Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40167 

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 73 FR 3510 (Jan. 18, 2008), as amended by 73 

FR 8737 (Feb. 14, 2008). 

east to the 5.5-mile radius of Eglin AFB. 

When the tower at Destin Executive Airport 

is operational, it excludes Destin’s Class D 

airspace defined as that airspace south of the 

triangle beginning at lat. 30°23′39′′ N., long. 

86°23′13′′ W. to lat. 30°27′00′′ N., long. 

86°30′19′′ W. to lat. 30°20′54′′ N., long. 

86°31′56′′ W. from the surface to and 

including 1,600 feet MSL. 

ASO FL D Eglin AF Aux No 3 Duke Field, 

FL [Removed] 

ASO FL D Duke Field Eglin AFB, FL [New] 

Duke Field, FL 

(Lat. 30°38′55 N., long. 86°31′19′′ W.) 

Crestview, Bob Sikes Airport 

(Lat. 30°46′44′′ N., long. 86°31′20′′ W.) 

Eglin AFB 

(Lat. 30°29′00′′ N., long. 86°31′34′′ W.) 

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 5.2-mile radius of Duke Field; 

excluding the portion north of a line 

connecting the 2 points of intersection with 

a 4.2-mile radius circle centered on Bob Sikes 

Airport; excluding the portion south of a line 

connecting the 2 points of intersection with 

a 5.5-mile radius circle centered on Eglin 

AFB. This Class D airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

ASO FL D Eglin Hurlburt Field, FL 

[Amended] 

Eglin, Hurlburt Field, FL 

(Lat. 30°25′44′′ N., long. 86°41′20′′ W.) 

Eglin AFB 

(Lat. 30°29′00′′ N., long. 86°31′34′′ W.) 

That airspace extending upward from the 

surface, to and including 2,500 feet MSL 

within a 5.3-mile radius of Hurlburt Field; 

excluding the portion northeast of a line 

connecting the 2 points of intersection with 

a 5.5-mile radius circle centered on Eglin 

AFB. This Class D airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E Surface Area 

Airspace. 

* * * * * 

ASO FL E2 Crestview, FL [Amended] 

Bob Sikes Airport, FL 

(Lat. 30°46′44′′ N., long. 86°31′20′′ W.) 

Duke Field, Eglin AFB 

(Lat. 30°38′55′′ N., long. 86°31′19′′ W.) 

Within a 4.2-mile radius of Bob Sikes 

Airport; excluding the portion south of a line 

connecting the 2 points of intersection with 

a 5.2-mile radius circle centered on Duke 

Field. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Eglin Air Force Base, FL 

[Amended] 

Eglin Air Force Base, FL 

(Lat. 30°29′00′′ N., long. 86°31′34′′ W.) 

Destin Executive Airport 

(Lat. 30°24′00′′ N., long. 86°28′17′′ W.) 

Duke Field 

(Lat. 30°38′55′′ N., long. 86°31′19′′ W.) 

Hurlburt Field 

(Lat. 30°25′44′′ N., long. 86°41′20′′ W.) 

Fort Walton Beach Airport 

(Lat. 30°24′23′′ N., long. 86°49′45′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Eglin Air Force Base, and within a 7.8-mile 

radius of Destin Executive Airport, and 

within a 7-mile radius of Duke Field, and 

within a 7-mile radius of Hurlburt Field, 

excluding a 1.5-mile radius of Fort Walton 

Beach Airport. 

Issued in College Park, Georgia, on June 9, 

2016. 

Ryan W. Almasy, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2016–14377 Filed 6–20–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2007–29320] 

Operating Limitations at John F. 

Kennedy International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of amendment to order. 

SUMMARY: This action amends the Order 

Limiting Operations at John F. Kennedy 

International Airport (JFK) published on 

January 18, 2008, as amended, and most 

recently extended on May 24, 2016. 

This action replaces an obsolete 

statement concerning the Order’s 

expiration date with the correct 

expiration date of October 27, 2018. The 

Order remains effective until October 

27, 2018. 

DATES: This amendment is effective on 

June 21, 2016. 

