Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12355 

airport has been abandoned, therefore, 

the airspace is no longer necessary. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.9Y, dated August 6, 2014, 

and effective September 15, 2014, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would remove Class E airspace at 

Franklin Wilkins Airport, Lexington, 

TN. 

This proposal would be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014, effective 

September 15, 2014, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO TN E5 Lexington, TN [Removed] 

Issued in College Park, Georgia, on 

February 25, 2015. 

Gerald E. Lynch, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2015–05114 Filed 3–6–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2014–1073; Notice No. 14– 

11A] 

RIN 2120–AJ89 

Slot Management and Transparency 

for LaGuardia Airport, John F. 

Kennedy International Airport, and 

Newark Liberty International Airport; 

Extension of Comment Period; 

Availability of Further Data; Request 

for Public Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking; 

Extension of comment period. 

SUMMARY: This action extends the 

comment period for a notice of 

proposed rulemaking (NPRM) published 

on January 8, 2015. In the NPRM, the 

U.S. Department of Transportation 

(DOT) and the FAA proposed to replace 

the Orders limiting scheduled 

operations at John F. Kennedy 

International Airport (JFK) and Newark 

Liberty International Airport (EWR), and 

limiting scheduled and unscheduled 

operations at LaGuardia Airport (LGA). 

The Orders are scheduled to expire 

when the rulemaking is final and in 

effect, but not later than October 29, 

2016. The proposed rule is intended to 

provide a longer-term and 

comprehensive approach to slot 

management at JFK, EWR, and LGA. 

The FAA has also placed further 

information in support of the proposal 

in the docket for this rulemaking. 

Finally, this document responds to a 

request for a public meeting regarding 

this rulemaking. 

DATES: The comment period for the 

NPRM is extended until May 8, 2015. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2014–1073 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations 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. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Docket: Background documents or 

comments received may be read at 

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

Follow the online instructions for 

accessing the docket or Docket 

Operations 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: For 

technical questions concerning this 

action, contact Molly Smith, Office of 

Aviation Policy and Plans, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3274; email molly.w.smith@faa.gov; 

Susan Pfingstler, System Operations 

Services, Air Traffic Organization, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
12356 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 

1The NPRM discusses slot usage reporting 

practices permitted under the current Orders, 

which allow carriers to optimize slot use by 

distributing flights between all the slots the carrier 

holds in a particular half-hour slot time. 80 FR 1287 

(Jan. 8, 2015). The FAA observes the results of this 

practice using operational data. 

Federal Aviation Administration, 600 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–6462; email susan.pfingstler@

faa.gov; or Peter Irvine, U.S. Department 

of Transportation, Office of Aviation 

Analysis, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–3156; email: peter.irvine@dot.gov. 

For legal questions concerning this 

action, contact Bonnie Dragotto, Office 

of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3808; email 

bonnie.dragotto@faa.gov; or Cindy 

Baraban, U.S. Department of 

Transportation, Office of the General 

Counsel, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9159; email cindy.baraban@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 8, 2015, the DOT and the 

FAA published an NPRM entitled ‘‘Slot 

Management and Transparency for 

LaGuardia Airport, John F. Kennedy 

International Airport, and Newark 

Liberty International Airport’’ (80 FR 

1274). Comments regarding the proposal 

were to be received on or before April 

8, 2015. 

By letters posted to the public docket, 

Airlines for America and the 

International Air Transport Association, 

as well as the Airports Council 

International-North America, American 

Association of Airport Executives, the 

Port Authority of New York and New 

Jersey (Port Authority), and the Regional 

Plan Association, have requested that 

the comment period for the NPRM be 

extended for an additional 60 days up 

to and including June 8, 2015. In 

support of the extension request, the 

petitioners noted that the NPRM was 

lengthy and technical in nature, and 

included approximately 40 questions for 

comment, some of which require the 

public to analyze the impact of the 

provisions on operations at the affected 

airports and submit supporting data and 

analysis of the anticipated impacts. 

While the DOT and the FAA concur 

with the petitioners’ requests for an 

extension of the comment period for the 

NPRM, we are not persuaded that an 

additional 60 days is necessary to 

provide comment on this proposal. The 

DOT and the FAA find that providing 

an additional 30 days is sufficient for 

these petitioners to analyze the NPRM 

and provide meaningful comment. 

Absent unusual circumstances, we do 

not anticipate any further extension of 

the comment period for this rulemaking. 

Request for Data and Analysis 

The petitioners also requested that the 

FAA provide certain data and analysis 

referenced in the NPRM and the 

regulatory impact analysis (RIA) 

accompanying the rule. Specifically, the 

petitioners requested that the FAA 

provide all models, data and analysis, 

including the MITRE queuing models 

and the University of Maryland (UMD) 

Delay Model, as well as the raw data 

used in the model to forecast the impact 

of the changes as a result of the 

proposed use-or-lose requirement. 

As described in the NPRM, MITRE 

Center for Advanced Aviation System 

Development (CAASD) Modeling and 

Analysis conducted a series of 

operational analyses and modeling for 

the FAA. In response to the petitioners’ 

requests, the following documents have 

been placed in the docket for this 

rulemaking: 

• Overview of MITRE Queuing Delay 

Model; 

• Modeling reflecting Summer 2008 

Orders Limiting Scheduled Operations 

at JFK and EWR; 

• Additional Scheduled Operations 

Analysis for JFK and EWR; 

• Airport Runway Capacity Analyses 

for JFK, LGA, and EWR; 

• Operational Performance Analyses 

for JFK, LGA, and EWR; and 

• Historical Unscheduled Traffic 

Counts at JFK, LGA, and EWR. 

