[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Notices]
[Pages 48428-48430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19112]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2006-25755]


Operating Limitations at New York LaGuardia Airport; Notice of 
Order

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of amendment to order.

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SUMMARY: The Federal Aviation Administration (FAA) is amending the 
Order Limiting Scheduled Operation at New York LaGuardia Airport that 
published in the Federal Register on December 27, 2006. This amendment 
reduces the number of reservations available for unscheduled operations 
from six per hour to three per hour.

DATES: This amendment is effective on August 28, 2008.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this amendment contact: Gerry Shakley, System Operations Services, Air 
Traffic Organization; telephone (202) 267-9424; facsimile (202) 267-
7277; e-mail <a href="/cdn-cgi/l/email-protection#4d2a283f3f34633e252c262128340d2b2c2c632a223b"><span class="__cf_email__" data-cfemail="42252730303b6c312a23292e273b022423236c252d34">[email protected]</span></a>. For legal questions concerning this 
amendment contact: Rebecca MacPherson, Office of Chief Counsel, Federal 
Aviation Administration; telephone (202) 267-7240; facsimile (202) 267-
7971; e-mail <a href="/cdn-cgi/l/email-protection#41332423242222206f2c202231292433322e2f012720206f262e37"><span class="__cf_email__" data-cfemail="afddcacdcaccccce81c2ceccdfc7cadddcc0c1efc9cece81c8c0d9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The FAA is modifying its December 12, 2006 
Order (the Order), that temporarily limits flight operations at New 
York's LaGuardia Airport (LaGuardia), pending its promulgation of a 
long-term regulation to manage congestion at the

[[Page 48429]]

airport.\1\ The number of unscheduled operations is reduced from six 
per hour to three. This amendment does not affect scheduled operations 
at the airport.
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    \1\ On April 16, 2008, the FAA published a notice in the Federal 
Register seeking comment on reducing the number of unscheduled 
operations per hour at LaGuardia from six to three. 73 FR 20732; 
April 16, 2008.
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I. Background

    Due to LaGuardia's limited runway capacity, the airport cannot 
accommodate the number of flights that airlines and others would like 
to operate without causing significant congestion. The FAA has long 
limited the number of arrivals and departures at LaGuardia during peak 
demand periods through the promulgation and implementation of the High 
Density Rule (HDR).\2\ By statute enacted in April 2000, the HDR's 
applicability to LaGuardia operations terminated as of January 1, 
2007.\3\ On August 29, 2006, the FAA published a notice of proposed 
rulemaking (NPRM) in the Federal Register in anticipation of the HDR's 
expiration.\4\ In the NPRM, the agency proposed another congestion 
management program for LaGuardia, which, among other things, would 
continue to limit the number of scheduled and unscheduled operations at 
LaGuardia. Because the rulemaking was not completed before January 1, 
2007, the FAA, after notice and comment, adopted interim operational 
limitations on LaGuardia flights through the Order.\5\ Without the 
limits contained in the Order, the FAA projected that severe 
congestion-related delays would occur as a result of excessive demand 
at LaGuardia, leading to delays both at LaGuardia and at other airports 
throughout the National Airspace System.\6\
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    \2\ See 14 CFR part 93, subpart K.
    \3\ Aviation Investment and Reform Act for the 21st Century 
(AIR-21), Public Law 106-181 (April 5, 2000), 49 U.S.C. 41715(a)(2).
    \4\ 71 FR 51360.
    \5\ 71 FR 77854; December 27, 2006.
    \6\ Subsequent to this Order, the FAA published a Supplemental 
Notice of Proposed Rulemaking in the Federal Register that withdrew 
certain proposals and instead proposed two options to allocate the 
limited capacity at LaGuardia. See 73 FR 20846; April 17, 2008.
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    As part of that Order, the FAA imposed a reservation system for 
unscheduled operations at the airport. Specifically, the FAA provided 
that it would accommodate up to six unscheduled reservations per hour 
during the hours the airport was capped as long as the operators had 
secured a reservation with the Airport Reservation Office. The FAA has 
decided to reduce that number of available reservations from six to 
three per hour.
    The FAA and MITRE's Center for Advanced Aviation System Development 
(CAASD) have reviewed data on air traffic operations at LaGuardia for 
calendar year 2007 to determine the level of unscheduled operations at 
the airport. In 2007 there was an average of 36 weekday operations at 
the airport from 6 a.m. to 10 p.m., the period the Order is in effect. 
During the peak hours, unscheduled operations averaged three per hour.
    The FAA published an Order imposing a cap on operations at John F. 
Kennedy International Airport on January 18, 2008. That Order took 
effect March 30, 2008. In addition, the FAA published an Order imposing 
a cap on operations at Newark Liberty International Airport on May 21, 
2008.\7\ That Order took effect on June 20, 2008. In conjunction with 
those two orders, the FAA intends to restrict the number of unscheduled 
operations, other than helicopters, at both airports. The FAA has not 
proposed to restrict operations at Teterboro.
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    \7\ 73 FR 29550.
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    The FAA is concerned that restricting unscheduled operations at JFK 
and Newark could encourage operators to move their unscheduled 
operations from those airports to LaGuardia. Delay numbers at LaGuardia 
for 2007 were among the highest in the country. Thus, the FAA proposed 
to reduce the allowable number of unscheduled operations from six to 
three per hour.
    It is significant to note that additional reservations will be made 
available for unscheduled operations depending on the weather, runway 
configuration or less than anticipated delays. In such instances the 
FAA would likely allow more than three unscheduled operations in a 
given hour. It is unlikely that the FAA would know more than eight 
hours in advance whether additional capacity is available. If 
additional capacity is available, reservations would be allocated 
through the Airport Reservation Office's e-CVRS reservation system and 
not through the local air traffic control facilities.

