Operating Limitations at New York LaGuardia Airport, 41484-41486 [2024-10298]

Download as PDF 41484 Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices Notice and request for comments. ACTION: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 14, 2024. The collection involves maintaining and recording ‘‘the status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. The information to be collected is necessary for verifying the time-life of life-limited parts and is used to ensure parts that have reached their life-limit are not installed on an aircraft, or are removed from an aircraft and properly dispositioned. DATES: Written comments should be submitted by June 12, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Randy.A.Shafer by email at: Randy.A.Shafer@faa.gov; phone: 217– 971–8378. SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. OMB Control Number: 2120–0665. Title: Safe Disposition of Life-Limited Aircraft Parts. Form Numbers: N/A. Type of Review: Renewal of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 14, 2024 (89 FR 18700). The installation of parts that have exceeded their manufacturer specified life-limit onto aircraft operating in the National Airspace (NAS) compromises the safety lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 21:33 May 10, 2024 Jkt 262001 of the public who fly on those aircraft. The FAA has found life-limited parts that exceeded their operating limitations installed on aircraft through accident investigations, Suspected Unapproved Parts (SUPS) reports, and routine surveillance activities. To help prevent the installation of aircraft parts that have reached their life-limit, the FAA has instituted regulations that require persons who remove parts that have reached their life limit, to properly disposition those parts. Proper disposition may include part recordkeeping, tagging, marking, segregation, mutilation, or another method approved or accepted by the FAA. Additionally, when requested by a person required to disposition a lifelimited part, the holder of a type certificate or design approval for a lifelimited part must provide marking instructions or must state that the part cannot be practicably marked without compromising its integrity. Respondents: 22,000 aircraft maintenance providers and design approval holders. Frequency: As needed. Estimated Average Burden per Response: 30 minutes per response. Estimated Total Annual Burden: 53,500 hours. Issued in Washington, DC, on May 7, 2024. Tanya A. Glines, Aviation Safety Inspector, Office of Safety Standards, Aircraft Maintenance Division, Airmen Section. [FR Doc. 2024–10316 Filed 5–10–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Operating Limitations at New York LaGuardia Airport Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Extension to order. AGENCY: This action extends the Order Limiting Operations at New York LaGuardia Airport (LGA) published on December 27, 2006, as most recently extended October 28, 2022. The Order remains effective until October 24, 2026. DATES: This action is effective on October 27, 2024. ADDRESSES: Requests may be submitted by mail to Slot Administration Office, System Operations Services, AJR–0, Room 300W, 800 Independence Avenue SW, Washington, DC 20591, or by email to: 7-awa-slotadmin@faa.gov. SUMMARY: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 Al Meilus, Capacity Analysis and Slot Administration, FAA ATO System Operations Services, AJR–G5, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–2822; email al.meilus@faa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Availability of Relevant Documents You may obtain an electronic copy using the internet by: (1) Searching the Federal eRulemaking Portal at www.regulations.gov; (2) Visiting the FAA’s Dynamic Regulatory System website at https:// drs.faa.gov; or (3) Accessing the Government Publishing Office’s website at www.GovInfo.gov. You also may obtain a copy by sending a request to the Federal Aviation Administration, Capacity Analysis and Slot Administration Office, AJR–G5, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–2822. Make sure to identify the docket number. Background The FAA historically limited the number of arrivals and departures at LGA through the implementation of the High Density Rule (HDR).1 By statute enacted in April 2000, (the Aviation Investment and Reform Act for the 21st Century (AIR–21)), Congress terminated the HDR’s applicability to LGA beginning on January 1, 2007.2 The FAA issued the Order Limiting Operations at New York LaGuardia Airport on December 27, 2006, adopting temporary limits on scheduled and unscheduled operations at LGA pending the completion of rulemaking to address long-term limits and related policies.3 This Order was amended on November 8, 2007, and August 19, 2008.4 Under the amended Order, the FAA limited scheduled and unscheduled operations at the airport to prevent congestionrelated delays associated with LaGuardia’s limited runway capacity. The FAA extended the expiration date of the amended Order on October 7, 2009, April 4, 2011, May 14, 2013, 1 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for operating at high density traffic airports in 14 CFR part 93, subpart K. The HDR required carriers to hold a reservation, which came to be known as a ‘‘slot,’’ for each takeoff or landing under instrument flight rules at the high density traffic airports. 