Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 19517 

1 75 FR 9017 (Feb. 26, 2010). 

2 14 CFR 93.227 (DCA); 74 FR 51648 (Oct. 7, 

2009) (EWR); 74 FR 51650 (Oct. 7, 2009) (JFK); 74 

FR 51653 (Oct. 7, 2009) (LGA). 

Remove the Web site http:// 

parkplanning.nps.gov/

documentsAndLinks.cfm?projectID=

29122 and in it’s place add http:// 

parkplanning.nps.gov/

projectHome.cfm?projectID=36002. 

Issued in Hawthorne, California on March 

31, 2011. 

Larry Tonish, 

Program Manager, Air Tour Management 

Program. 

[FR Doc. 2011–8282 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2011–0248] 

Orders Limiting Scheduled Operations 

at John F. Kennedy International 

Airport, LaGuardia Airport, and Newark 

Liberty International Airport; High 

Density Rule at Reagan National 

Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of FAA Decision on 

Request for Waiver of the Slot Usage 

Requirement. 

SUMMARY: This action denies a request 

by the Air Transport Association of 

America (ATA) for a waiver of the 

requirements to use slots at 

Washington’s Reagan National Airport 

(DCA) and Operating Authorizations 

(slots) at John F. Kennedy International 

Airport (JFK), LaGuardia Airport (LGA), 

and Newark Liberty International 

Airport (EWR). 

DATES: Effective upon publication. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hawks, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–7143; e-mail: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

By letter posted in Docket Number 

FAA–2011–0248 on March 15, 2011, 

ATA requested the FAA grant a limited 

waiver of the minimum slot usage 

requirements for DCA, JFK, EWR, and 

LGA for January 7 through 18, 2011, and 

January 26 through February 4, 2011, 

due to intense snowfalls in the 

northeastern and mid-Atlantic United 

States that seriously disrupted air 

carrier operations at those airports. In 

support of its request, ATA referenced 

a waiver granted by the FAA in 

February 2010 due to multiple 

snowstorms that severely disrupted 

aviation and other modes of 

transportation.1

ATA also stated the National Oceanic 

and Atmospheric Administration 

reported New York City and Newark, 

New Jersey, experienced the snowiest 

month of January on record. New York 

City recorded 36 inches of snow that 

month, surpassing the previous record 

of 27.4 inches; Newark recorded 37.4 

inches, surpassing its previous January 

record of 31.6 inches. ATA highlights 

three major snowstorms in the regions 

occurring from January 9 through 13; 

from January 25 through 27, which also 

affected the D.C. metro area; and from 

February 1 through 3. 

ATA asserts the effects of the weather 

events at DCA, JFK, EWR, and LGA 

were dramatic and lingering, disrupting 

operations during January and into early 

February. Twelve U.S. air carriers 

reported cancellations totaling 10,944 

flights at the airports in the January 7 

through 12, January 18, January 26 

through 27, and February 1 through 4 

periods. ATA also states that major 

snowstorms in the Midwest and New 

England further disrupted operations at 

DCA, JFK, EWR, and LGA because of 

network-wide weather disruptions and 

corresponding recovery programs. 

By e-mail dated March 15, 2011, 

AirTran Airways stated its support for 

the ATA request for waiver. 

FAA Analysis 

Under the FAA’s High Density Rule 

and Orders limiting scheduled 

operations at LGA, JFK, and EWR, slots 

must be used at least 80 percent of the 

time. These rules are expected to 

accommodate routine weather and other 

cancellations under all but the most 

unusual circumstances. Slots not 

meeting the minimum usage rules will 

be withdrawn or not receive historic 

precedence for the following scheduling 

season, depending on the airport.2 The 

FAA may grant a waiver from the 

minimum usage requirements in highly 

unusual and unpredictable conditions 

that are beyond the control of the carrier 

and affect carrier operations for a period 

of five or more consecutive days. 

However, the FAA does not routinely 

grant general waivers to the usage 

requirements except under the most 

unusual circumstances. 

The FAA is sympathetic to the 

disruptions created by winter weather. 

