Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 30585 

1 76 FR 18616. That notice amended the Order 

that was published at 71 FR 77854 (Dec. 27, 2006) 

and amended by 72 FR 48428 (Nov. 8, 2007) 

(transfer, minimum usage, and withdrawal 

amendments), 72 FR 48428 (Aug. 19, 2008) 

(reducing unscheduled operations from 6 to 3), 74 

FR 845 (Jan. 8, 2009) (extending expiration to 

October 24, 2009), 74 FR 2646 (Jan. 15, 2009) 

(reducing scheduled operations from 75 to 71), and 

74 FR 51654 (Oct. 7, 2009) (extending expiration to 

October 29, 2011). 

2This rulemaking project has been renamed to 

Slot Management and Transparency Rule for 

LaGuardia Airport, John F. Kennedy International 

Airport, and Newark Liberty International Airport, 

but the RIN has remained the same. This notice 

uses language consistent with the previously 

published notice. 

3 74 FR 2646 (Jan. 15, 2009). 

Issued in Washington, DC, on May 17, 

2012. 

John Raper, 

Manager, Business Operations Branch, 

Federal Aviation Administration. 

[FR Doc. 2012–12553 Filed 5–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2008–25755] 

Operating Limitations at New York 

LaGuardia Airport; Technical 

Amendment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Order; Technical 

Amendment. 

SUMMARY: The FAA is correcting a 

notice of extension to the order 

published on April 4, 2011 (76 FR 

18616). In that notice, the FAA 

extended the order limiting operations 

at LaGuardia Airport until the final 

Congestion Management Rule for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 26, 

2013. This document corrects errors in 

the amended order text of that 

document. 

DATES: Effective immediately. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

Order contact: Patricia Bynum, System 

Operations Services, Air Traffic 

Organization, Federal Aviation 

Administration, 600 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 385–8704; fax (202) 

493–4306; 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) 267–7240; facsimile: 

(202) 267–7971; email: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 4, 2011, the FAA published 

a Notice of Extension to the Order 

Limiting Operations at New York 

LaGuardia Airport (LGA).1 As a result of 

the extension, the Order remains 

effective until the final Congestion 

Management Rule for LaGuardia 

Airport, John F. Kennedy International 

Airport, and Newark Liberty 

International Airport (RIN 2120–AJ89) 

becomes effective but not later than 

October 26, 2013.2

In that notice of extension, the FAA 

inadvertently amended paragraph (A)(1) 

of the amended order to remove the 

hourly operational authorization (OA) 

limits for LGA. Additionally, the notice 

preamble erroneously stated the FAA 

‘‘maintains the current hourly limit on 

scheduled (75) * * * operations.’’ The 

FAA previously reduced the hourly 

limit on scheduled operations to 71.3

Technical Amendment 

This technical amendment will revise 

paragraph (A)(1) of the amended order 

to include an hourly limit of 71 OAs, 

which is the current limit on scheduled 

operations at LGA. 

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 

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 Congestion Management Rule 

for LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 26, 

2013. 

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: 

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30586 Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 

4Unscheduled 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. 

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: 4

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 Congestion Management Rule 

for LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport becomes 

effective but not later than October 26, 

2013. 

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 

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 18, 

2012. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2012–12552 Filed 5–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Uniform Relocation Assistance and 

Real Property Acquisition for Federal 

and Federally Assisted Programs; 

Fixed Residential Moving Cost 

Schedule 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: The purpose of this notice is 

to publish changes in the Fixed 

Residential Moving Cost Schedule for 

the States and Territories of Alabama, 

Arkansas, California, Colorado, 

Delaware, Guam, Illinois, Indiana, Iowa, 

Kentucky, Maryland, Massachusetts, 

Michigan, Minnesota, Mississippi, 

Nebraska, New Jersey, New York, North 

Carolina, North Dakota, Ohio, 

Oklahoma, Oregon, South Carolina, 

South Dakota, Tennessee, Texas, Utah, 

Virginia, West Virginia, Wisconsin, and 

Wyoming as provided for by section 

202(b) of the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

mstockstill on DSK4VPTVN1PROD with NOTICES