ADDRESSES: Requests may be submitted 

by mail to Slot Administration Office, 

AGC–240, Office of the Chief Counsel, 

800 Independence Avenue SW., 

Washington, DC 20591, or by email to: 

7-awa-slotadmin@faa.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this Order contact: 

Susan Pfingstler, System Operations 

Services, Air Traffic Organization, 

Federal Aviation Administration, 600 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–6462; email susan.pfingstler@

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 

From 1968, the FAA limited the 

number of arrivals and departures at JFK 

during the peak afternoon demand 

period (corresponding to transatlantic 

arrival and departure banks) through the 

implementation of the High Density 

Rule (HDR).1 By statute enacted in April 

2000, the HDR’s applicability to JFK 

operations terminated as of January 1, 

2007.2 Using AIR–21 exemptions and 

the HDR phase-out, U.S. air carriers 

serving JFK significantly increased their 

domestic scheduled operations 

throughout the day. This increase in 

operations resulted in significant 

congestion and delays that negatively 

impacted the National Airspace System 

(NAS). In January 2008, the FAA placed 

temporary limits on scheduled 

operations at JFK to mitigate persistent 

congestion and delays at the airport.3

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 


rmajette on DSK2TPTVN1PROD with RULES
40168 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 

4 73 FR 29626 (May 21, 2008); Docket FAA–2008– 

0517. 

5 73 FR 60544, amended by 73 FR 66516 (Nov. 

10, 2008). 

6 74 FR 52134 (Oct. 9, 2009). 

7 74 FR 51650. 

8 76 FR 18620. 

9 78 FR 28276. 

10 79 FR 16854. 

11 81 FR 32636. 

12 Docket No. FAA–2007–25320 includes a copy 

of the MITRE analysis completed for the FAA. 

13 80 FR 1274. 

14The FAA notes that the Order limiting 

scheduled operations at EWR will expire October 

29, 2016; beginning on October 30, 2016, EWR is 

designated a Level 2 schedule-facilitated airport 

consistent with the FAA’s action published in the 

Federal Register on April 6, 2016. See 81 FR 19861. 

at JFK.4 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, 

2008.5 That rule was stayed by the U.S. 

Court of Appeals for the District of 

Columbia Circuit and subsequently 

rescinded by the FAA.6 The FAA 

extended the January 18, 2008, Order 

placing temporary limits on scheduled 

operations at JFK on October 7, 2009,7

April 4, 2011,8 May 14, 2013,9 March 

26, 2014,10 and May 24, 2016.11

Under the Order, as amended, the 

FAA (1) maintains the current hourly 

limits on 81 scheduled operations at JFK 

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. Demand for access to 

JFK remains high and the average 

weekday hourly flights in the busiest 

morning, afternoon, and evening hours 

are generally consistent with the limits 

under this Order. The FAA has 

reviewed the on-time and other 

performance metrics in the peak May to 

August 2014 and 2015 months and 

found continuing improvements relative 

to the same period in 2007, even with 

runway construction at JFK in 2015.12

Without the operational limitations 

imposed by this Order, the FAA expects 

severe congestion-related delays would 

occur at JFK and at other airports 

throughout the NAS. The FAA will 

continue to monitor performance and 

runway capacity at JFK to determine if 

changes are warranted. 

On January 8, 2015, the DOT and FAA 

published a notice of proposed 

rulemaking ‘‘Slot Management and 

Transparency at LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport.’’ 13 The DOT and FAA 

proposed to replace the Orders limiting 

scheduled operations at JFK, limiting 

scheduled operations at Newark Liberty 

International Airport (EWR), and 

limiting scheduled and unscheduled 

operations at LaGuardia Airport (LGA) 

with a more permanent system for 

managing slots. The NPRM included 

certain proposed changes to how slots 

are currently managed in the New York 

City area in order to increase 

transparency and address issues 

considering anti-competitive behavior. 

Since the FAA and DOT first initiated 

this rulemaking effort there have been 

significant changes in circumstances 

affecting New York City area airports, 

including changes in competitive effects 

from ongoing industry consolidation, 

slot utilization and transfer behavior, 

and actual operational performance at 

the three airports. Furthermore, the FAA 

recently announced that slot controls 

are no longer needed at EWR (81 FR 

19861). In light of the changes in market 

conditions and operational performance 

at the New York City area airports, the 

Department is withdrawing the NPRM 

by Federal Register notice published 

May 16, 2016 (81 FR 30218), to allow for 

further evaluation of these changes. 