2 Aviation Investment and Reform Act for the 21st Century (AIR–21), Public Law 106–181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2). 3 71 FR 77854. 4 72 FR 63224; 73 FR 48428. E:\FR\FM\13MYN1.SGM 13MYN1 Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices March 27, 2014, May 25, 2016, September 18, 2018, September 18, 2020, and October 28, 2022.5 Under this Order, as amended, the FAA (1) maintains the current hourly limits of 71 for scheduled operations and three for unscheduled operations at LGA during the slot-controlled hours; (2) imposes an 80 percent minimum usage requirement for Operating Authorizations (OAs) 6 with defined exceptions; (3) provides a mechanism for withdrawal of OAs for FAA operational reasons; (4) provides for a lottery to reallocate withdrawn, surrendered, or unallocated OAs; and (5) allows for trades and leases of OAs for consideration for the duration of the Order. The reasons for retaining the Order have not changed appreciably since its initial issuance. Despite the dynamic demand during the 2022–2024 period, runway capacity at LGA remains limited, while demand for access to LGA remains high. The FAA has determined that the operational limitations imposed by this Order are appropriate and necessary. During the effective period of this Order, the FAA will continue to monitor demand, performance, and runway capacity at LGA, to determine if changes are warranted. In 2009, the FAA reduced the scheduling limits under this Order from 75 operations per hour to 71 per hour to provide an opportunity to improve operations.7 The FAA did not require a reduction of historic slots to reach the new hourly limits. Instead, historic allocations were honored. However, slots voluntarily returned or withdrawn per the terms of the Order are not reallocated if the hourly totals exceed the revised 71 hourly scheduling limit. As a result of this historic practice, between 72 and 75 slots remain authorized in most slot-controlled hours. The FAA, in coordination with the Office of the Secretary of Transportation (OST), will continue to consider potential rulemaking to codify policies for slot-controlled airports. lotter on DSK11XQN23PROD with NOTICES1 Pending Issues In extending the Orders limiting operations at LGA and John F. Kennedy International Airport (JFK) in 2018, the FAA noted that receipt of specific proposals for policy changes that would necessitate substantive modifications to 5 74 FR 51653; 76 FR 18616, amended by 77 FR 30585 (May 23, 2012); 78 FR 28278; 79 FR 17222; 81 FR 33126; 83 FR 47065;85 FR 58255; and 87 FR 65159. 6 Also referred to herein as ‘‘slots.’’ 7 74 FR 2646 (Jan. 15, 2009). VerDate Sep<11>2014 21:33 May 10, 2024 Jkt 262001 the Orders.8 Consideration of these issues is ongoing. Accordingly, the FAA is extending the expiration date of this Order until October 24, 2026. This expiration date coincides with the extended expiration date for the Order limiting scheduled operations at JFK, as also published elsewhere in the Federal Register. The FAA continues to monitor demand, performance, and runway capacity at LGA in order to determine if changes are warranted during the effective period of this Order. The FAA is working with MITRE’s Center for Advanced Aviation System Development on a study analyzing airport runway configurations and capacity. The continuation of this study will investigate the projected delays with alternative demand scenarios, as well as consider a number of the complexities associated with LGA operations, including interaction with other nearby airports and operational growth limitations due to the busy airspace surrounding the New York Area. The FAA finds that notice and comment procedures under 5 U.S.C. 553(b) are impracticable, unnecessary, and contrary to the public interest, as carriers have planned schedules for the Winter 2024/2025 scheduling season and no substantive amendments are included in this action. For these reasons, the FAA also finds that it is impracticable and contrary to the public interest to delay the effective date of this action under 5 U.S.C. 553(d). The Amended Order The Order, as amended, is recited below in its entirety. A. Scheduled Operations With respect to scheduled operations at LaGuardia: 1. The Order governs scheduled arrivals and departures at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. Seventy-one (71) Operating Authorizations are available per hour and will be assigned by the FAA on a 30-minute basis. The FAA will permit additional, existing operations above this threshold; however, the FAA will retire Operating Authorizations that are surrendered to the FAA, withdrawn for non-use, or unassigned during each affected hour until the number of Operating 8 See discussion of ‘‘Current Issues’’ in 2018 JFK Order, 83 FR at 46865, and LGA Order, 83 FR at 47065. