28278 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / 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 71 FR 51360 (August 29, 2006); Docket FAA– 

2006–25709. The FAA subsequently published a 

Supplemental Notice of Proposed Rulemaking. 73 

FR 20846 (Apr. 17, 2008). 4 71 FR 77854. 

5 72 FR 63224; 73 FR 48428. 

6 73 FR 60574, amended by 73 FR 66517 (Nov. 

10, 2008). 7 74 FR 52132 (Oct. 9, 2009). 

8 74 FR 51653. 

9 76 FR 18616, amended by 77 FR 30585 (May 23, 

2012). 

or on application by any carrier for good 

cause shown. 

Issued in Washington, DC on May 9, 2013. 

Marc L. Warren, 

Acting Chief Counsel. 

[FR Doc. 2013–11467 Filed 5–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2006–25755] 

Operating Limitations at New York 

LaGuardia Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Extension to Order. 

SUMMARY: This action amends the Order 

Limiting Operations at New York 

LaGuardia Airport (LGA) that published 

on December 27, 2006, and was 

amended on November 8, 2007, August 

19, 2008, October 7, 2009, April 4, 2011, 

and May 23, 2012. The Order remains 

effective until the final Rule on Slot 

Management and Transparency for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 24, 

2014. 

DATES: This amendment is effective on 

May 14, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

Order contact: Patricia Bynum, Surface 

Operations Office, Air Traffic 

Organization, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 385–7073; facsimile: 

(202) 385–7433; email: 

patricia.bynum@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) 267–7143; facsimile: 

(202) 267–7971; email: 

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 

Due to LGA’s limited runway 

capacity, the airport cannot 

accommodate the number of flights that 

airlines and others would like to operate 

without causing significant congestion. 

The FAA has long limited the number 

of arrivals and departures at LGA during 

peak demand periods through the 

implementation of the High Density 

Rule (HDR).1 By statute enacted in April 

2000, the HDR’s applicability to LGA 

operations terminated as of January 1, 

2007.2

In anticipation of the HDR’s 

expiration, the FAA proposed a longterm rule that would limit the number 

of scheduled and unscheduled 

operations at LGA.3 The FAA issued an 

Order on December 27, 2006, adopting 

temporary limits pending the 

completion of the rulemaking.4 This 

Order was amended on November 8, 

2007, and August 19, 2008.5 On October 

10, 2008, the FAA published the 

Congestion Management Rule for 

LaGuardia Airport, which would have 

become effective on December 9, 2008.6

That rule was stayed by the U.S. Court 

of Appeals for the District of Columbia 

Circuit and subsequently rescinded by 

the FAA.7 The FAA further extended 

the December 27, 2006, Order placing 

temporary limits on operations at LGA, 

as amended, on October 7, 2009,8 and 

on April 4, 2011.9

Under the Order, as amended, the 

FAA (1) Maintains the current hourly 

limits on scheduled (71) and 

unscheduled (three) operations at LGA 

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) 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 issuing the Order 

have not changed appreciably since it 

was implemented. Without the 

operational limitations imposed by this 

Order, the FAA expects severe 

congestion-related delays would occur 

at LGA and at other airports throughout 

the National Airspace System (NAS). 

The FAA is engaged in an effort to 

implement a long-term rule at LGA, 

John F. Kennedy International Airport 

(JFK), and Newark Liberty International 

Airport (EWR). The FAA is developing 

a notice of proposed rulemaking for Slot 

Management and Transparency for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport (RIN 2120– 

AJ89), which currently is under review. 

At this time, the FAA unable to predict 

the date on which that rule would 

become effective. Accordingly, the FAA 

has concluded it is necessary to extend 

the expiration date of this Order until 

the final Rule on Slot Management and 

Transparency for LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport becomes effective but not later 

than October 24, 2014. This expiration 

date coincides with the expiration dates 

for the Orders limiting scheduled 

operations at JFK and EWR, as also 

amended by notices in today’s Federal 

Register. No amendments other than the 

expiration date have been made to this 

Order. 

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 

In consideration of the foregoing, the 

Order, as amended, is recited below in 

its entirety: 

A. Scheduled Operations 

With respect to scheduled operations 

at LaGuardia: 

1. The final Order governs scheduled 

arrivals and departures at LaGuardia 

from 6 a.m. through 9:59 p.m., Eastern 

Time, Monday through Friday and from 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 28279 

10Unscheduled 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, charter, ferry, and 

positioning flights. Helicopter operations are 

excluded from the reservation requirement. 

