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[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Proposed Rules]
[Pages 30218-30219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11455]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2014-1073; Notice No. 16-03]
RIN 2120-AJ89

Slot Management and Transparency for LaGuardia Airport, John F. 
Kennedy International Airport, and Newark Liberty International Airport

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The DOT is withdrawing a previously published Notice of 
Proposed Rulemaking (NPRM) that would have replaced the Orders limiting 
scheduled operations at John F. Kennedy International Airport (JFK), 
Newark Liberty International Airport (EWR), and LaGuardia Airport (LGA)

[[Page 30219]]

with longer-term limits on scheduled and unscheduled operations at JFK, 
EWR, and LGA, and requested comment on options to establish a secondary 
market for the purchase, sale, lease, or trade of slots at these 
airports, as well as procedures that would codify the review of slot 
transactions arising from the secondary market for public interest and 
anti-competitive effects.

DATES: As of May 16, 2016, the NPRM published on January 8, 2015 (80 FR 
1274) is withdrawn.

SUPPLEMENTARY INFORMATION: In 2006, the FAA issued an Order imposing 
temporary limits on operations at LGA (71 FR 77854), and in 2008, 
issued Orders imposing temporary limits on operations at JFK (73 FR 
3510) and EWR (73 FR 29550). These Orders have been extended and are in 
effect until October 29, 2016. On April 6, 2016, the FAA announced that 
the current Order at EWR will expire on October 29, 2016, and that EWR 
will be a Level 2, schedule-facilitated airport under the Worldwide 
Slot Guidelines effective for the Winter 2016 scheduling season (81 FR 
19861). By this same announcement, the FAA indicated that slot-
controlled restrictions at JFK and LGA remain necessary and that the 
FAA will extend these Orders, by separate Federal Register notices, 
until October 27, 2018.
    On January 8, 2015, the FAA and DOT published an NPRM (80 FR 1274) 
that would replace the FAA's Orders limiting scheduled operations at 
JFK, EWR, and LGA with a long-term comprehensive approach to slot 
management at these airports. The NPRM proposed the continuation of the 
limits on scheduled and unscheduled operations in place at each of 
these airports under the Orders, and would have required use of an 
allocated slot 80% of the time for the same flight or series of 
flights. The NPRM also requested public comment about five alternatives 
for a secondary market for the purchase, sale, lease, or trade of slots 
and proposed procedures to codify the exercise of DOT's existing 
authority to review slot transactions for anti-competitive and public 
interest effects arising from those secondary market transactions that 
would have been permitted by the implementation of a bulletin board for 
the proposed secondary market.
    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). The NPRM proposed an approach to manage slots and the 
efficient use of airspace at JFK, EWR, and LGA that would have treated 
all three New York City area airports similarly. In light of the 
changes in market conditions and operational performance, and 
particularly the potential impact of EWR's change in status, the 
Department is withdrawing the NPRM to allow for further evaluation of 
these changes. Withdrawal of this NPRM (80 FR 1274, January 8, 2015) 
does not preclude the agency from issuing future rulemakings on this 
issue, nor does it commit the agency to any course of action in the 
future. The FAA will continue to monitor the operational performance at 
these airports. Further, if the Department detects unfair or 
anticompetitive behavior, we will not hesitate to continue to use our 
existing authority to take corrective action. We will also continue to 
cooperate with the U.S. Department of Justice on any reviews it 
undertakes.
    Issued under authority provided by 49 U.S.C. 106(f), 40101, 40103, 
40105, and 41712 in Washington, DC on May 6, 2016.

Jenny T. Rosenberg,
Acting Assistant Secretary for Aviation and International Affairs.
Nan Shellabarger,
Acting Assistant Administrator for Policy, International Affairs, and 
Environment.
[FR Doc. 2016-11455 Filed 5-13-16; 8:45 am]
BILLING CODE 4910-13-P
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