51648 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

1Order Limiting Scheduled Operations at Newark 

Liberty International Airport, 73 FR 29,550 (May 21, 

2008). 2 74 FR 27,060. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Mr. Michael 

D. Esher, Airports/Ferry Administrator, 

Department of Public Works and 

Utilities, 9850 64th Street West, 

University Place, WA 98467. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roman Pin ̃ on, Project Manager, Federal 

Aviation Administration, Northwest 

Mountain Region, Airports Division, 

Seattle Airports District Office, 1601 

Lind Ave SW., Suite 250, Renton, WA 

98057. 

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 Tacoma 

Narrows Airport under the provisions of 

the AIR 21. 

On July 6, 2009, the FAA determined 

that the request to release property at 

the Tacoma Narrows Airport submitted 

by Peninsula Metropolitan Park District 

(PenMet Parks) met the procedural 

requirements of the Federal Aviation 

Regulations, part 155. The FAA may 

approve the request, in whole or in part, 

no later than November 13, 2009. 

The following is a brief overview of 

the request: The Tacoma Narrows 

Airport requests the release of 79.00 

acres of non-aeronautical airport 

property to PenMet Parks, Gig Harbor/ 

Pierce County, Washington. The 

purpose of this release is to allow 

PenMet Parks to own, manage and 

operate the Madrona Golf Course for the 

benefit of the public. The property will 

remain subject to the restrictions 

associated with the aviation reserve 

designation and will therefore; have no 

consequence to the airport. 

Any person may inspect the request 

by appointment at the FAA office listed 

above under FOR FURTHER INFORMATION

CONTACT. 

In addition, any person may, inspect 

the application, notice and other 

documents germane to the application 

in person at the Tacoma Narrows 

Airport, 1202 26th Ave NW., Gig 

Harbor, WA 98335. 

Issued in Renton, Washington on 

September 28, 2009. 

Karen Miles, 

Acting Manager, Seattle Airports District 

Office. 

[FR Doc. E9–24225 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Sunshine Act Meetings; Unified Carrier 

Registration Plan Board of Directors 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

TIME AND DATE: November 12, 2009, 12 

noon to 3 p.m., Eastern Daylight Time. 

PLACE: This meeting will take place 

telephonically. Any interested person 

may call Mr. Avelino Gutierrez at (505) 

827–4565 to receive the toll free number 

and pass code needed to participate in 

these meetings by telephone. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: The 

Unified Carrier Registration Plan Board 

of Directors (the Board) will continue its 

work in developing and implementing 

the Unified Carrier Registration Plan 

and Agreement and to that end, may 

consider matters properly before the 

Board. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Avelino Gutierrez, Chair, Unified 

Carrier Registration Board of Directors at 

(505) 827–4565. 

Issued on: October 1, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–24303 Filed 10–5–09; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration (FAA) 

[Docket No. FAA–2008–0221] 

Operating Limitations at Newark 

Liberty International Airport 

ACTION: Notice of order extending and 

modifying the limitations on scheduled 

operations at Newark Liberty 

International Airport. 

SUMMARY: The FAA is amending the 

May 15, 2008, order limiting the number 

of scheduled aircraft operations at 

Newark Liberty International Airport 

(EWR) during peak operating hours 

(May 2008 order).1 The amendment 

extends the May 2008 order by 

approximately two years, through 

October 29, 2011. In addition, because 

the amendment extends the May 2008 

order’s duration, the amendment 

clarifies that the FAA will not allocate 

new or returned capacity under the 

order via the auction procedure that the 

order originally described. 

If you wish to review the background 

documents or comments received in this 

proceeding, you may go to http:// 

www.regulations.gov at any time and 

follow the online instructions for 

accessing the electronic docket. You 

may also go to the U.S. Department of 

Transportation’s Docket Operations in 

Room W12–140 on the ground floor of 

the West Building at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

DATES: These amendments to the May 

2008 order are effective immediately 

upon publication in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

James W. Tegtmeier, Associate Chief 

Counsel for the Air Traffic Organization; 

telephone—(202) 267–8323; e-mail— 

james.tegtmeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 5, 2009, the FAA published 

a notice that invited comments on its 

proposal to extend the May 2008 order 

limiting scheduled operations at EWR.2

At the time, the May 2008 order was 

scheduled to expire on October 24, 

2009. For the reasons described in the 

notice, it was unrealistic to expect a 

long-term rule to take effect and control 

the significant congestion-related delays 

that the FAA anticipated would occur at 

EWR if the May 2008 order were to 

expire as originally scheduled. Given 

the uncertainty over when a final rule 

would take effect and the impending 

expiration of the May 2008 order, the 

FAA proposed to extend the May 2008 

order for approximately one year. 

The FAA expected the one-year 

extension of the May 2008 order to serve 

as at least a partial bridge to the 

implementation of a long-term measure 

to control congestion and related delays 

at EWR. The FAA received written 

submissions on the proposal from seven 

commenters. The commenters include 

four scheduled carriers, two industry 

organizations, and the airport operator. 

II. Summary and Analysis of the 

Comments 

A. Amended Duration 

Five of the seven commenters express 

support for an extension of the May 

2008 order to prevent a return of the 

congestion-related delays that 

passengers previously experienced at 

EWR. Although the FAA proposed an 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51649 

3 73 FR at 29,554 (ordering paragraphs seven and 

eight). 

4 74 FR at 27,061 (‘‘any submission to the current 

docket should be limited to the proposed extension 

of the May 2008 order’’). 

5 73 FR at 29,551, 29,553–54. 

