Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 27059 

1Order Limiting Scheduled Operations at John F. 

Kennedy International Airport, 73 FR 3510 (Jan. 18, 

2008); 73 FR 8737 (Feb. 14, 2008) (amendment to 

order). 

2The FAA is separately accepting comments on 

a proposal to extend the May 15, 2008, order 

limiting scheduled operations at Newark Liberty 

International Airport (Newark). The public may file 

or review documents related to the Newark order 

in Docket FAA–2008–0221. 

3The FAA’s authority to convene such 

scheduling reduction meetings is set forth at 49 

U.S.C. 41722. 

Type of Request: Revision of an 

approved collection. 

OMB Control Number: 2120–0045. 

Forms(s): Form 5200–7. 

Affected Public: A total of 7,666 

Respondents. 

Frequency: The information is 

collected on occasion. 

Estimated Average Burden per 

Response: Approximately 5 minutes per 

response. 

Estimated Annual Burden Hours: An 

estimated 613 hours annually. 

Abstract: Wildlife strike data are 

collected to develop standards and 

monitor hazards to aviation. Data 

identify wildlife strike control 

requirements and provide in-service 

data on aircraft component failure. The 

FAA form 5200–7, Bird/Other Wildlife 

Strike Report, is most often completed 

by the pilot-in-charge of an aircraft 

involved in a wildlife collision or by Air 

Traffic Control Tower personnel, or 

other airline or airport personnel who 

have knowledge of the incident. 

ADDRESSES: Send comments to the FAA 

at the following address: Ms. Carla 

Mauney, Room 712, Federal Aviation 

Administration, IT Enterprises Business 

Services Division, AES–200, 800 

Independence Ave., SW., Washington, 

DC 20591. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimates of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility and clarity of the information to 

he collected and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued in Washington, DC, on May 27, 

2009. 

Carla Mauney, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, AES–200. 

[FR Doc. E9–12973 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration (FAA) 

[Docket No. FAA–2007–29320] 

Operating Limitations at John F. 

Kennedy International Airport 

ACTION: Notice of order to show cause 

and request for information. 

SUMMARY: The FAA is issuing an order 

to show cause, which solicits the views 

of interested persons on the FAA’s 

tentative determination to extend 

through October 30, 2010, the January 

15, 2008 order limiting the number of 

scheduled aircraft arrivals at John F. 

Kennedy International Airport during 

peak operating hours. The text of the 

order to show cause is set forth in this 

notice. 

DATES: Any written information that 

responds to the FAA’s order to show 

cause must be submitted by June 19, 

2009. 

ADDRESSES: You may submit written 

information, identified by docket 

number FAA–2007–29320, by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

• Mail: Send comments by mail to 

Docket Operations, U.S. Department of 

Transportation, M–30, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. Persons 

wishing to receive confirmation of 

receipt of their written submission 

should include a self-addressed 

stamped postcard. 

• Hand Delivery: Deliver comments to 

Docket Operations in Room W12–140 

on the ground floor of the West Building 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Facsimile: Fax comments to the 

docket operations personnel at 202– 

493–2251. 

Privacy: We will post all comments 

that we receive, without change, at 

http://www.regulations.gov, including 

any personal information that you 

provide. Using the search function of 

the docket Web site, anyone can find 

and read the electronic form of all 

comments in any of our dockets, 

including the name of the individual 

sending the comment or signing the 

comment on behalf of an association, 

business, labor union, or other entity or 

organization. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register at 65 FR 19477–78 

(April 11, 2000), or you may find it at 

http://docketsinfo.dot.gov. 

Reviewing the docket: To read 

background documents or comments 

received, go to http:// 

www.regulations.gov at any time and 

follow the online instructions for 

accessing the docket; or go to Docket 

Operations in Room W12–140 on the 

ground floor of the West Building 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: 

James W. Tegtmeier, Associate Chief 

Counsel for the Air Traffic Organization; 

telephone—(202) 267–8323; e-mail— 

james.tegtmeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Order To Show Cause 

The Federal Aviation Administration 

(FAA) has tentatively determined that it 

will extend through October 30, 2010, 

the FAA’s January 15, 2008 order 

limiting scheduled operations at John F. 

Kennedy International Airport (JFK), as 

amended (January 2008 order).1 This 

order to show cause invites air carriers 

and other interested persons to submit 

comments in Docket FAA–2007–29320 

on this proposal to extend the duration 

of the January 2008 order.2

The January 2008 order followed a 

period during which JFK operated 

without any regulatory constraint on the 

number of aircraft operations, and JFK 

experienced significant congestionrelated delay. As a result of these 

delays, the FAA invited all scheduled 

air carriers to a scheduling reduction 

meeting to discuss overscheduling at the 

airport, voluntary schedule reductions, 

and retiming flights to less congested 

periods.3 The scheduling reduction 

meeting and subsequent negotiations 

led the FAA to issue the January 2008 

order, which limited the number of 

scheduled operations conducted by U.S. 

and Canadian air carriers at JFK and 

recognized the approved operations of 

other foreign air carriers during peak 

operating hours. The order took effect 

March 30, 2008, and in the absence of 

an extension, it will expire on October 

24, 2009. 

The FAA established the order’s 

October 2009 expiration date to permit 

time to promulgate a final rule that 

would control congestion at JFK, and 

the FAA adopted a final rule to manage 

congestion at JFK that would have 

continued operational limits at the 

airport beyond October 2009. 73 FR 

60544 (Oct. 10, 2008). However, the rule 

was stayed by the U.S. Court of Appeals 


erowe on PROD1PC63 with NOTICES
27060 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 

1Order Limiting Scheduled Operations at Newark 

Liberty International Airport, 73 FR 29,550 (May 21, 

2008). 

