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

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 inEurope 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 SlotAdministration 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


### 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 therequirements 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.