6Omnibus Appropriations Act, 2009, Pub. L. 

111–8, section 5, div. I, tit. I, section 115, 123 Stat. 

524, 921–22. 

extension of about one year, two of the 

commenters state that an extension of 

longer than one year is appropriate. 

These commenters assert that one year 

is not sufficient time to finalize and to 

implement a new rule to manage 

congestion at the airport. 

The FAA proposed a one-year 

extension of the May 2008 order 

because the FAA never intended the 

order to serve as a long-term solution to 

congestion at EWR. From this 

perspective, using the minimum 

number of short-term extensions would 

offer the benefit of regular and public 

status reports on where the FAA stands 

in establishing a longer-term solution to 

overscheduling at EWR. As the 

commenters note, however, such shortterm extensions may not best facilitate 

the long-term planning of some carriers 

that conduct, or hope to conduct, 

service at the airport. Accordingly, 

while the FAA does not agree that an 

indefinite extension is appropriate, the 

FAA will increase the duration of the 

present extension to about two years to 

accommodate carriers’ longer term 

planning. The May 2008 order will now 

expire on October 29, 2011. The 

reporting deadlines for carriers to return 

Operating Authorizations for all or part 

of a scheduling season in paragraph 

9.b.i. are also amended to reflect the 

longer duration of the order. 

B. Buy and Sell Authority 

In light of the increased duration of 

the May 2008 order, four commenters 

question the ban on the purchase, sale, 

or long-term lease of the Operating 

Authorizations held by virtue of the 

original order. The commenters reason 

that the FAA included the ban as a 

result of the May 2008 order’s short 

duration. The commenters perceive that 

extending the order increases the 

importance of a market mechanism that 

permits the sale and purchase of 

operating authority, which would 

facilitate competition and new entry, as 

well as leases for such authority that 

extend beyond the order’s expiration 

date. 

The FAA included in the May 2008 

order the ability of carriers to trade or 

to lease Operating Authorizations to 

other carriers; however, the duration of 

the trade or lease could not exceed the 

duration of the order.3 The commenters 

claim that relying on short-term trades 

and leases alone may become limiting as 

the May 2008 order remains effective 

over a significantly longer term. The 

proposed extension of the May 2008 

order, however, specifically limited the 

comments to the proposed extension.4

The FAA intends to address long-term 

transfers of Operating Authorizations at 

some point in the future. 

C. New Entrant and Limited Incumbent 

Opportunities 

One carrier, Virgin America, Inc., 

observes that the May 2008 order 

originally provided limited 

opportunities for new entrant and 

limited incumbent carriers to initiate or 

to augment their scheduled operations 

at EWR. Virgin America offers that any 

extension of the order should include 

enhancements that could increase 

service at the airport from new entrant 

and limited incumbent carriers. 

Virgin America is correct in noting 

that the extension of the May 2008 order 

merits a revisitation of the opportunities 

that are available at EWR for new 

entrant and limited incumbent carriers.5

There are currently several avenues for 

carriers to conduct scheduled service, to 

acquire Operating Authorizations, or to 

adjust the timing of their Operating 

Authorizations at EWR. First, the May 

2008 order is effective daily from 6 a.m. 

until 10:59 p.m., local time, and carriers 

can schedule additional operations 

during the hours that the May 2008 

order is not in effect. Second, subject to 

FAA written approval, a carrier can 

request a new Operating Authorization 

or a shift of an existing Operating 

Authorization in any half hour that the 

order is in effect. Third, all carriers have 

the opportunity to lease or trade 

Operating Authorizations for any period 

not exceeding the duration of the May 

2008 order. Fourth, in the event that 

there is new capacity at EWR while the 

May 2008 order remains in effect, the 

order provides a mechanism under 

which carriers can bid on a leasehold 

interest in the new operations. 

After the May 2008 order took effect, 

Congress enacted the Omnibus 

Appropriations Act of 2009. In part, this 

statute precluded the use of 

appropriated funds to take any action 

involving the scheduling of airline 

operations if the action also involves the 

auctioning of permission to conduct 

airline operations at an airport.6

Because this language could be 

construed to preclude the FAA from 

eliciting bids from carriers to acquire a 

leasehold interest in newly available 

capacity, which is listed as the fourth 

alternative in the preceding paragraph, 

the FAA is withdrawing that provision, 

effective immediately. 

Accordingly, the ordering paragraphs 

of the May 2008 order are hereby 

amended as follows: 

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 

expires at 11:59 p.m., Eastern Time, on 

October 29, 2011. 

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 


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51650 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

1Order Limiting Scheduled Operations at John F. 

Kennedy International Airport, 73 FR 3,510 (Jan. 18, 

2008); 73 FR 8,737 (Feb. 14, 2008)(amendment to 

order). 

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 

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 October 1, 

2009. 

J. Randolph Babbitt, 

Administrator, Federal Aviation 

Administration. 

[FR Doc. E9–24118 Filed 10–2–09; 11:15 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 

ACTION: Notice of order extending and 

modifying the limitations on scheduled 

operations at John F. Kennedy 

International Airport. 

SUMMARY: The FAA is amending the 

January 15, 2008, order limiting the 

number of scheduled aircraft operations 

at John F. Kennedy International Airport 

(JFK) during peak operating hours, as 

amended (January 2008 order).1 The 

amendment extends the January 2008 

order by approximately two years, 

through October 29, 2011. In addition, 

because the amendment extends the 

January 2008 order’s duration, the 

amendment clarifies that the FAA will 

not allocate new or returned capacity 

under the order via the auction 


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