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 41485 Authorizations in that hour reaches seventy-one (71). 2. The Order took effect on January 1, 2007, and will expire on October 24, 2026. 3. The FAA will assign operating authority to conduct an arrival or a departure at LaGuardia during the affected hours to the air carrier that holds equivalent slot or slot exemption authority under the High Density Rule of FAA slot exemption rules as of January 1, 2007; to the primary marketing air carrier in the case of AIR– 21 small hub/non-hub airport slot exemptions; or to the air carrier operating the flights as of January 1, 2007, in the case of a slot held by a non carrier. The FAA will not assign operating authority under the Order to any person or entity other than a certificated U.S. or foreign air carrier with appropriate economic authority and with operating authority from FAA under 14 CFR part 121, 129 or 135. 4. For administrative tracking purposes only, the FAA will assign an identification number to each Operating Authorization. 5. An air carrier may lease or trade an Operating Authorization to another carrier for any consideration, not to exceed the duration of the Order. Notice of a trade or lease under this paragraph must be submitted in writing to the FAA Slot Administration Office, email 7AWA-Slotadmin@faa.gov, and must come from a designated representative of each carrier. The FAA must confirm and approve these transactions in writing prior to the effective date of the transaction. However, the FAA will approve transfers between carriers under the same marketing control up to 5 business days after the actual operation. This post-transfer approval is limited to accommodate operational disruptions that occur on the same day of the scheduled operation. 6. Each air carrier holding an Operating Authorization must forward in writing to the FAA Slot Administration Office a list of all Operating Authorizations held by the carrier along with a listing of the Operating Authorizations actually operated for each day of the two-month reporting period, within 14 days after the last day of the two-month reporting period beginning January 1 and every two months thereafter. Any Operating Authorization not used at least 80 percent of the time over a two-month period will be withdrawn by the FAA except: A. The FAA will treat as used any Operating Authorization held by an air carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and the E:\FR\FM\13MYN1.SGM 13MYN1 41486 Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices period from December 24 through the first Saturday in January. B. The FAA will treat as used any Operating Authorization obtained by an air carrier through a lottery under paragraph 7 for the first 120 days after allocation in the lottery. C. The Administrator of the FAA may waive the 80 percent usage requirement in the event of a highly unusual and unpredictable condition which is beyond the control of the air carrier and which affects carrier operations for a period of five consecutive days or more. 7. In the event that Operating Authorizations are withdrawn for nonuse, are surrendered to the FAA, or are unassigned, the FAA will determine whether any of the available Operating Authorizations should be reallocated. If so, the FAA will conduct a lottery using the provisions specified under 14 CFR 93.225. The FAA may retime an Operating Authorization prior to reallocation in order to address operational needs. 8. If the FAA determines that a reduction in the number of allocated Operating Authorizations is required to meet operational needs, such as reduced airport capacity, the FAA will conduct a weighted lottery to withdraw Operating Authorizations to meet a reduced hourly or half-hourly limit for scheduled operations. The FAA will provide at least 45 days’ notice unless otherwise required by operational needs. Any Operating Authorization that is withdrawn or temporarily suspended will, if reallocated, be reallocated to the air carrier from which it was taken, provided that the air carrier continues to operate scheduled service at LaGuardia. 9. The Vice President, System Operations Services, in coordination with the Chief Counsel of the FAA, is the final decision maker for determinations under this Order. 10. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. B. Unscheduled Operations 9 lotter on DSK11XQN23PROD with NOTICES1 With respect to unscheduled flight operations at LaGuardia, the FAA adopts the following: 9 Unscheduled operations are operations other than those regularly conducted by an air carrier between LaGuardia and another service point. Unscheduled operations include general aviation, public aircraft, military, irregular charter, ferry, and positioning flights. Regularly conducted commercial flights require an Operating Authorization and may not use unscheduled operation reservations. Helicopter operations are excluded from the reservation requirement. Unscheduled flights operating under visual flight rules (VFR) may be accommodated by the local air VerDate Sep<11>2014 21:33 May 10, 2024 Jkt 262001 1. The Order applies to all operators of unscheduled flights, except helicopter operations, at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. 2. The Order took effect on January 1, 2007, and will expire on October 24, 2026. 3. No person can operate an aircraft other than a helicopter to or from LaGuardia unless the operator has received, for that unscheduled operation, a reservation that is assigned by the David J. Hurley Air Traffic Control System Command Center’s Airport Reservation Office (ARO), or for unscheduled visual flight rule operations, received clearance from ATC. Additional information on procedures for obtaining a reservation is available via the internet at https:// www.fly.faa.gov/ecvrs. 4. Three (3) reservations are available per hour for unscheduled operations at LaGuardia. The ARO will assign reservations on a 30-minute basis. 5. The ARO receives and processes all reservation requests. Reservations are assigned on a ‘‘first-come, first-served’’ basis, determined as of the time that the ARO receives the request. A cancellation of any reservation that will not be used as assigned is required. 6. Filing a request for a reservation does not constitute the filing of an instrument flight rules (IFR) flight plan, as separately required by regulation. After the reservation is obtained, an IFR flight plan can be filed. The IFR flight plan must include the reservation number in the ‘‘remarks’’ section. 7. Air Traffic Control will accommodate declared emergencies without regard to reservations. Nonemergency flights in direct support of national security, law enforcement, military aircraft operations, or public aircraft operations will be accommodated above the reservation limits with the prior approval of the Vice President, System Operations Services, Air Traffic Organization. Procedures for obtaining the appropriate reservation for such flights are available via the internet at https:// www.fly.faa.gov/ecvrs. 8. Notwithstanding the limits in paragraph 4, if the Air Traffic Organization determines that air traffic control, weather, and capacity conditions are favorable and significant delay is not likely, the FAA can accommodate additional reservations over a specific period. Unused operating traffic control facilities and are not included in the hourly limits. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 authorizations can also be temporarily made available for unscheduled operations. Reservations for additional operations are obtained through the ARO. 9. Reservations cannot be bought, sold, or leased. 10. The Vice President, System Operations Services, in coordination with the Chief Counsel of the FAA, is the final decision maker for determinations under this Order. 11. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. C. Enforcement The FAA may enforce the Order through an enforcement action seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department of Justice also could file a civil action in U.S. District Court, under 49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from violating the terms of the Order. Issued in Washington, DC, on May 7, 2024. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2024–10298 Filed 5–10–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Operating Limitations at John F. Kennedy International Airport Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Extension to order. AGENCY: This action extends the Order Limiting Operations at John F. Kennedy International Airport (JFK) published on January 18, 2008, and most recently extended on October 28, 2022. The Order remains effective until October 24, 2026. DATES: This action is effective on October 27, 2024. ADDRESSES: Requests may be submitted by mail to Slot Administration Office, System Operations Services, AJR–0, Room 300W, 800 Independence Avenue SW, Washington, DC 20591, or by email to: 7-awa-slotadmin@faa.gov. FOR FURTHER INFORMATION CONTACT: Al Meilus, Capacity Analysis and Slot Administration, FAA ATO System Operations Services, AJR–G5, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–2822; email al.meilus@faa.gov. SUMMARY: E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41484-41486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10298]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Operating Limitations at New York LaGuardia Airport