In February 2010, the FAA granted a 

general waiver because unusual 

snowstorms closed slot-controlled 

airports for multiple days and also 

caused mass cancellations resulting 

from reduced airport capacity. FAA air 

traffic records for the 2011 snowstorms 

do not demonstrate the same magnitude 

of either airport closures or 

cancellations over an extended period. 

Although there were multiple 

snowstorms, operations do not appear to 

have been impacted for any period 

lasting five or more consecutive days as 

required by the rules, and there were at 

least several days of recovery between 

the snowstorms. Accordingly, the FAA 

has determined ATA’s request is too 

broad and may afford a benefit to some 

carriers that did not experience actual 

hardships. 

Moreover, in recent years, the FAA 

has noticed a pattern that indicates 

some carriers may be meeting the usage 

requirements without planning a 

scheduled flight for each allocated slot. 

By underutilizing allocated slots, and 

using a portion of the 20 percent 

allowable non-use of slots to cover 

planned cancellations or 

underscheduling, carriers have a 

reduced ability to meet the usage 

requirements when weather events force 

additional cancellations. The FAA 

intends allocated slots be used for actual 

operations because slots are scarce 

resources at each of these airports. 

Although existing rules do not require 

each slot to directly correspond to a 

scheduled flight, the FAA is not 

required to use its waiver authority to 

endorse underutilization of allocated 

slots. 

Although the FAA has determined 

that a general waiver of the usage 

requirements is inappropriate, it 

acknowledges that nationwide weather 

during this period may have created a 

unique hardship for some carriers. To 

assess that hardship and determine 

whether relief is warranted, the FAA 

requests that affected carriers submit an 

individual request for limited waiver. 

The FAA will consider the periods of 

January 7 through February 4, 2011, but 

will make a waiver determination on an 

individual-day basis. A waiver request 

should indicate the individual days of 

significant cancellations, a detail of the 

allocated slots on those days, a detail of 

the scheduled flights for those days, and 

a detail of the flights cancelled due to 

weather on those days. A carrier should 

also identify the specific slot or slots for 

which it is requesting a waiver and the 

utilization of the slot(s) for the reporting 

period. The FAA acknowledges weather 

in carriers’ non-slot-controlled hub 

airports may have forced additional 

cancellations because there were several 

unusual storms throughout the nation 

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19518 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 

during this period. In making a waiver 

determination, the FAA will consider a 

significant number of cancellations 

during those periods because of weather 

at a destination airport. 

FAA Decision 

In consideration of the foregoing, 

ATA’s request for a grant of waiver is 

DENIED. Carriers who were uniquely 

affected by winter weather during 

January and February 2011 may request 

a limited grant of waiver. However, any 

request must detail the hardship caused 

by the snowstorms and demonstrate that 

hardship was not caused or exacerbated 

by underutilization of allocated slots. 

The FAA will carefully consider these 

individual requests for waiver. 

Issued in Washington, DC on March 28, 

2011. 

J. David Grizzle, 

Chief Counsel. 

[FR Doc. 2011–8281 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent to Rule on Request To 

Release Airport Property at the 

Northeast Philadelphia Airport (PNE), 

Philadelphia, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of request to release 

airport property. 

SUMMARY: The FAA proposes to rule and 

invite public comment on the release of 

land at the Northeast Philadelphia 

Airport, Philadelphia, Pennsylvania 

under the provisions of Section 47125(a) 

of Title 49 United States Code (U.S.C.). 

DATES: Comments must be received on 

or before May 9, 2011. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the following address: Joseph F. 

Messina, Divisional Deputy City 

Solicitor, City of Philadelphia Law 

Department, Transportation Division, 

One Parkway, 1515 Arch Street, 

Philadelphia, PA 19102–1595 and at the 

FAA Harrisburg Airports District Office: 

Lori K. Pagnanelli, Manager, Harrisburg 

Airports District Office, 3905 Hartzdale 

Dr., Suite 508, Camp Hill, PA 17011. 

FOR FURTHER INFORMATION CONTACT: Lori 

Ledebohm, Community Planner, 

Harrisburg Airports District Office 

location listed above. 

The request to release property may 

be reviewed in person at this same 

location. 