II. Discussion of Comments

    Comments were submitted by the National Air Carrier Association 
(NACA) and two individuals responding to the proposal. NACA is 
concerned with the reduction in the number of reservations available 
for unscheduled operations. NACA complains that the FAA did not 
consider the ramifications of the orders on the New York region's 
airports as a whole and that the FAA's concern with additional 
unscheduled operations moving to LaGuardia from other constrained 
airports is unfounded.
    Contrary to NACA's assertions, this proposal was generated by the 
agency's concern on managing operations within the region. Consistent 
with this action, the FAA recently proposed limits for unscheduled 
operations at JFK and EWR.\8\ At these airports, the FAA proposed 
reductions in the number of unscheduled operations in the most 
congested hours. The FAA does not find it unreasonable to limit 
unscheduled operations at LaGuardia to their 2007 levels. In the New 
York area, the FAA must balance fair and reasonable access to 
congestion reduction and management goals. To reach these goals, the 
number of unscheduled operations cannot grow at LaGuardia, JFK or EWR. 
If weather conditions permit and additional operations can be 
accommodated without affecting delay, additional reservations will be 
made available.
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    \8\ FR 41156; July 17, 2008.
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    One individual seeks clarification as to whether visual flight 
rules (VFR) fixed-wing aircraft would be required to obtain 
reservations to operate at LaGuardia. The Notice of Order \9\ defines 
unscheduled operations as ``operations other than those regularly 
conducted by an air carrier between LaGuardia and another service 
point. Scheduled operations include general aviation, public aircraft, 
military, charter, ferry and position flights. Helicopter operations 
are excluded from the reservation requirements. Reservations for 
unscheduled flight operations 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.''
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    \9\ See footnote 23 in the December 27, 2006 Notice of Order.
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    A second individual requests all unscheduled flights be denied 
access to LaGuardia as the flights contribute to environmental damage 
and global warming effects.

III. Amendment to the Order

    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.

[[Page 48430]]

    2. The final Order takes effect on January 1, 2007, and will expire 
at the first change of the scheduling season occurring no less than 90 
days after the issuance of a final rule regulating congestion at 
LaGuardia.
    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. Non-emergency 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 August 12, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-19112 Filed 8-18-08; 8:45 am]
BILLING CODE 4910-13-P


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