2The FAA is separately accepting comments on 

a proposal to extend the January 15, 2008 order 

limiting scheduled operations at John F. Kennedy 

Liberty International Airport (JFK). The public may 

file or review documents related to the JFK order 

in Docket FAA–2007–29320. 

for the District of Columbia Circuit prior 

to the rule’s December 9, 2008 effective 

date. The FAA is currently soliciting 

comments on a proposal to rescind the 

final rule. 74 FR 22714 (May 14, 2009). 

As a result of the FAA’s reconsideration 

of the rule, the court is holding in 

abeyance the briefing schedule in the 

rule’s associated litigation. 

In light of the events that have 

transpired since the January 2008 order 

took effect, it is now unlikely that the 

FAA will have an effective final rule on 

the January 2008 order’s original 

expiration date. In the absence of the 

FAA’s extension of the order, the FAA 

anticipates a return of the congestionrelated delays that precipitated the 

voluntary schedule reductions and 

adjustments reflected in the January 

2008 order. The hourly capacity at JFK 

has not increased significantly since the 

order took effect last spring. Because the 

demand for operations at New York-area 

airports remains high, the FAA has 

determined that an extension of the 

January 2008 order appears to be 

appropriate while the FAA identifies 

the appropriate long-term solution to 

congestion at JFK. 

Order to Show Cause: To prevent a 

recurrence of overscheduling at JFK 

during the interim between the 

expiration of the January 2008 order on 

October 24, 2009, and the effective date 

of a replacement rule, the FAA 

tentatively intends to extend the January 

2008 order. The limit on scheduled 

operations that is embodied in the order 

reflects the FAA’s agreements with U.S. 

and foreign air carriers. As a result, 

maintaining the order for an additional, 

finite period constitutes a reasonable 

approach to preventing unacceptable 

congestion and delays at JFK until a 

long-term measure is implemented. The 

January 2008 order, as extended, would 

expire on October 30, 2010. 

Accordingly, the FAA directs all 

interested persons to show cause why 

the FAA should not make final its 

tentative findings and tentative decision 

to extend the January 2008 order 

through October 30, 2010, by filing their 

written views in Docket FAA–2007– 

29320. The FAA does not intend this 

request for the views of interested 

persons to address any issues related to 

the existing final rule or any future 

congestion management rule. Therefore, 

any submission to the current docket 

should be limited to the proposed 

extension of the January 2008 order. 

Issued in Washington, DC, on May 29, 

2009. 

Rebecca MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. E9–13192 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration (FAA) 

[Docket No. FAA–2008–0221] 

Operating Limitations at Newark 

Liberty International Airport 

ACTION: Notice of order to show cause 

and request for information. 

SUMMARY: The FAA is issuing an order 

to show cause, which solicits the views 

of interested persons on the FAA’s 

tentative determination to extend 

through October 30, 2010, the May 15, 

2008 order limiting the number of 

scheduled aircraft arrivals at Newark 

Liberty International Airport during 

peak operating hours. The text of the 

order to show cause is set forth in this 

notice. 

DATES: Any written information that 

responds to the FAA’s order to show 

cause must be submitted by June 19, 

2009. 

ADDRESSES: You may submit written 

information, identified by docket 

number FAA–2008–0221, by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

• Mail: Send comments by mail to 

Docket Operations, U.S. Department of 

Transportation, M–30, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. Persons 

wishing to receive confirmation of 

receipt of their written submission 

should include a self-addressed 

stamped postcard. 

• Hand Delivery: Deliver comments to 

Docket Operations in Room W12–140 

on the ground floor of the West Building 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Facsimile: Fax comments to the 

docket operations personnel at 202– 

493–2251. 

Privacy: We will post all comments 

that we receive, without change, at 

http://www.regulations.gov, including 

any personal information that you 

provide. Using the search function of 

the docket website, anyone can find and 

read the electronic form of all comments 

in any of our dockets, including the 

name of the individual sending the 

comment or signing the comment on 

behalf of an association, business, labor 

union, or other entity or organization. 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register at 65 FR 19477–78 (April 11, 

2000), or you may find it at http:// 

docketsinfo.dot.gov. 

Reviewing the Docket: To read 

background documents or comments 

received, go to http:// 

www.regulations.gov at any time and 

follow the online instructions for 

accessing the docket; or go to Docket 

Operations in Room W12–140 on the 

ground floor of the West Building 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: 

James W. Tegtmeier, Associate Chief 

Counsel for the Air Traffic Organization; 

telephone—(202) 267–8323; e-mail— 

james.tegtmeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Order To Show Cause 

The Federal Aviation Administration 

(FAA) has tentatively determined that it 

will extend through October 30, 2010, 

the FAA’s May 15, 2008 order limiting 

scheduled operations at Newark Liberty 

International Airport (EWR) (May 2008 

order).1 This order to show cause invites 

air carriers and other interested persons 

to submit comments in Docket FAA– 

2008–0221 on this proposal to extend 

the duration of the May 2008 order.2

The May 2008 order followed a period 

of elevated, congestion-related delays at 

the New York area’s three commercial 

airports, culminating in the FAA’s 

issuance of an order limiting scheduled 

operations at JFK in January 2008. To 

prevent new flights from moving to 

EWR, which was already prone to 

delays and scheduled near or above its 

average hourly runway capacity during 

many peak hours, the FAA engaged the 

U.S. and foreign air carriers serving 

EWR to reduce the number of scheduled 

operations during peak hours and to 

move operations to less congested 

hours. The May 2008 order captured the 

agreed upon schedules and limited the 

number of scheduled operations 

conducted by U.S. and foreign air 


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