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the request 

to release property at the Northeast 

Philadelphia Airport under the 

provisions of Section 47125(a) of Title 

49 U.S.C. On March 28, 2011, the FAA 

determined that the request to release 

property at the Northeast Philadelphia 

Airport submitted by the City of 

Philadelphia (City) met the procedural 

requirements. 

The following is a brief overview of 

the request: 

The City requests the release of real 

property, totaling 3.5 acres, of 

aeronautical airport property, to Biagio 

DeSimone. The land was originally 

purchased with City funds in 1945. The 

purpose of the release is to sell the land 

that was airport property to Biagio 

DeSimone, the current tenant. The 

property is located at 11295 E. Roosevelt 

Boulevard. The Parcel is currently 

leased to a tenant operating as a 

dealership and is improved with a 6,225 

square foot building being used by the 

tenant in the operation of its automobile 

dealership and a gravel parking lot for 

customers of the dealership. The Parcel 

is not contiguous to the area being 

operated as the Northeast Philadelphia 

Airport. The subject land does not serve 

an aeronautical purpose and is not 

needed for airport development, as 

shown on the Airport Layout Plan. All 

proceeds from the sale of property are 

to be used for the capital development 

of the airport. Fair Market Value (FMV) 

will be obtained from the land sale and 

reinvested back in the airport. 

Any person may inspect the request 

by appointment at the FAA office 

address listed above. Interested persons 

are invited to comment on the proposed 

release from obligations. All comments 

will be considered by the FAA to the 

extent practicable. 

Issued in Camp Hill, Pennsylvania, April 1, 

2011. 

Lori K. Pagnanelli, 

Manager, Harrisburg Airports District Office. 

[FR Doc. 2011–8268 Filed 4–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2011–01 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory; 

equipment fouling adjacent tracks. 

SUMMARY: FRA is issuing Safety 

Advisory 2011–01 to remind each 

railroad and railroad employees of the 

importance of compliance with Federal 

regulations and railroad operating rules 

regarding rolling equipment being left in 

a location that is clear of any adjacent 

tracks. This safety advisory contains 

various recommendations to railroads to 

ensure that this issue is addressed by 

appropriate policies and procedures, 

and receives employee compliance. 

FOR FURTHER INFORMATION CONTACT: Ron 

Hynes, Director, Office of Safety 

Assurance and Compliance, Office of 

Railroad Safety, FRA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

telephone (202) 493–6404; or Joseph St. 

Peter, Trial Attorney, Office of Chief 

Counsel, FRA, 1200 New Jersey Avenue, 

SE., Washington, DC 20590, telephone 

(202) 493–6047. 

SUPPLEMENTARY INFORMATION: The 

overall safety of railroad operations in 

the area of equipment securement and 

protection has improved in recent years. 

However, two recent fatal incidents 

highlight the need to review and adhere 

to existing Federal regulations and 

railroad operating rules pertaining to 

rolling equipment being left in a 

location that is clear of any adjacent 

tracks. 

On May 18, 2005, the Railroad Safety 

Advisory Committee (RSAC) authorized 

the RSAC Operating Rules Working 

Group to address eight human factors 

(HF) train accident report cause codes 

that were attributed to nearly half (47 

percent) of all HF-caused train accidents 

nationwide. On February 13, 2008, FRA 

published a final rule addressing those 

HF causes, which was codified at Title 

49 Code of Federal Regulations (CFR) 

Part 218, Subpart F (Subpart F). Two of 

those eight HF cause codes, H301 and 

H302, were designated for rolling 

equipment left out to foul. From 2005 to 

2010, HF-caused train accidents, 

attributed to these two cause codes, 

were reduced by 66 percent. 

Unfortunately, despite that overall 

improvement, the rail industry 

experienced two recent railroad 

employee fatalities that appear to have 

been related to equipment being left in 

a location where it fouled an adjacent 

track. 

Recent Incidents 

The following is a discussion of the 

circumstances surrounding two recent 

fatal incidents, and is based only on 

FRA’s preliminary investigations. The 

incidents are still under investigation by 

FRA. The causes and contributing 

factors, if any, have not yet been 

established. Therefore, nothing in this 

safety advisory is intended to attribute 

a cause to the incidents or place 

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