18618 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 

1 73 FR 29550 (May 21, 2008), as amended by 74 

FR 51648 (Oct. 7, 2009). 

2 73 FR 29626 (May 21, 2008); Docket FAA–2008– 

0517. 

3 73 FR 60574, amended by 73 FR 66516 (Nov. 

10, 2008). 

4 74 FR 52134 (Oct. 9, 2009). 

5 74 FR 51648. 

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 would be 

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 

use 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 http:// 

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. 

Issued in Washington, DC on March 28, 

2011. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2011–7843 Filed 4–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2008–0221] 

Operating Limitations at Newark 

Liberty International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Extension to Order. 

SUMMARY: This action amends the Order 

Limiting Operations at Newark Liberty 

International Airport (EWR) that 

published on May 21, 2008, and was 

amended on October 7, 2009. The Order 

remains effective until the final 

Congestion Management Rule for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 26, 

2013. 

DATES: This amendment is effective on 

April 4, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

Order contact: Gerry Shakley, System 

Operations Services, Air Traffic 

Organization, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–9424; facsimile: 

(202) 267–7277; e-mail: 

gerry.shakley@faa.gov. 

For legal questions concerning this 

Order contact: Robert Hawks, Office of 

the Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–7240; facsimile: 

(202) 267–7971; e-mail: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You may obtain an electronic copy 

using the Internet by: 

(1) Searching the Federal 

eRulemaking Portal (http:// 

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You also may obtain a copy by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue, SW., Washington, DC 20591, or 

by calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Background 

Over the past several years, EWR has 

grown to be one of the most delay-prone 

airports in the country. In 2007, demand 

during peak hours approached or 

exceeded the average runway capacity, 

resulting in significant volume-related 

delays. In May 2008, the FAA placed 

temporary limits on scheduled 

operations at EWR to mitigate persistent 

congestion and delays at the airport.1

This Order also mitigated FAA’s 

concern about a spillover effect 

resulting from limiting operations at 

John F. Kennedy International Airport 

(JFK). With a temporary schedule limit 

order in place, the FAA proposed a 

long-term rule that would limit the 

number of scheduled and unscheduled 

operations at EWR.2 On October 10, 

2008, the FAA published the Congestion 

Management Rule for John F. Kennedy 

International Airport and Newark 

Liberty International Airport, which 

would have become effective on 

December 9, 2008.3 That rule was stayed 

by the U.S. Court of Appeals for the 

District of Columbia Circuit and 

subsequently rescinded by the FAA.4

This Order was further extended on 

October 7, 2009.5

Under the Order, as amended, the 

FAA (1) maintains the current hourly 

limits on 81 scheduled operations at 

EWR during the peak period; (2) 

imposes an 80 percent minimum usage 

requirement for Operating 

Authorizations (OAs) with defined 

exceptions; (3) provides a mechanism 

for withdrawal of OAs for FAA 

operational reasons; (4) establishes 

procedures to allocate withdrawn, 

surrendered, or unallocated OAs; and 

(5) allows for trades and leases of OAs 

for consideration for the duration of the 

Order. Without the operational 

limitations imposed by this Order, the 

FAA expects severe congestion-related 

delays would occur at EWR and at other 

airports throughout the National 

Airspace System (NAS). 

The FAA is engaged in a rulemaking 

effort to implement a long-term 

congestion management rule at 

LaGuardia Airport (LGA), JFK, and 

EWR. The FAA anticipates publishing a 

notice of proposed rulemaking for the 

Congestion Management Rule for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport (RIN 2120– 

AJ89) during the summer of 2011. To 

prevent this Order from expiring prior 

to a final rule becoming effective, the 

FAA has concluded it is necessary to 

extend the expiration date of this Order 

until the final Congestion Management 

Rule for LaGuardia Airport, John F. 

