44214 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices 

1See 49 CFR part 93, subpart K. 

2Aviation Investment and Reform Act for the 21st 

Century (AIR–21), Pub. L. 106–181 (April 5, 2000), 

49 U.S.C. 41715(a)(2). 

Dated: July 30, 2007. 

Mark W. Skolnicki, 

Executive Secretary, Shipping Coordinating 

Committee, Department of State. 

[FR Doc. E7–15333 Filed 8–6–07; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2006–25755] 

Operating Limitations at New York 

LaGuardia Airport; Proposed 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed amendments and 

request for comments. 

SUMMARY: The Federal Aviation 

Administration (FAA) has tentatively 

determined that it will be necessary to 

amend the December 12, 2006, order 

that places temporary limitations on 

flight operations at New York’s 

LaGuardia Airport (LaGuardia). 

FOR FURTHER INFORMATION CONTACT: 

Komal Jain, Regulations Division, Office 

of the Chief Counsel; Telephone: (202) 

267–3073; E-mail: komal.jain@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Proposed Amendments to Order 

The Federal Aviation Administration 

(FAA) proposes to modify its December 

12, 2006, order (the Order) that 

temporarily limits flight operations at 

New York’s LaGuardia Airport 

(LaGuardia), pending its promulgation 

of a long-term regulation to manage 

congestion at the airport. We propose to 

(1) provide an approval process for 

Operating Authorization (OA) transfers 

for day-of carrier substitutions; (2) 

amend provisions affecting the 80 

percent minimum-use requirement by 

adding a waiver for holiday periods and 

providing the Administrator greater 

discretion to suspend the requirement 

under certain conditions; and (3) 

provide a mechanism for withdrawal of 

OAs for FAA operational reasons. These 

proposed amendments would not affect 

unscheduled operations. 

The FAA invites air carriers and other 

interested persons to submit written 

comments on this proposal by no later 

than September 6, 2007 in Docket FAA–

2006–25755. We will give full 

consideration to comments received 

before we issue a final modification to 

the Order. You may send comments 

using any of the following methods: 

DOT Docket Web Site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, Room W12–140, 1200 New Jersey 

Ave., SE., Washington, DC 20590. 

Fax: (202) 493–2251. 

Hand Delivery: West Building, 

Ground Floor, Room W12–140, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590 between 9 a.m. and 5 p.m., 

Monday through Friday, except for 

Federal holidays. 

I. Background 

Due to LaGuardia’s limited runway 

capacity, the airport cannot 

accommodate the number of flights that 

airlines would like to operate without 

causing significant congestion. The FAA 

has long limited the number of arrivals 

and departures at LaGuardia during 

peak demand periods through the 

promulgation and implementation of 

the High Density Rule (HDR).1 By 

statute enacted in April 2000, the HDR’s 

applicability to LaGuardia operations 

terminated as of January 1, 2007.2 On 

August 29, 2006, the FAA published a 

notice of proposed rulemaking (NPRM) 

in anticipation of the HDR’s expiration 

(71 FR 51360). In the NPRM, the agency 

proposed another congestion 

management program for LaGuardia, 

which, among other things, proposed to 

continue to limit the number of 

scheduled and unscheduled operations 

at LaGuardia. Because the rulemaking 

was not completed before January 1, 

2007, the FAA, after notice and 

comment, adopted interim operational 

limitations on LaGuardia flights through 

the Order (71 FR 77854; Dec. 27, 2006). 

Without the limits contained in the 

Order, the FAA projected that severe 

congestion-related delays would occur 

as a result of excessive demand at 

LaGuardia, leading to delays both at 

LaGuardia and at other airports 

throughout the National Airspace 

System (NAS). 

When the FAA issued the Order, we 

(1) maintained hourly limits at 75 

scheduled and six unscheduled 

operations at LaGuardia from 6 a.m. 

through 9:59 p.m., Eastern time, 

Monday through Friday, and from noon 

through 9:59 p.m., Eastern time on 

Sundays; (2) imposed an 80 percent 

minimum usage requirement for OAs; 

(3) provided for a lottery to reallocate 

withdrawn, surrendered or unallocated 

OAs; and (4) allowed for trades and 

leases of OAs for consideration for the 

duration of the Order. 

II. Proposed Amendments 

The Order, which took effect on 

January 1, 2007, is a temporary measure 

while the FAA completes its final rule 

(Rule) to manage congestion at 

LaGuardia. The agency is in the process 

of reviewing comments received on the 

NPRM, but the review is not complete. 

