Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices 32987 

1 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR 51650 

(Oct. 7, 2009) (JFK). 

Other statutes and/or regulations may 

require the retention of certain listed 

documents. This Policy does not affect 

a motor carrier’s responsibility to 

comply with these other statutes and/or 

regulations. 

This Policy is not intended to address 

motor carriers that use EOBRs under the 

terms of a remedial directive and EOBRs 

or Automatic On-Board Recording 

Devices (AOBRDs) under the terms of a 

settlement agreement. Carriers subject to 

a remedial directive or settlement 

agreement must comply with the terms 

of that directive or agreement, including 

requirements to retain particular 

documents. 

Issued on: June 4, 2010. 

William A. Quade, 

Associate Administrator for Enforcement and 

Program Delivery. 

[FR Doc. 2010–13901 Filed 6–9–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Orders Limiting Scheduled Operations 

at John F. Kennedy International 

Airport and Newark Liberty 

International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of limited waiver of the 

slot usage requirement. 

SUMMARY: This action announces a 

limited waiver of the requirements to 

use Operating Authorizations (slots) at 

John F. Kennedy International Airport 

(JFK) and Newark Liberty International 

Airport (EWR). The FAA will treat as 

used any Operating Authorization that 

was scheduled for an operation between 

JFK or EWR and points in Europe from 

April 14 through April 26, 2010. The 

FAA also will grant similar relief on an 

individual carrier basis following 

notification for scheduled flights 

between JFK or EWR and points in 

Europe canceled due to volcanic ash 

from April 27 through October 30, 2010. 

This policy is effective from April 14, 

2010 through October 30, 2010. 

DATES: Effective Date: Effective upon 

publication. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hawks, Office of the Chief 

Counsel, Regulations Division, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–7143; e-mail: rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 14, 2010, an eruption of the 

Eyjafjallajo ̈kull volcano in Iceland began 

releasing large quantities of volcanic ash 

into the air. The resulting volcanic ash 

cloud spread over a large area of Europe 

before dissipating. The volcanic ash 

cloud resulted in widespread airspace 

restrictions and grounding of aircraft 

across much of Europe due to safety 

concerns. Air carriers responded by 

canceling tens of thousands of flights 

during an approximately one-week 

period. Airspace restrictions were 

relaxed as the volcanic ash cloud 

dissipated, and most European airspace 

restrictions were lifted by the evening of 

April 20. Recovery of normal operations 

took several days but appeared to return 

normal at all airports by April 27. 

Although volcanic ash did not affect 

aircraft operation within U.S. airspace, 

the flight cancellations impacted U.S. 

airports that serve as international 

gateways, including slot-controlled JFK 

and EWR. U.S. and foreign carriers 

canceled transatlantic operations due to 

airspace closures and had to reposition 

aircraft before resuming scheduled 

operations after airspace reopened. 

After the April airspace closures, 

volcanic ash has caused intermittent 

European airspace and airport closures 

resulting in transatlantic flight 

cancellations, but these closures have 

been limited in scope and duration. The 

Eyjafjallajo ̈kull volcano is predicted to 

continue erupting over the next several 

months, and volcanic ash may disrupt 

aircraft operations throughout this 

period. 

By letter dated May 17, 2010, 

Continental Airlines has asked the FAA 

to grant a limited waiver of the 

minimum usage requirement at EWR 

through the summer scheduling season 

ending on October 30, 2010, due to the 

highly unusual and unpredictable 

nature of airspace and airport closures. 

Under the orders limiting scheduled 

operations at the airports, slots must be 

used at least 80 percent of the time. 

Slots not meeting the minimum usage 

rules will be withdrawn.1 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. 

Statement of Policy 

The FAA has determined these 

unusual circumstances meet the criteria 

for a limited waiver of the minimum 

slot usage. The FAA does not intend to 

routinely grant general waivers to the 

usage requirements. Rules allow for up 

to 20 percent nonuse, including planned 

and unplanned cancellations. These 

rules are expected to accommodate 

routine weather and other cancellations 

under all but the most unusual 

circumstances. 

Accordingly, the FAA will grant relief 

from the use-or-lose requirements for all 

carriers operating scheduled flights at 

JFK and EWR to or from points in 

Europe during the period from April 14 

through 26, 2010. The FAA will treat as 

used any Operating Authorization that 

was scheduled for an operation between 

JFK or EWR and points in Europe from 

April 14 through April 26, 2010. 

Additionally, the FAA recognizes some 

carriers have canceled scheduled flights 

between JFK or EWR and points in 

Europe since April 26, and further ashrelated cancellations may occur over the 

coming months. The FAA will grant 

similar relief on an individual carrier 

basis for scheduled flights between JFK 

or EWR and points in Europe canceled 

due to volcanic ash after April 26. 

Carriers should advise the FAA Slot 

Administration Office of volcanic-ashrelated cancellations by e-mail to 7-awaslotadmin@faa.gov to obtain relief. The 

FAA may revise this policy if there are 

widespread or long-term impacts similar 

to the April airspace closures. 

Issued in Washington, DC, on June 5, 2010. 

Rebecca B. MacPherson, 

Associate Chief Counsel for Regulations. 

[FR Doc. 2010–13994 Filed 6–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–28] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 


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