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 


cprice-sewell on DSK8KYBLC1PROD with NOTICES
32988 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices 

1 75 FR 26,322 at 26,337 (May 11, 2010). 

involved and must be received on or 

before June 30, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0511 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Forseth, ANM–113, (425) 227– 

2796, Federal Aviation Administration, 

1601 Lind Avenue, SW., Renton, WA 

98057–3356, or Brenda Sexton, (202) 

267–3664, Office of Rulemaking (ARM– 

204), Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on June 6, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

[Docket No.: FAA–2010–0511] 

Petitioner: Allegiant Air, LLC. 

Section of 14 CFR Affected: 14 CFR 

25.809(h)(1) and 121.310(k)(1). 

Description of Relief Sought: 

Exemption to permit relief from the 

requirements of ventral-exit doorsecuring functions during flight. This 

exemption, if granted, would allow 

Allegiant Air to install a mount on the 

flight deck of their MD–80 fleet for a 

removable handle which could be 

temporarily attached to the airstair 

operating mechanism, allowing for the 

operation of the aft stairs from within 

the aircraft while on the ground. 

[FR Doc. 2010–13921 Filed 6–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2010–0109] 

Notice on Waiver of the Terms of the 

Order Limiting Scheduled Operations 

at LaGuardia Airport 

ACTION: Extension of Time for Delta 

Airlines and US Airways to Notify the 

FAA of Intent to Proceed with Slot 

Transfer Transaction. 

SUMMARY: This action extends the 

deadline to July 2, 2010, for Delta and 

US Airways to notify the FAA whether 

they intend to proceed with the slot 

transfer transaction subject to the 

Waiver of the Terms of the Order 

Limiting Scheduled Operations at 

LaGuardia Airport. 

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: Delta and US Airways must 

notify the FAA in writing by July 2, 

2010, as to whether they intend to 

proceed with the slot transfer 

transaction as described in the Notice 

issued May 4, 2010. The waiver is 

effective upon Delta and US Airways 

satisfying the conditions required by 

that Notice, as amended by this 

extension of time. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca MacPherson, Assistant Chief 

Counsel for Regulations, by telephone at 

(202) 267–3073 or by electronic mail at 

Rebecca.macpherson@faa.gov; or 

Jonathan Moss, Deputy Assistant 

General Counsel for Operations, by 

telephone at (202) 366–4710 or by 

electronic mail at 

jonathan.moss@dot.gov. 

SUPPLEMENTARY INFORMATION: 

On May 4, 2010, Ray LaHood, 

Secretary of the Department of 

Transportation (DOT) and J. Randolph 

Babbitt, FAA Administrator, granted, 

subject to conditions, a joint waiver 

request of Delta Air Lines and US 

Airways from the prohibitions on 

purchasing operating authorizations 

(‘‘slots’’ or ‘‘slot interests’’) at LaGuardia 

Airport (LGA). Notice on Petition for 

Waiver of the Terms of the Order 

Limiting Scheduled Operations at 

LaGuardia Airport, 75 Federal Register 

26,322 (May 11, 2010) (hereinafter, the 

‘‘Waiver’’). 

The Waiver permits the carriers to 

consummate a transaction in which 

Delta would transfer 42 pairs of slot 

interests to US Airways at Ronald 

Reagan Washington National Airport 

(DCA), international route authorities to 

Sao Paulo and Tokyo; and terminal 

space at the Marine Air Terminal at 

LaGuardia Airport (LGA). US Airways 

would transfer 125 pairs of slot interests 

to Delta at LGA, and lease an additional 

15 pairs of LGA slot interests with a 

purchase option, together with terminal 

space in LGA’s Terminal C. The grant is 

subject to the conditions that the 

carriers dispose of 14 pairs of slot 

interests at DCA and 24 pairs of slot 

interests at LGA to eligible new entrant 

and limited incumbent carriers pursuant 

to certain procedures and achieve a 

mutually satisfactory agreement 

regarding gates and associated facilities 

with any such purchaser. 

The Waiver also requires Delta and 

US Airways to notify the FAA, in 

writing, within 30 days, whether they 

intend to proceed with the slot transfer 

transaction. If they intend to 

consummate the slot transfer transaction 

subject to the waiver, their notice must 

provide the following information for 

the divested slots: 

(1) Operating Authorization number 

(LGA) or slot number (DCA) and time; 

(2) Frequency; 

(3) Effective Date(s); 

(4) Other pertinent information, if 

applicable; and 

(5) Carrier’s authorized 

representative.1

On June 3, 2010, Delta and US 

Airways jointly filed a letter requesting 

an extension of the deadline until July 

2, 2010. The FAA finds that granting 

this extension of time would not 

adversely affect the public interest. 


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