Until the Rule becomes effective, we 

propose several amendments to the 

Order to improve the administration of 

the congestion management program at 

LaGuardia. 

The FAA’s authority to limit the 

number of flight operations at 

LaGuardia is an essential component of 

the FAA’s statutory responsibilities. The 

FAA holds broad authority under 49 

U.S.C. 40103(b) to regulate the use of 

the navigable airspace of the United 

States. This provision authorizes the 

FAA to develop plans and policy for the 

use of navigable airspace and, by order 

or rule, to regulate the use of the 

airspace as necessary to ensure its 

efficient use. 

Secondary Market: Approval Process 

Some air carriers with affiliated or 

regional carrier flights expressed 

concerns about the burden associated 

with obtaining prior approval from the 

FAA for OA transfers when making dayof carrier substitutions. Due to the 

around-the-clock nature of an airline’s 

operations, and the real-time nature of 

operational logistics, it is not unusual 

for an air carrier to make day-of flight 

service substitutions from one carrier to 

another. The FAA recognizes that 

advance approval of an OA transfer is 

not always possible, in part because the 

FAA Slot Administration Office is not 

open 24 hours a day. Therefore, we 

propose to amend the Order to permit 

a transfer request to be submitted for 

FAA approval up to 72-hours after the 

actual operation. In order to support the 

request for the post-transfer approval, 

the FAA would require flight 

information, including flight number, 

origin, destination and scheduled time 

of operation. 

The FAA is not prepared to eliminate 

entirely the requirement that we receive 

advance notice of OA transfers. The 

initial scheduling decisions are 

normally made with sufficient time to 

obtain the requisite approval, even in 

the case of common ownership and 

affiliated carriers. The FAA proposes to 

limit post-transaction approvals to 

unplanned, day-of operational schedule 

changes between commonly owned or 

affiliated carriers under the same 

marketing control, and we are seeking 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices 44215 

3See Docket FAA–2006–25755. 

comment on whether the transfer 

provisions should be revised to 

recognize these operational issues and 

whether the procedure outlined meets 

carrier needs. 

Minimum Usage Requirements and 

Waivers 

Holiday Waiver 

On January 9, 2007, the Air Transport 

Association (ATA) submitted a petition 

for an amendment to the Order related 

to the minimum usage requirement.3

ATA noted that the Order contains no 

provision to address the ‘‘predictable 

drop-off in operations on and 

immediately after certain holidays.’’ By 

contrast, ATA noted that the HDR and 

the governing rules for O’Hare state ‘‘the 

FAA will treat as used any slot held by 

a carrier at a High Density Traffic 

Airport on Thanksgiving Day, the Friday 

following Thanksgiving Day, and the 

period from December 24 through the 

first Saturday in January.’’

ATA is correct in its conclusion that 

the FAA inadvertently omitted a 

holiday waiver provision under the 

Order. The FAA proposes to correct that 

omission and include a holiday waiver 

under this proposed amendment. 

Start-up Waiver 

The FAA recognizes that carriers 

obtaining an OA in a lottery would 

require time prior to its use to market 

the flights and arrange for aircraft, crew, 

gate, and terminal availability. Most 

carriers have indicated in past 

proceedings for LaGuardia that 120 days 

provides sufficient planning time. 

Therefore, the FAA proposes to adopt a 

waiver of the minimum usage 

requirements for 120 days after an OA 

is allocated in a lottery. A similar startup waiver is not warranted when an OA 

is leased or transferred because carriers 

should consider the usage requirements 

in their discussions. 

Administrator’s Waiver Authority 

Under the Order, the FAA 

Administrator can ‘‘waive the 80 

percent usage requirement in the event 

of a highly unusual and unpredictable 

condition which is beyond the control 

of the carrier and which exists for a 

period of 5 consecutive days or more.’’

We propose the Administrator be given 

greater discretion to issue a waiver if the 

impact of a particular event is five 

consecutive days versus the duration of 

the event existing for more than five 

days. This recognizes that carrier 

operations may require several days to 

return to normal after significant 

disruptions to service; for example, 

aircraft and crew may need to be 

repositioned. We believe this proposed 

amendment allows carriers and the 

FAA, in its administration of the 

congestion management program at 

LaGuardia, greater latitude and 

flexibility to deal with unpredictable 

conditions; while still maintaining the 

integrity and purpose of the usage 

requirement. 

