33126 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 

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 71 FR 51360 (August 29, 2006); Docket FAA– 

2006–25709. The FAA subsequently published a 

Supplemental Notice of Proposed Rulemaking. 73 

FR 20846 (Apr. 17, 2008). 

4 71 FR 77854. 

5 72 FR 63224; 73 FR 48428. 

6 73 FR 60574, amended by 73 FR 66517 (Nov. 

10, 2008). 

7 74 FR 52132 (Oct. 9, 2009). 

8 74 FR 51653. 

9 76 FR 18616, amended by 77 FR 30585 (May 23, 

2012). 

10 78 FR 28278. 

11 79 FR 17222. 

12 Docket No. FAA–2006–25755 includes a copy 

of the MITRE analysis completed for the FAA. 

(3) The cost to the Federal 

Government of making guarantees under 

this subsection (g) and under section 

503 of the Small Business Investment 

Act of 1958 (15 U.S.C. 697) during the 

fiscal year in which the guarantee is 

made is zero; 

* * * * * 

(10) A CDC must limit the amount of 

its loans under this paragraph (g) so 

that, during any Federal fiscal year, the 

amount of the new loans approved 

under this paragraph (g) does not exceed 

50% of the total dollar amount of the 

CDC’s 504 loans approved (including 

the loans approved under this paragraph 

(g)) during the previous fiscal year. This 

limitation may be waived upon 

application by the CDC and upon a 

determination by SBA that the refinance 

loan is needed for good cause. 

* * * * * 

(13) The Third Party Loan may not be 

sold on the secondary market as a part 

of a pool guaranteed under subpart J of 

this part, or any successor to this 

program, when the debt being 

refinanced is same institution debt; 

* * * * * 

(15) * * * 

Qualified debt * * * 

(vii) * * * For the purposes of this 

paragraph (vii), ‘‘current on all 

payments due’’ means that no payment 

was more than 30 days past due from 

either the original payment terms or 

modified payment terms (including 

deferments) if such modification was 

agreed to in writing by the Borrower and 

the lender of the existing debt no less 

than one year preceding the date of 

application. * * * 

* * * * * 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2016–12447 Filed 5–23–16; 4:15 pm] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR part 93 

[Docket No.: FAA–2006–25755] 

Operating Limitations at New York 

Laguardia Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Extension to order. 

SUMMARY: This action extends the Order 

Limiting Operations at New York 

LaGuardia Airport (LGA) published on 

December 27, 2006, and most recently 

extended March 27, 2014. The Order 

remains effective until October 27, 2018. 

DATES: This action is effective on May 

25, 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 

The FAA has long limited the number 

of arrivals and departures at LGA during 

peak demand periods through the 

implementation of the High Density 

Rule (HDR), to address constraints based 

on LGA’s limited runway capacity.1 By 

statute enacted in April 2000, the HDR’s 

applicability to LGA operations 

terminated as of January 1, 2007.2

In anticipation of the HDR’s 

expiration, the FAA proposed a longterm rule that would limit the number 

of scheduled and unscheduled 

operations at LGA.3 The FAA issued an 

Order on December 27, 2006, adopting 

temporary limits pending the 

completion of the rulemaking.4 This 

Order was amended on November 8, 

2007, and August 19, 2008.5 On October 

10, 2008, the FAA published the 

Congestion Management Rule for 

LaGuardia Airport, which would have 

become effective on December 9, 2008.6

That rule was stayed by the U.S. Court 

of Appeals for the District of Columbia 

Circuit and subsequently rescinded by 

the FAA.7 The FAA extended the 

December 27, 2006, Order placing 

temporary limits on operations at LGA, 

as amended, on October 7, 2009,8 on 

April 4, 2011,9 on May 14, 2013,10 and 

on March 27, 2014.11

Under the Order, as amended, the 

FAA (1) maintains the current hourly 

limits on scheduled and unscheduled 

operations at LGA 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) provides 

for a lottery to reallocate 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. Runway capacity at 

LGA remains limited, while demand for 

access to LGA remains high and average 

weekday hourly flights are generally 

scheduled to a level 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 2007.12 Without 

the operational limitations imposed by 

this Order, the FAA expects severe 

congestion-related delays would occur 

at LGA and at other airports throughout 

the National Airspace System (NAS). 

The FAA will continue to monitor 

performance and runway capacity at 

LGA to determine if changes are 

warranted. 


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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 33127 

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 id. 

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 JFK, as also extended by action 

published in today’s Federal Register.14

No amendments other than the 

expiration date 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 

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 on 

October 27, 2018. 

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: 

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 


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33128 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 

15Unscheduled 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. 

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: 15

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 on 

October 27, 2018. 

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, 

2016. 

Daniel E. Smiley, 

Vice President, System Operations Services. 

[FR Doc. 2016–12220 Filed 5–24–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 870 

[Docket No. FDA–2012–N–1173] 

Cardiovascular Devices; 

Reclassification of External Cardiac 

Compressor; Reclassification of 

Cardiopulmonary Resuscitation Aids 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing a final 

order to reclassify external cardiac 

compressors (ECC) (under FDA product 

code DRM), a preamendments class III 

device, into class II (special controls). 

FDA is also creating a separate 

classification regulation for a subgroup 

of devices previously included within 

this classification regulation, to be 

called cardiopulmonary resuscitation 

(CPR) aids, and reclassifying these 

devices from class III to class II for CPR 

aids with feedback and to class I for CPR 

aids without feedback. 

DATES: This order is effective on May 

25, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Hina Pinto, Center for Devices and 

Radiological Health, 10903 New 

Hampshire Ave., Bldg. 66, Rm. 1652, 

Silver Spring, MD 20993, 301–796– 

6351, hina.pinto@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background—Regulatory Authorities 

The Federal Food, Drug, and Cosmetic 

Act (the FD&C Act), as amended by the 

Medical Device Amendments of 1976 

(the 1976 amendments) (Pub. L. 94– 

295), the Safe Medical Devices Act of 

1990 (Pub. L. 101–629), the Food and 

Drug Administration Modernization Act 

of 1997 (Pub. L. 105–115), the Medical 

Device User Fee and Modernization Act 

of 2002 (Pub. L. 107–250), the Medical 

Devices Technical Corrections Act (Pub. 

L. 108–214), the Food and Drug 

Administration Amendments Act of 

2007 (Pub. L. 110–85), and the Food and 

Drug Administration Safety and 

Innovation Act (FDASIA) (Pub. L. 112– 

144), among other amendments, 

established a comprehensive system for 

the regulation of medical devices 

intended for human use. Section 513 of 

the FD&C Act (21 U.S.C. 360c) 

established three categories (classes) of 

devices, reflecting the regulatory 

controls needed to provide reasonable 

assurance of their safety and 


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