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Extension to order.

-----------------------------------------------------------------------

SUMMARY: This action extends the Order Limiting Operations at New York 
LaGuardia Airport (LGA) published on December 27, 2006, as most 
recently extended October 28, 2022. The Order remains effective until 
October 24, 2026.

DATES: This action is effective on October 27, 2024.

ADDRESSES: Requests may be submitted by mail to Slot Administration 
Office, System Operations Services, AJR-0, Room 300W, 800 Independence 
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Al Meilus, Capacity Analysis and Slot 
Administration, FAA ATO System Operations Services, AJR-G5, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591; telephone (202) 267-2822; email [email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Relevant Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal at 
www.regulations.gov;
    (2) Visiting the FAA's Dynamic Regulatory System website at https://drs.faa.gov; or
    (3) Accessing the Government Publishing Office's website at 
www.GovInfo.gov.
    You also may obtain a copy by sending a request to the Federal 
Aviation Administration, Capacity Analysis and Slot Administration 
Office, AJR-G5, 800 Independence Avenue SW, Washington, DC 20591, or by 
calling (202) 267-2822. Make sure to identify the docket number.

Background

    The FAA historically limited the number of arrivals and departures 
at LGA through the implementation of the High Density Rule (HDR).\1\ By 
statute enacted in April 2000, (the Aviation Investment and Reform Act 
for the 21st Century (AIR-21)), Congress terminated the HDR's 
applicability to LGA beginning on January 1, 2007.\2\ The FAA issued 
the Order Limiting Operations at New York LaGuardia Airport on December 
27, 2006, adopting temporary limits on scheduled and unscheduled 
operations at LGA pending the completion of rulemaking to address long-
term limits and related policies.\3\ This Order was amended on November 
8, 2007, and August 19, 2008.\4\ Under the amended Order, the FAA 
limited scheduled and unscheduled operations at the airport to prevent 
congestion-related delays associated with LaGuardia's limited runway 
capacity. The FAA extended the expiration date of the amended Order on 
October 7, 2009, April 4, 2011, May 14, 2013,

[[Page 41485]]

March 27, 2014, May 25, 2016, September 18, 2018, September 18, 2020, 
and October 28, 2022.\5\
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    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for 
operating at high density traffic airports in 14 CFR part 93, 
subpart K. The HDR required carriers to hold a reservation, which 
came to be known as a ``slot,'' for each takeoff or landing under 
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century 
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
    \3\ 71 FR 77854.
    \4\ 72 FR 63224; 73 FR 48428.
    \5\ 74 FR 51653; 76 FR 18616, amended by 77 FR 30585 (May 23, 
2012); 78 FR 28278; 79 FR 17222; 81 FR 33126; 83 FR 47065;85 FR 
58255; and 87 FR 65159.
---------------------------------------------------------------------------

    Under this Order, as amended, the FAA (1) maintains the current 
hourly limits of 71 for scheduled operations and three for unscheduled 
operations at LGA during the slot-controlled hours; (2) imposes an 80 
percent minimum usage requirement for Operating Authorizations (OAs) 
\6\ with defined exceptions; (3) provides a mechanism for withdrawal of 
OAs for FAA operational reasons; (4) provides for a lottery to 
reallocate withdrawn, surrendered, or unallocated OAs; and (5) allows 
for trades and leases of OAs for consideration for the duration of the 
Order.
---------------------------------------------------------------------------

    \6\ Also referred to herein as ``slots.''
---------------------------------------------------------------------------

    The reasons for retaining the Order have not changed appreciably 
since its initial issuance. Despite the dynamic demand during the 2022-
2024 period, runway capacity at LGA remains limited, while demand for 
access to LGA remains high. The FAA has determined that the operational 
limitations imposed by this Order are appropriate and necessary. During 
the effective period of this Order, the FAA will continue to monitor 
demand, performance, and runway capacity at LGA, to determine if 
changes are warranted.
    In 2009, the FAA reduced the scheduling limits under this Order 
from 75 operations per hour to 71 per hour to provide an opportunity to 
improve operations.\7\ The FAA did not require a reduction of historic 
slots to reach the new hourly limits. Instead, historic allocations 
were honored. However, slots voluntarily returned or withdrawn per the 
terms of the Order are not reallocated if the hourly totals exceed the 
revised 71 hourly scheduling limit. As a result of this historic 
practice, between 72 and 75 slots remain authorized in most slot-
controlled hours. The FAA, in coordination with the Office of the 
Secretary of Transportation (OST), will continue to consider potential 
rulemaking to codify policies for slot-controlled airports.
---------------------------------------------------------------------------

    \7\ 74 FR 2646 (Jan. 15, 2009).
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Pending Issues

    In extending the Orders limiting operations at LGA and John F. 
Kennedy International Airport (JFK) in 2018, the FAA noted that receipt 
of specific proposals for policy changes that would necessitate 
substantive modifications to the Orders.\8\ Consideration of these 
issues is ongoing. Accordingly, the FAA is extending the expiration 
date of this Order until October 24, 2026. This expiration date 
coincides with the extended expiration date for the Order limiting 
scheduled operations at JFK, as also published elsewhere in the Federal 
Register.
---------------------------------------------------------------------------

    \8\ See discussion of ``Current Issues'' in 2018 JFK Order, 83 
FR at 46865, and LGA Order, 83 FR at 47065.
---------------------------------------------------------------------------