Reversion and Withdrawal of Operating 

Authorizations 

As the FAA has indicated in various 

proceedings related to capacityconstrained airports, operating authority 

is subject to absolute FAA control. The 

FAA may reduce flight operations at an 

airport in order to meet operational 

needs or to recognize reductions in 

available airport capacity. The Order 

currently does not provide a process for 

the FAA to reduce the number of OAs 

should that become necessary. The FAA 

proposes to use a weighted lottery 

system if we determine that OAs need 

to be withdrawn or temporarily 

suspended. 

Under this weighted lottery proposal, 

all air carriers holding OAs at the 

airport would be included. The FAA 

will use weights when establishing the 

air carrier rank order for OA selections. 

For example, if an air carrier has a 

weight equal to seven, the carrier’s 

name will be placed seven times in a 

random draw. Once we have completed 

this process for all lottery participants, 

a representative of the FAA will begin 

drawing names. Although there is a 

possibility that any air carrier 

participating in the lottery could be 

chosen first in the rank order, carriers 

with greater operations at LaGuardia 

would have higher odds of being 

selected. Using a random drawing to 

establish a carrier rank order, carriers 

would relinquish two OAs in each 

sequence until the FAA’s reduced level 

of operations by half-hour or hour, as 

appropriate, has been achieved. 

Withdrawal would not be made from 

any carrier if the result would reduce its 

holdings below 20 OAs on any 

weekday. For these purposes, the FAA 

would consider commonly owned and 

affiliated carriers to be single air 

carriers. The FAA would provide at 

least 45 days’ notice unless otherwise 

required by operational needs. Any OA 

that is withdrawn or temporarily 

suspended would, if reallocated, be 

reallocated to the carrier from which it 

was taken, provided that the carrier 

continues to operate scheduled service 

at LaGuardia. 

III. Proposed Amendment to the Order 

A. Scheduled Operations 

With respect to scheduled operations 

at LaGuardia, the FAA proposes the 

following amendments to ordering 

paragraphs: 

5. An air carrier can 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 

would 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. However, the FAA would 

approve transfers between carriers 

under the same marketing control up to 

72-hours after the actual operation. This 

post-transfer approval would be limited 

to accommodate operational disruptions 

that occur on the same day of the 

scheduled operation. 

6. Each air carrier holding an 

Operating Authorization would 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 would be withdrawn by the FAA 

except: 

The FAA would treat as used any 

Operating Authorization held by an air 

carrier on Thanksgiving Day, the Friday 

following Thanksgiving Day, and the 

period from December 24 through the 

first Saturday in January. 

The FAA would 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. 

The Administrator of the FAA could 

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. 

[The following paragraph would be 

inserted as ordering paragraph 8, and 

existing paragraph 8 would be 

renumbered as ordering paragraph 9]. 

8. If the FAA determines that a 

reduction in the number of allocated 

Operating Authorizations is required to 


jlentini on PROD1PC65 with NOTICES
44216 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices 

meet operational needs, such as reduced 

airport capacity, the FAA would 

conduct a weighted lottery to withdraw 

Operating Authorizations to meet a 

reduced hourly or half-hourly limit for 

scheduled operations. Withdrawal 

would not be made from any air carrier 

if the result would reduce their holdings 

below 20 Operating Authorizations on 

any weekday. The FAA would provide 

at least 45 days’ notice unless otherwise 

required by operational needs. Any 

Operating Authorization that is 

withdrawn or temporarily suspended 

would, 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. 

IV. Request for Comments 

The FAA invites all interested 

persons to submit written comments on 

the proposals described in this Order by 

filing their written views in Docket 

FAA–2006–25755 on or before 

September 6, 2007. 

Issued in Washington, DC on August 2, 

2007. 

Kerry B. Long, 

Chief Counsel. 

[FR Doc. 07–3855 Filed 8–2–07; 4:30 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Notice; Receipt of 

Noise Compatibility Program and 

Request for Review; Baton Rouge 

Metropolitan Airport; Baton Rouge, LA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the noise exposure 

maps submitted by the Greater Baton 

Rouge Airport District for Baton Rouge 

Metropolitan Airport under the 

provisions of 49 U.S.C. 47501 et seq. 

(Aviation Safety and Noise Abatement 

Act) and 14 CFR Part 150 are in 

compliance with applicable 

requirements. The FAA also announces 

that it is reviewing a proposed noise 

compatibility program that was 

submitted for Baton Rouge Metropolitan 

Airport under Part 150 in conjunction 

with the noise exposure map, and that 

this program will be approved or 

disapproved on or before January 25, 

2008. 

EFFECTIVE DATE: The effective date of the 

FAA’s determination on the noise 

exposure maps and of the start of its 

review of the associated noise 

compatibility program is July 30, 2007. 