Accordingly, the FAA has concluded it 

is necessary to extend the expiration 

date of this Order until October 27, 

2018. This expiration date coincides 

with the extended expiration date for 

the Order limiting scheduled operations 

at LGA (81 FR 33126).14 No 

amendments other than correcting the 

expiration date in paragraph 3 have 

been made to this Order. 

The FAA finds that notice and 

comment procedures under 5 U.S.C. 

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 

The Order, as amended, is recited 

below in its entirety. 

1. This Order assigns operating 

authority to conduct an arrival or a 

departure at JFK during the affected 

hours to the U.S. air carrier or foreign 

air carrier identified in the appendix to 

this Order. The FAA will not assign 

operating authority under this Order to 

any person or entity other than a 

certificated U.S. or foreign air carrier 

with appropriate economic authority 

and FAA operating authority under 14 

CFR part 121, 129, or 135. This Order 

applies to the following: 

a. All U.S. air carriers and foreign air 

carriers conducting scheduled 

operations at JFK as of the date of this 

Order, any U.S. air carrier or foreign air 

carrier that operates under the same 

designator code as such a carrier, and 

any air carrier or foreign-flag carrier that 

has or enters into a codeshare agreement 

with such a carrier. 

b. All U.S. air carriers or foreign air 

carriers initiating scheduled or regularly 

conducted commercial service to JFK 

while this Order is in effect. 

c. The Chief Counsel of the FAA, in 

consultation with the Vice President, 

System Operations Services, is the final 

decisionmaker for determinations under 

this Order. 

2. This Order governs scheduled 

arrivals and departures at JFK from 6 

a.m. through 10:59 p.m., Eastern Time, 

Sunday through Saturday. 

3. This Order takes effect on March 

30, 2008, and will expire October 27, 

2018. 

4. Under the authority provided to the 

Secretary of Transportation and the 

FAA Administrator by 49 U.S.C. 40101, 

40103 and 40113, we hereby order that: 

a. No U.S. air carrier or foreign air 

carrier initiating or conducting 

scheduled or regularly conducted 

commercial service at JFK may conduct 

such operations without an Operating 

Authorization assigned by the FAA. 

b. Except as provided in the appendix 

to this Order, scheduled U.S. air carrier 

and foreign air carrier arrivals and 

departures will not exceed 81 per hour 

from 6 a.m. through 10:59 p.m., Eastern 

Time. 

c. The Administrator may change the 

limits if he determines that capacity 

exists to accommodate additional 

operations without a significant increase 

in delays. 

5. For administrative tracking 

purposes only, the FAA will assign an 

identification number to each Operating 

Authorization. 

6. A carrier holding an Operating 

Authorization may request the 

Administrator’s approval to move any 

arrival or departure scheduled from 6 

a.m. through 10:59 p.m. to another half 

hour within that period. Except as 

provided in paragraph seven, the carrier 

must receive the written approval of the 

Administrator, or his delegate, prior to 

conducting any scheduled arrival or 

departure that is not listed in the 

appendix to this Order. All requests to 

move an allocated Operating 

Authorization must be submitted to the 

FAA Slot Administration Office, 

facsimile (202) 267–7277 or email 7- 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40169 

AWA-Slotadmin@faa.gov, and must 

come from a designated representative 

of the carrier. If the FAA cannot approve 

a carrier’s request to move a scheduled 

arrival or departure, the carrier may 

then apply for a trade in accordance 

with paragraph seven. 

7. For the duration of this Order, a 

carrier may enter into a lease or trade of 

an Operating Authorization to another 

carrier for any consideration. 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. The FAA will approve 

transfers between carriers under the 

same marketing control up to five 

business days after the actual operation, 

but only to accommodate operational 

disruptions that occur on the same day 

of the scheduled operation. The FAA’s 

approval of a trade or lease does not 

constitute a commitment by the FAA to 

grant the associated historical rights to 

any operator in the event that slot 

controls continue at JFK after this order 

expires. 