Kennedy International Airport, and 

Newark Liberty International Airport 

becomes effective but not later than 


Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 18619 

October 26, 2013. This expiration date 

coincides with the expiration dates for 

the Orders limiting scheduled 

operations at JFK and LGA, as also 

amended by notices in today’s Federal 

Register. 

Therefore, the FAA finds that notice 

and comment procedures under 5 U.S.C. 

section 553(b) are impracticable and 

contrary to the public interest. The FAA 

further finds that good cause exists to 

make this Order effective in less than 30 

days. 

The Amended Order 

The Order, as amended, is recited 

below in its entirety. 

1. This Order assigns operating 

authority to conduct an arrival or a 

departure at EWR during the affected 

hours to the U.S. air carrier or foreign 

air carrier identified in the appendix to 

this Order. The FAA will not assign 

operating authority under this Order to 

any person or entity other than a 

certificated U.S. or foreign air carrier 

with appropriate economic authority 

and FAA operating authority under 14 

CFR part 121, 129, or 135. This Order 

applies to the following: 

a. All U.S. air carriers and foreign air 

carriers conducting scheduled 

operations at EWR as of the date of this 

Order, any U.S. air carrier or foreign air 

carrier that operates under the same 

designator code as such a carrier, and 

any air carrier or foreign-flag carrier that 

has or enters into a codeshare agreement 

with such a carrier. 

b. All U.S. air carriers or foreign air 

carriers initiating scheduled or regularly 

conducted commercial service to EWR 

while this Order is in effect. 

c. The Chief Counsel of the FAA, in 

consultation with the Vice President, 

System Operations Services, is the final 

decisionmaker for determinations under 

this Order. 

2. This Order governs scheduled 

arrivals and departures at EWR from 6 

a.m. through 10:59 p.m., Eastern Time, 

Sunday through Saturday. 

3. This Order takes effect at 6 a.m., 

Eastern Time, on June 20, 2008, and will 

expire when the final Congestion 

Management Rule for LaGuardia 

Airport, John F. Kennedy International 

Airport, and Newark Liberty 

International Airport becomes effective 

but not later than October 26, 2013. 

4. Under the authority provided to the 

Secretary of Transportation and the 

FAA Administrator by 49 U.S.C. 40101, 

40103 and 40113, we hereby order that: 

a. No U.S. air carrier or foreign air 

carrier initiating or conducting 

scheduled or regularly conducted 

commercial service at EWR may 

conduct such operations without an 

Operating Authorization assigned by the 

FAA. 

b. Except as provided in the appendix 

to this Order, scheduled U.S. air carrier 

and foreign air carrier arrivals and 

departures will not exceed 81 per hour 

from 6 a.m. through 10:59 p.m., Eastern 

Time. 

c. The Administrator may change the 

limits if he determines that capacity 

exists to accommodate additional 

operations without a significant increase 

in delays. 

5. For administrative tracking 

purposes only, the FAA will assign an 

identification number to each Operating 

Authorization. 

6. A carrier holding an Operating 

Authorization may request the 

Administrator’s approval to move any 

arrival or departure scheduled from 6 

a.m. through 10:59 p.m. to another half 

hour within that period. Except as 

provided in paragraph seven, the carrier 

must receive the written approval of the 

Administrator, or his delegate, prior to 

conducting any scheduled arrival or 

departure that is not listed in the 

appendix to this Order. All requests to 

move an allocated Operating 

Authorization must be submitted to the 

FAA Slot Administration Office, 

facsimile (202) 267–7277 or e-mail 7– 

AWA–Slotadmin@faa.gov, and must 

come from a designated representative 

of the carrier. If the FAA cannot approve 

a carrier’s request to move a scheduled 

arrival or departure, the carrier may 

then apply for a trade in accordance 

with paragraph seven. 