The FAA has also placed the UMD 

Delay Model and supporting data, as 

used in the RIA, in the docket for this 

rulemaking. 

Additionally, the Port Authority 

requested slot utilization records 

including slot holder, operator, and 

terms of any slot lease and trade 

agreements in a form such as a 

Microsoft Excel spreadsheet or 

Microsoft Access database. The FAA 

does not track or maintain slot 

information in the form and manner as 

requested. The FAA also does not have 

information on the terms of slot leases 

or trade agreements, as the current 

Orders do not require carriers to submit 

terms to the FAA. Nonetheless, 

additional information to address this 

request has been placed in the docket, 

including information to help the public 

understand this proposal as well as 

information relied upon by the agency 

in developing the NPRM. This 

additional information includes: 

• Slot allocation reports for summer 

and winter seasons from 2009–2012 

(January and July) for JFK, LGA, and 

EWR. 

• Uneven slot transfers at JFK, LGA, 

and EWR from 2009–2012 reflecting 

slots that were transferred between 

carriers on other than a one-for-one 

basis at the same airport. Transfers 

between carriers under unified market 

control, such as mainline and regional 

partners, are not included in the uneven 

transfer lists. 

• Slot allocation reports for Mondays 

in August 2009 to reflect the analysis of 

scheduled and actual operations 

compared to allocated slots as discussed 

in the RIA. 

• Scheduled flight information from 

FAA’s Innovata data base for Mondays 

in August 2009. Slot usage information 

is submitted to the FAA in various 

formats by carriers to report their actual 

operations using an allocated slot. 

Under current practice, the FAA uses 

this information along with supporting 

FAA air traffic control and operational 

data to determine if the minimum usage 

requirement has been met by a 

particular operator. The FAA uses 

information on actual and planned 

flights, rather than carrier slot usage 

reports, for operational and historical 

trend analyses at slot controlled 

airports.1 Scheduled demand was 

compared to allocated slots, as 

discussed in the RIA. Information on 

published schedules for other dates is 

available from commercial and other 

sources outside the FAA. 

Request for Public Meeting 

By letter posted to the public docket 

on February 17, 2015, the National Air 

Transportation Association requested 

that the DOT and the FAA hold a public 

meeting to allow affected stakeholders 

to ask clarifying questions and discuss 

the NPRM. The DOT and the FAA have 

carefully considered this request. 

In light of the comment period 

extension and additional information 

provided for review, analysis, and 

comment, the DOT and the FAA will 

not hold a public meeting at this time. 

We encourage all interested persons to 

submit detailed comments on the NPRM 

to the docket. All comments submitted 

to the docket will be considered by the 

agency in developing a final rule. The 

submission of comments to the public 

docket provides the most transparent 

means for all interested parties to 

participate at this stage in the 

rulemaking process. 

Extension of Comment Period 

In accordance with § 11.47(c) of title 

14, Code of Federal Regulations, the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12357 

DOT and the FAA have reviewed the 

petitions for an extension of the 

comment period for the proposal. The 

petitioners have shown a substantive 

interest in the proposed rule and good 

cause for extending the comment 

period. 

Accordingly, the comment period for 

the NPRM is extended until May 8, 

2015. 

Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the DOT and the FAA 

will consider all comments received on 

or before the closing date for comments. 

We will also consider comments filed 

after the comment period has closed if 

it is possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information: Do not file proprietary or 

confidential business information in the 

docket. Such information must be sent 

or delivered directly to the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document, and marked as proprietary or 

confidential. If submitting information 

on a disk or CD ROM, mark the outside 

of the disk or CD ROM, and identify 

electronically within the disk or CD 

ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under the DOT procedures found in 49 

CFR part 7. 

Availability of Rulemaking Documents 

An electronic copy of rulemaking 

documents may be obtained from 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 

Publishing Office’s Web page at http:// 

www.gpo.gov/fdsys/. 

Copies may also be obtained 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. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

Issued under authority provided by 49 

U.S.C. 106(f) in Washington, DC, on March 

3, 2015. 

Richard M. Swayze, 

Assistant Administrator for Policy, 

International Affairs, and Environment. 

[FR Doc. 2015–05381 Filed 3–6–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–0252; Airspace 

Docket No. 15–AEA–1] 

Proposed Amendment of Class E 

Airspace; Ashland, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace at Ashland, VA 

as new Standard Instrument Approach 

Procedures have been developed at 

Hanover County Municipal Airport. 

This action would enhance the safety 

and airspace management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also would update 

the geographic coordinates of airport. 

DATES: Comments must be received on 

or before April 23, 2015. The Director of 

the Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA, Order 7400.9 and publication of 

conforming amendments. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, 1200 New Jersey 

Avenue SE., West Bldg. Ground Floor 

Rm. W12–140, Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2015–0252; 

Airspace Docket No. 15–AEA–1, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at 

http://www.regulations.gov. You may 

review the public docket containing the 

proposal, any comments received, and 

any final disposition in person in the 

Dockets Office between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Office (telephone 1–800–647–5527), is 

on the ground floor of the building at 

the above address. 

FAA Order 7400.9Y, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at http://www.faa.gov/air_traffic/ 

publications/. The Order is also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this proposed 

incorporation by reference material at 

NARA, call 202–741–6030, or go to 

http://www.archives.gov/federal_

register/code_of_federal-regulations/ibr_

locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. For further information, 

you can contact the Airspace Policy and 

Regulations Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: 202–267–8783. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 


tkelley on DSK3SPTVN1PROD with PROPOSALS