8. A carrier may not buy, sell, trade, 

or transfer an Operating Authorization, 

except as described in paragraph seven. 

9. Historical rights to Operating 

Authorizations and withdrawal of those 

rights due to insufficient usage will be 

determined on a seasonal basis and in 

accordance with the schedule approved 

by the FAA prior to the commencement 

of the applicable season. 

a. For each day of the week that the 

FAA has approved an operating 

schedule, any Operating Authorization 

not used at least 80% of the time over 

the time-frame authorized by the FAA 

under this paragraph will be withdrawn 

by the FAA for the next applicable 

season except: 

i. The FAA will treat as used any 

Operating Authorization held by a 

carrier on Thanksgiving Day, the Friday 

following Thanksgiving Day, and the 

period from December 24 through the 

first Saturday in January. 

ii. The Administrator of the FAA may 

waive the 80% usage requirement in the 

event of a highly unusual and 

unpredictable condition which is 

beyond the control of the carrier and 

which affects carrier operations for a 

period of five consecutive days or more. 

b. Each 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 and: 

i. The dates within each applicable 

season it intends to commence and 

complete operations. 

A. For each winter scheduling season, 

the report must be received by the FAA 

no later than August 15 during the 

preceding summer. 

B. For each summer scheduling 

season, the report must be received by 

the FAA no later than January 15 during 

the preceding winter. 

ii. The completed operations for each 

day of the applicable scheduling season: 

A. No later than September 1 for the 

summer scheduling season. 

B. No later than January 15 for the 

winter scheduling season. 

iii. The completed operations for each 

day of the scheduling season within 30 

days after the last day of the applicable 

scheduling season. 

10. In the event that a carrier 

surrenders to the FAA any Operating 

Authorization assigned to it under this 

Order or if there are unallocated 

Operating Authorizations, the FAA will 

determine whether the Operating 

Authorizations should be reallocated. 

The FAA may temporarily allocate an 

Operating Authorization at its 

discretion. Such temporary allocations 

will not be entitled to historical status 

for the next applicable scheduling 

season under paragraph 9. 

11. If the FAA determines that an 

involuntary 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 carrier 

from which it was taken, provided that 

the carrier continues to operate 

scheduled service at JFK. 

12. The FAA will enforce this Order 

through an enforcement action seeking 

a civil penalty under 49 U.S.C. 46301(a). 

A carrier that is not a small business as 

defined in the Small Business Act, 15 

U.S.C. 632, will be liable for a civil 

penalty of up to $25,000 for every day 

that it violates the limits set forth in this 

Order. A carrier that is a small business 

as defined in the Small Business Act 

will be liable for a civil penalty of up 

to $10,000 for every day that it violates 

the limits set forth in this 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 this Order. 

13. The FAA may modify or withdraw 

any provision in this Order on its own 

or on application by any carrier for good 

cause shown. 

Issued in Washington, DC on June 15, 

2016. 

Daniel E. Smiley, 

Vice President, System Operations Services. 

[FR Doc. 2016–14631 Filed 6–20–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 160503391–6391–01] 

RIN 0694–AG96 

Revisions to the Unverified List (UVL) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

adding thirty-six (36) persons to the 

Unverified List (the ‘‘Unverified List’’ or 

UVL), and adding an additional address 

for one (1) person currently listed on the 

UVL. The 36 persons are being added to 

the UVL on the basis that BIS could not 

verify their bona fides because an enduse check could not be completed 

satisfactorily for reasons outside the 

U.S. Government’s control. A new 

address is added for one current UVL 

person as BIS has determined that this 

person has changed its registered 

address. 

DATES: Effective date: This rule is 

effective: June 21, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kurland, Director, Office of 

Enforcement Analysis, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–4255 or by 

email at UVLRequest@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Unverified List, found in 

Supplement No. 6 to Part 744 to the 

EAR, contains the names and addresses 

of foreign persons who are or have been 

parties to a transaction, as that term is 

described in § 748.5 of the EAR, 

involving the export, reexport, or 

transfer (in-country) of items subject to 

the EAR, and whose bona fides BIS has 

been unable to verify through an enduse check. BIS may add persons to the 


rmajette on DSK2TPTVN1PROD with RULES