    The FAA continues to monitor demand, performance, and runway 
capacity at LGA in order to determine if changes are warranted during 
the effective period of this Order. The FAA is working with MITRE's 
Center for Advanced Aviation System Development on a study analyzing 
airport runway configurations and capacity. The continuation of this 
study will investigate the projected delays with alternative demand 
scenarios, as well as consider a number of the complexities associated 
with LGA operations, including interaction with other nearby airports 
and operational growth limitations due to the busy airspace surrounding 
the New York Area.
    The FAA finds that notice and comment procedures under 5 U.S.C. 
553(b) are impracticable, unnecessary, and contrary to the public 
interest, as carriers have planned schedules for the Winter 2024/2025 
scheduling season and no substantive amendments are included in this 
action. For these reasons, the FAA also finds that it is impracticable 
and contrary to the public interest to delay the effective date of this 
action under 5 U.S.C. 553(d).

The Amended Order

    The Order, as amended, is recited below in its entirety.

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The Order governs scheduled arrivals and departures at LaGuardia 
from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and 
from 12 noon through 9:59 p.m., Eastern Time, Sunday. Seventy-one (71) 
Operating Authorizations are available per hour and will be assigned by 
the FAA on a 30-minute basis. The FAA will permit additional, existing 
operations above this threshold; however, the FAA will retire Operating 
Authorizations that are surrendered to the FAA, withdrawn for non-use, 
or unassigned during each affected hour until the number of Operating 
Authorizations in that hour reaches seventy-one (71).
    2. The Order took effect on January 1, 2007, and will expire on 
October 24, 2026.
    3. The FAA will assign operating authority to conduct an arrival or 
a departure at LaGuardia during the affected hours to the air carrier 
that holds equivalent slot or slot exemption authority under the High 
Density Rule of FAA slot exemption rules as of January 1, 2007; to the 
primary marketing air carrier in the case of AIR-21 small hub/non-hub 
airport slot exemptions; or to the air carrier operating the flights as 
of January 1, 2007, in the case of a slot held by a non carrier. The 
FAA will not assign operating authority under the Order to any person 
or entity other than a certificated U.S. or foreign air carrier with 
appropriate economic authority and with operating authority from FAA 
under 14 CFR part 121, 129 or 135.
    4. For administrative tracking purposes only, the FAA will assign 
an identification number to each Operating Authorization.
    5. An air carrier may lease or trade an Operating Authorization to 
another carrier for any consideration, not to exceed the duration of 
the Order. Notice of a trade or lease under this paragraph must be 
submitted in writing to the FAA Slot Administration Office, email 7-
[email protected], and must come from a designated representative 
of each carrier. The FAA must confirm and approve these transactions in 
writing prior to the effective date of the transaction. However, the 
FAA will approve transfers between carriers under the same marketing 
control up to 5 business days after the actual operation. This post-
transfer approval is limited to accommodate operational disruptions 
that occur on the same day of the scheduled operation.
    6. Each air carrier holding an Operating Authorization must forward 
in writing to the FAA Slot Administration Office a list of all 
Operating Authorizations held by the carrier along with a listing of 
the Operating Authorizations actually operated for each day of the two-
month reporting period, within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months 
thereafter. Any Operating Authorization not used at least 80 percent of 
the time over a two-month period will be withdrawn by the FAA except:
    A. The FAA will treat as used any Operating Authorization held by 
an air carrier on Thanksgiving Day, the Friday following Thanksgiving 
Day, and the

[[Page 41486]]

period from December 24 through the first Saturday in January.
    B. The FAA will treat as used any Operating Authorization obtained 
by an air carrier through a lottery under paragraph 7 for the first 120 
days after allocation in the lottery.
    C. The Administrator of the FAA may waive the 80 percent usage 
requirement in the event of a highly unusual and unpredictable 
condition which is beyond the control of the air carrier and which 
affects carrier operations for a period of five consecutive days or 
more.
    7. In the event that Operating Authorizations are withdrawn for 
nonuse, are surrendered to the FAA, or are unassigned, the FAA will 
determine whether any of the available Operating Authorizations should 
be reallocated. If so, the FAA will conduct a lottery using the 
provisions specified under 14 CFR 93.225. The FAA may retime an 
Operating Authorization prior to reallocation in order to address 
operational needs.
    8. If the FAA determines that a reduction in the number of 
allocated Operating Authorizations is required to meet operational 
needs, such as reduced airport capacity, the FAA will conduct a 
weighted lottery to withdraw Operating Authorizations to meet a reduced 
hourly or half-hourly limit for scheduled operations. The FAA will 
provide at least 45 days' notice unless otherwise required by 
operational needs. Any Operating Authorization that is withdrawn or 
temporarily suspended will, if reallocated, be reallocated to the air 
carrier from which it was taken, provided that the air carrier 
continues to operate scheduled service at LaGuardia.
    9. The Vice President, System Operations Services, in coordination 
with the Chief Counsel of the FAA, is the final decision maker for 
determinations under this Order.
    10. The FAA may modify or withdraw any provision in this Order on 
its own or on application by any carrier for good cause shown.