7. For the duration of this Order, a 

carrier may enter into a lease or trade of 

an Operating Authorization to another 

carrier for any consideration. Notice of 

a trade or lease under this paragraph 

must be submitted in writing to the FAA 

Slot Administration Office, facsimile 

(202) 267–7277 or e-mail 7–AWA– 

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. The FAA will approve 

transfers between carriers under the 

same marketing control up to five 

business days after the actual operation, 

but only to accommodate operational 

disruptions that occur on the same day 

of the scheduled operation. The FAA’s 

approval of a trade or lease does not 

constitute a commitment by the FAA to 

grant the associated historical rights to 

any operator in the event that slot 

controls continue at EWR after this 

order expires. 

8. A carrier may not buy, sell, trade, 

or transfer an Operating Authorization, 

except as described in paragraph seven. 

9. Historical rights to Operating 

Authorizations and withdrawal of those 

rights due to insufficient usage will be 

determined on a seasonal basis and in 

accordance with the schedule approved 

by the FAA prior to the commencement 

of the applicable season. 

a. For each day of the week that the 

FAA has approved an operating 

schedule, any Operating Authorization 

not used at least 80% of the time over 

the period authorized by the FAA under 

this paragraph will be withdrawn by the 

FAA for the next applicable season 

except: 

i. The FAA will treat as used any 

Operating Authorization held by a 

carrier on Thanksgiving Day, the Friday 

following Thanksgiving Day, and the 

period from December 24 through the 

first Saturday in January. 

ii. The Administrator of the FAA may 

waive the 80% usage requirement in the 

event of a highly unusual and 

unpredictable condition which is 

beyond the control of the carrier and 

which affects carrier operations for a 

period of five consecutive days or more. 

b. Each 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 and for each Operating 

Authorization, along with a listing of 

the Operating Authorizations and: 

i. The dates within each applicable 

season on which it intends to 

commence and to cease scheduled 

operations. 

A. For each winter scheduling season, 

the report must be received by the FAA 

no later than August 15 during the 

preceding summer. 

B. For each summer scheduling 

season, the report must be received by 

the FAA no later than January 15 during 

the preceding winter. 

ii. The completed operations for each 

day of the applicable scheduling season: 

A. No later than September 1 for the 

summer scheduling season. 

B. No later than January 15 for the 

winter scheduling season. 

iii. A final report of the completed 

operations for each day of the 

scheduling season within 30 days after 

the last day of the applicable scheduling 

season. 

10. In the event that a carrier 

surrenders to the FAA any Operating 

Authorization assigned to it under this 

Order or if there are unallocated 

Operating Authorizations, the FAA will 

determine whether the Operating 

Authorizations should be reallocated. 

The FAA may temporarily allocate an 

Operating Authorization at its 

discretion. Such temporary allocations 

will not be entitled to historical status 


Emcdonald on DSK2BSOYB1PROD with NOTICES
18620 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 

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. 

2Aviation 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 73 FR 3512 (Jan. 18, 2008), as amended by 73 

FR 8737 (Feb. 14, 2008). 

4 73 FR 29626 (May 21, 2008); Docket FAA–2008– 

0517. 

5 73 FR 60574, amended by 73 FR 66516 (Nov. 

10, 2008). 

6 74 FR 52134 (Oct. 9, 2009). 

7 74 FR 51650. 

for the next applicable scheduling 

season under paragraph 9. 

11. If the FAA determines that an 

involuntary 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 carrier 

from which it was taken, provided that 

the carrier continues to operate 

scheduled service at EWR. 

12. The FAA will enforce this Order 

through an enforcement action seeking 

a civil penalty under 49 U.S.C. 46301(a). 

A carrier that is not a small business as 

defined in the Small Business Act, 15 

U.S.C. 632, will be liable for a civil 

penalty of up to $25,000 for every day 

that it violates the limits set forth in this 

Order. A carrier that is a small business 

as defined in the Small Business Act 

will be liable for a civil penalty of up 

to $10,000 for every day that it violates 

the limits set forth in this Order. The 

FAA also could file a civil action in U.S. 