The public comment period ends 

September 27, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lance Key, Federal Aviation 

Administration. ASW–615, 2601 

Meacham Blvd, Fort Worth, TX 76137–

4298; telephone number 817–222–5681. 

Comments on the proposed noise 

compatibility program should also be 

submitted to the above office. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the noise exposure maps submitted 

for Baton Rouge Metropolitan Airport 

are in compliance with applicable 

requirements of Part 150, effective July 

30, 2007. Further, FAA is reviewing a 

proposed noise compatibility program 

for that airport which will be approved 

or disapproved on or before January 25, 

2008. This notice also announces the 

availability of this program for public 

review and comment. 

Under 49 U.S.C. 47503 (the Aviation 

Safety and Noise Abatement Act, 

hereinafter referred to as ‘‘the Act’’), an 

airport operator may submit to the FAA 

noise exposure maps which meet 

applicable regulations and which depict 

non-compatible land uses as of the date 

of submission of such maps, a 

description of projected aircraft 

operations, and the ways in which such 

operations will affect such maps. The 

Act requires such maps to be developed 

in consultation with interested and 

affected parties in the local community, 

government agencies, and persons using 

the airport. 

An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with 

the requirements of Federal Aviation 

Regulations (FAR) Part 150, 

promulgated pursuant to the Act, may 

submit a noise compatibility program 

for FAA approval which sets forth the 

measures the operator has taken or 

proposes to take to reduce existing noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

The Greater Baton Rouge Airport 

District submitted to the FAA on May 

14, 2007, noise exposure maps, 

descriptions and other documentation 

that were produced during the Baton 

Rouge Metropolitan Airport’s Part 150 

Study, May 2005–May 2007. It was 

requested that the FAA review this 

material as the noise exposure maps, as 

described in section 47503 of the Act, 

and that the noise mitigation measures, 

to be implemented jointly by the airport 

and surrounding communities, be 

approved as a noise compatibility 

program under section 47504 of the Act. 

The FAA has completed its review of 

the noise exposure maps and related 

descriptions submitted by the Greater 

Baton Rouge Airport District. The 

specific documentation determined to 

constitute the noise exposure maps 

includes the following from the May 

2007 14 CFR Part 150 Noise Study: 

Figure A, 2006 Noise Exposure Map 

(Existing); Figure B, 2011 Noise 

Exposure Map (Future); Figure 1–3, 

Existing and Planned Airport Facilities; 

Table 1–2, Actual and Forecast Aircraft 

Operations; Figure 1–4, Generalized 

Existing Land Use Map; Figure 1–5, 

Generalized Existing Zoning Map; Table 

2–2, Average Daily Aircraft Operations 

by Type, Time of Day, and Stage Length 

(2006); Table 2–3, Average Daily 

Aircraft Operations by Type, Time of 

Day, and Stage Length (2011); Table 2–

4, Runway Utilization by Aircraft Type; 

Figure 2–1, Generalized Flight Tracks; 

Table 2–5, Flight Track Utilization by 

Aircraft Category (2006 and 2011); Table 

2–6, Noise Exposure Impacts (1991, 

2006, 2011); Figure 3–1, Single Arrival/ 

Departure Noise Contours, Figure 3–2, 

Potential Noise Abatement Departure 

Turns, Appendix E, Coordination, 

Consultation and Public Involvement 

and Appendix F, Public Hearing. The 

FAA has determined that these maps for 

Baton Rouge Metropolitan Airport are in 

compliance with applicable 

requirements. This determination is 

effective on July 30, 2007. FAA’s 

determination on an airport operator’s 

noise exposure maps is limited to a 

finding that the maps were developed in 

accordance with the procedures 

contained in appendix A of FAR Part 

150. Such determination does not 

constitute approval of the applicant’s 

data, information or plans, or constitute 

a commitment to approve a noise 

compatibility program to fund the 

implementation of that program. 

If questions arise concerning the 

precise relationship of specific 

properties to noise exposure contours 

depicted on a noise exposure map 

submitted under section 47503 of the 

Act, it should be noted that the FAA is 

not involved in any way in determining 

the relative locations of specific 

properties with regard to the depicted 

noise contours, or in interpreting the 

noise exposure maps to resolve 

questions concerning, for example, 

which properties should be covered by 

the provisions of section 47506 of the 

Act. These functions are inseparable 

from the ultimate land use control and 

planning responsibilities of local 

government. These local responsibilities 

are not changed in any way under Part 


jlentini on PROD1PC65 with NOTICES