B. Unscheduled Operations 9
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    \9\ Unscheduled operations are operations other than those 
regularly conducted by an air carrier between LaGuardia and another 
service point. Unscheduled operations include general aviation, 
public aircraft, military, irregular charter, ferry, and positioning 
flights. Regularly conducted commercial flights require an Operating 
Authorization and may not use unscheduled operation reservations. 
Helicopter operations are excluded from the reservation requirement. 
Unscheduled flights operating under visual flight rules (VFR) may be 
accommodated by the local air traffic control facilities and are not 
included in the hourly limits.
---------------------------------------------------------------------------

    With respect to unscheduled flight operations at LaGuardia, the FAA 
adopts the following:
    1. The Order applies to all operators of unscheduled flights, 
except helicopter operations, at LaGuardia from 6 a.m. through 9:59 
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 
p.m., Eastern Time, Sunday.
    2. The Order took effect on January 1, 2007, and will expire on 
October 24, 2026.
    3. No person can operate an aircraft other than a helicopter to or 
from LaGuardia unless the operator has received, for that unscheduled 
operation, a reservation that is assigned by the David J. Hurley Air 
Traffic Control System Command Center's Airport Reservation Office 
(ARO), or for unscheduled visual flight rule operations, received 
clearance from ATC. Additional information on procedures for obtaining 
a reservation is available via the internet at https://www.fly.faa.gov/ecvrs.
    4. Three (3) reservations are available per hour for unscheduled 
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
    5. The ARO receives and processes all reservation requests. 
Reservations are assigned on a ``first-come, first-served'' basis, 
determined as of the time that the ARO receives the request. A 
cancellation of any reservation that will not be used as assigned is 
required.
    6. Filing a request for a reservation does not constitute the 
filing of an instrument flight rules (IFR) flight plan, as separately 
required by regulation. After the reservation is obtained, an IFR 
flight plan can be filed. The IFR flight plan must include the 
reservation number in the ``remarks'' section.
    7. Air Traffic Control will accommodate declared emergencies 
without regard to reservations. Nonemergency flights in direct support 
of national security, law enforcement, military aircraft operations, or 
public aircraft operations will be accommodated above the reservation 
limits with the prior approval of the Vice President, System Operations 
Services, Air Traffic Organization. Procedures for obtaining the 
appropriate reservation for such flights are available via the internet 
at https://www.fly.faa.gov/ecvrs.
    8. Notwithstanding the limits in paragraph 4, if the Air Traffic 
Organization determines that air traffic control, weather, and capacity 
conditions are favorable and significant delay is not likely, the FAA 
can accommodate additional reservations over a specific period. Unused 
operating authorizations can also be temporarily made available for 
unscheduled operations. Reservations for additional operations are 
obtained through the ARO.
    9. Reservations cannot be bought, sold, or leased.
    10. The Vice President, System Operations Services, in coordination 
with the Chief Counsel of the FAA, is the final decision maker for 
determinations under this Order.
    11. The FAA may modify or withdraw any provision in this Order on 
its own or on application by any carrier for good cause shown.

C. Enforcement

    The FAA may enforce the Order through an enforcement action seeking 
a civil penalty under 49 U.S.C. 46301(a). The FAA or Department of 
Justice also could file a civil action in U.S. District Court, under 49 
U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from 
violating the terms of the Order.

    Issued in Washington, DC, on May 7, 2024.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2024-10298 Filed 5-10-24; 8:45 am]
 BILLING CODE 4910-13-P
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