District Court, under 49 U.S.C. 46106, 

46107, seeking to enjoin any air carrier 

from violating the terms of this Order. 

13. The FAA may modify or withdraw 

any provision in this Order on its own 

or on application by any carrier for good 

cause shown. 

Issued in Washington, DC, on March 28, 

2011. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2011–7845 Filed 4–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2007–29320] 

Operating Limitations at John F. 

Kennedy International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Extension to Order. 

SUMMARY: This action amends the Order 

Limiting Operations at John F. Kennedy 

International Airport (JFK) that 

published on January 18, 2008, and was 

amended on February 14, 2008, and 

October 7, 2009. The Order remains 

effective until the final Congestion 

Management Rule for LaGuardia 

Airport, John F. Kennedy International 

Airport, and Newark Liberty 

International Airport becomes effective 

but not later than October 26, 2013. 

DATES: This amendment is effective on 

April 4, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

Order contact: Gerry Shakley, System 

Operations Services, Air Traffic 

Organization, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–9424; facsimile: 

(202) 267–7277; e-mail: 

gerry.shakley@faa.gov. 

For legal questions concerning this 

Order contact: Robert Hawks, Office of 

the Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–7240; facsimile: 

(202) 267–7971; e-mail: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You may obtain an electronic copy 

using the Internet by: 

(1) Searching the Federal 

eRulemaking Portal (http:// 

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You also may obtain a copy by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue, SW., Washington, DC 20591, or 

by calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Background 

Until recently, most operations at JFK 

took place during relatively pronounced 

arrival and departure banks 

corresponding to the operating windows 

of transatlantic flights. The FAA had 

limited the number of arrivals and 

departures at JFK during the peak 

afternoon demand period through the 

implementation of the High Density 

Rule (HDR).1 By statute enacted in April 

2000, the HDR’s applicability to JFK 

operations terminated as of January 1, 

2007.2 Using AIR–21 exemptions and 

the HDR phase-out, U.S. air carriers 

serving JFK significantly increased their 

domestic scheduled operations 

throughout the day. This increase in 

operations resulted in significant 

congestion and delays that negatively 

impacted the National Airspace System 

(NAS). In January 2008, the FAA placed 

temporary limits on scheduled 

operations at JFK to mitigate persistent 

congestion and delays at the airport.3

With a temporary schedule limit order 

in place, the FAA proposed a long-term 

rule that would limit the number of 

scheduled and unscheduled operations 

at JFK.4 On October 10, 2008, the FAA 

published the Congestion Management 

Rule for John F. Kennedy International 

Airport and Newark Liberty 

International Airport, which would 

have become effective on December 9, 

2008.5 That rule was stayed by the U.S. 

Court of Appeals for the District of 

Columbia Circuit and subsequently 

rescinded by the FAA.6 This Order was 

further extended on October 7, 2009.7

Under the Order, as amended, the 

FAA (1) maintains the current hourly 

limits on 81 scheduled operations at JFK 

during the peak period; (2) imposes an 

80 percent minimum usage requirement 

for Operating Authorizations (OAs) with 

defined exceptions; (3) provides a 

mechanism for withdrawal of OAs for 

FAA operational reasons; (4) establishes 

procedures to allocate withdrawn, 

surrendered, or unallocated OAs; and 

(5) allows for trades and leases of OAs 

for consideration for the duration of the 

Order. Without the operational 

limitations imposed by this Order, the 

FAA expects severe congestion-related 

delays would occur at JFK and at other 

airports throughout the NAS. 

The FAA is engaged in a rulemaking 

effort to implement a long-term 

congestion management rule at 

LaGuardia Airport (LGA), JFK, and 

Newark Liberty International Airport 

(EWR). The FAA anticipates publishing 

a notice of proposed rulemaking for the 

Congestion Management Rule for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport (RIN 2120– 

AJ89) during the summer of 2011. To 

prevent this Order from expiring prior 


Emcdonald on DSK2BSOYB1PROD with NOTICES