Reservations for unscheduled flights operating 

under visual flight rules (VFR) are granted when the 

aircraft receives clearance from air traffic control to 

land or depart LaGuardia. Reservations for 

unscheduled VFR flights are not included in the 

limits for unscheduled operators. 

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 final Order takes effect on 

January 1, 2007, and will expire when 

the final Rule on Slot Management and 

Transparency for LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport becomes effective but not later 

than October 24, 2014. 

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/nonhub 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 final 

Order to any person or entity other than 

a certificated U.S. or foreign air carrier 

with appropriate economic authority 

under 14 CFR part 121, 129 or 135. The 

Chief Counsel of the FAA will be the 

final decision maker regarding the 

initial assignment of Operating 

Authorizations. 

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, facsimile 

(202) 267–7277 or email 7- 

AWASlotadmin@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 

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, 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. When the final Order 

expires, any Operating Authorizations 

reassigned under this paragraph, except 

those assigned to new entrants or 

limited incumbents, will revert to the 

FAA for reallocation according to the 

reallocation mechanism prescribed in 

the final rule that succeeds the final 

Order. 

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 FAA will enforce the final 

Order through an enforcement action 

seeking a civil penalty under 49 U.S.C. 

46301(a). An air carrier that is not a 

small business as defined in the Small 

Business Act, 15 U.S.C. 632, would be 

liable for a civil penalty of up to $25,000 

for every day that it violates the limits 

set forth in the final Order. An air 

carrier that is a small business as 

defined in the Small Business Act 

would be liable for a civil penalty of up 

to $10,000 for every day that it violates 

the limits set forth in the final 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 the 

final Order. 

B. Unscheduled Operations 10

With respect to unscheduled flight 

operations at LaGuardia, the FAA 

adopts the following: 

1. The final 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 final Order takes effect on 

January 1, 2007, and will expire when 

the final Rule on Slot Management and 

Transparency for LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport becomes effective but not later 

than October 24, 2014. 

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). 

Additional information on procedures 

for obtaining a reservation will be 

available via the Internet at http:// 

www.fly.faa.gov/ecvrs. 

4. Three (3) reservations are available 

per hour for unscheduled operations at 

mstockstill on DSK4VPTVN1PROD with NOTICES

28280 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 

1 73 FR 29550 (May 21, 2008). 

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

0517. 3 73 FR 60544, amended by 73 FR 66516 (Nov. 

10, 2008). 4 74 FR 52134 (Oct. 9, 2009). 

5 74 FR 51648. 

6 76 FR 18618. 

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 May 9, 2013. 

Marc L. Warren, 

Acting Chief Counsel. 

[FR Doc. 2013–11490 Filed 5–13–13; 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, and April 

4, 2011. The Order remains effective 

until the final Rule on Slot Management 

and Transparency for LaGuardia 

Airport, John F. Kennedy International 

Airport, and Newark Liberty 

International Airport becomes effective 

but not later than October 24, 2014. 

DATES: This amendment is effective on 

May 14, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

Order contact: Patricia Bynum, Surface 

Operations Office, Air Traffic 

Organization, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 385–7073; facsimile: 

(202) 385–7433; email: 

patricia.bynum@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) 267–7143; facsimile: 

(202) 267–7971; email: 

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 

EWR has become 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

The FAA further extended the May 21, 

2008, Order placing temporary limits on 

scheduled operations at EWR on 

October 7, 2009,5 and on April 4, 2011.6

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. The reasons for issuing the Order 

have not changed appreciably since it 

was implemented. 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 an effort to 

implement a long-term rule at 

LaGuardia Airport (LGA), JFK, and 

EWR. The FAA is developing a notice 

of proposed rulemaking for Slot 

Management and Transparency for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport (RIN 2120– 

AJ89), which currently is under review. 

At this time, the FAA is unable to 

predict the date on which that rule 

would become effective. Accordingly, 

the FAA has concluded it is necessary 

to extend the expiration date of this 

Order until the final Rule on Slot 

Management and Transparency for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 24, 

mstockstill on DSK4VPTVN1PROD with NOTICES