10932 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices

management policy for the airport will

be developed with the participation of

all interested parties and can be

implemented. Consequently, the FAA

believes that an extension to September

15, 2001, of the current usage policy at

LaGuardia is warranted. The agency

amends the current policy by permitting

the temporary turn-in of AIR–21

exemption slots for weekend

frequencies only. The FAA believes that

the reduction in operations at the

airport as a result of the lottery will

reduce the level of delays experienced

by all operators. An extension of this

policy will continue to allow carriers to

realistically schedule their operations

through this temporary allocation

period.

Statement of Policy

As a result of the additional

operations and the impact on the

operating environment at LaGuardia, the

FAA extends the temporary policy

concerning the slot usage requirement

for operations at LaGuardia until

September 15, 2001.

The FAA will permit carriers

operating slots at LaGuardia to

temporarily return to the FAA slots

issued under the authority of 14 CFR

part 93. The FAA modifies the current

policy to permit the temporary turn-in

of AIR–21 slot exemptions for weekend

frequencies only. The agency believes

that the reduction in operations as a

result of the lottery supports this

modification to the current policy.

Carriers that plan to return slots or

weekend slot exemptions must notify

the FAA Slot Administration Office in

advance and provide the slot

withdrawal number, frequency and

effective period of the return. Slots and

slot exemptions returned to the FAA

under this policy will not be allocated

to any other carrier during the effective

period and will revert automatically to

the operator at the expiration of the

period for which it was returned.

Carriers must contact the FAA Slot

Administration Office concerning the

date and frequency of restart-up should

dates change. A carrier returning

weekend slot exemptions under this

policy will not need to recertify under

Order 2000–4–10 and Order 2000–4–11

provided that all other certified

conditions remain valid.

The FAA will treat a slot or slot

exemption as used if the flight was

scheduled but canceled for operational

reasons and the slot would not

otherwise have been subject to

withdrawal. In the use or lose reports

submitted to the FAA, carriers should

indicate that flight was scheduled and,

if appropriate, was canceled due to

operational reasons. Carriers may report

a slot or slot exemption as operated only

if the flight was in fact operated. The

FAA advises carriers to retain records of

such cancellations should the FAA

request additional documentation

regarding the reason for the

cancellation.

This temporary policy on

nonoperation or return of slots and

weekend slot exemptions does not

apply to the use or lose provisions for

slots at other high density traffic

airports unless the operator can provide

clear and convincing evidence that a

flight cancellation at that airport was

directly related to the non-operation of

a slot at LaGuardia, as described in the

policy statement. This policy is not

intended to provide blanket relief to any

slot operator not meeting the minimum

usage requirement due to reasons other

than those discussed previously. It is

also not intended to establish a basis for

the FAA to routinely consider delays

and traffic management programs as

grounds for a usage waiver. Any waiver

of the slot usage requirement at other

high density airports for non-operation

of flights at LaGuardia not covered by

this policy will continue to be processed

in accordance with 14 CFR 93.227.

Issued in Washington, DC, on February 14,

2001.

James W. Whitlow,

Deputy Chief Counsel.

[FR Doc. 01–4139 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice and

Receipt of Noise Computability

Program and Request for Review

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice.

SUMMARY: The Federal Aviation

Administration (FAA) announces its

determination that the noise exposure

maps submitted by Colorado Springs

Airport under the provisions of 49

U.S.C. 47503(a) and 14 CFR part 150 are

in compliance with applicable

requirements. The FAA also announces

that it is reviewing the proposed noise

compatibility program that was

submitted for Colorado Springs Airport

under part 150 in conjunction with the

noise exposure maps, and that this

program will be approved or

disapproved on or before August 7,

2001.

EFFECTIVE DATE: The effective date of the

FAA’s determination on the Colorado

Springs Airport noise exposure maps

and the start of its review of the

associated noise compatibility program

is February 8, 2001. The public

comment period ends March 23, 2001.

FOR FURTHER INFORMATION CONTACT:

Dennis Ossenkop, FAA, Airports

Division, ANM–611, 1601 Lind Avenue,

S.W., Renton, Washington, 98055–4056.

Comments on the proposed noise

compatibility program should also be

submitted to the above office.

SUPPLEMENTARY INFORMATION: This

notice announces that the FAA finds

that the noise exposure maps for

Colorado Springs Airport are in

compliance with applicable

requirements of part 150, effective

February 1, 2001. Further, FAA is

reviewing a proposed noise

compatibility program for that airport

which will be approved or disapproved

on or before August 7, 2001. This notice

also announces the availability of this

program for public review and

comment.

Under 49 U.S.C. 47503(a), an airport

operator may submit to the FAA a noise

exposure map which meets applicable

regulations and which depicts

noncompatible land uses as of the date

of submission of such map, description

of projected aircraft operations, and the

ways in which such operations will

affect such map. 49 U.S.C. 47503(a)(1)

requires such maps to be developed in

consultation with interested and

affected parties in the local community,

government agencies and persons using

the airport.

An airport operator who has

submitted a noise exposure map that

has been found by FAA to be in

compliance with the requirements of

Federal Aviation Regulation (FAR) part

150, promulgated pursuant to 49 U.S.C.

47503(a) may submit a noise

compatibility program for FAA approval

which sets forth the measures the

operator has taken or proposes for the

reduction of existing noncompatible

uses and for the prevention of the

introduction of additional

noncompatible uses.

The Director of Aviation for Colorado

Springs Airport submitted to the FAA

noise exposure maps, descriptions and

other documentation which were

produced during an airport Noise

Compatibility Study. It was requested

that the FAA review the noise exposure

maps, as described in 49 U.S.C. 47503.

It was also requested that the noise

mitigation measures be approved as a

noise compatibility program under 49

U.S.C. 47504.

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices 10933

The FAA has completed its review of

the noise exposure maps and related

descriptions submitted by Colorado

Springs Airport. The specific maps

under consideration are Figures C19 and

G1 in the submission. The FAA has

determined that these maps for

Colorado Springs Airport are in

compliance with applicable

requirements. This determination is

effective on February 8, 2001. FAA’s

determination on an airport operator’s

noise exposure maps is limited to the

determination that the maps were

developed in accordance with the

procedures contained in appendix A of

FAR part 150. Such determination does

not constitute approval of the

applicant’s data, information or plans,

or a commitment to approve a noise

compatibility program or to fund the

implementation of that program.

If questions arise concerning the

precise relationship of specific

properties to noise exposure contours

depicted on noise exposure maps

submitted under 49 U.S.C 47503, it

should be noted that the FAA is not

involved in any way in determining the

relative locations of specific properties

with regard to the depicted noise

contours, or in interpreting the noise

exposure maps to resolve questions

concerning, for example, which

properties should be covered by the

provisions of 49 U.S.C. 47507. These

functions are inseparable from the

ultimate land use control and planning

responsibilities of local government.

These local responsibilities are not

changed in any way under part 150 or

through FAA’s review of noise exposure

maps. Therefore, the responsibility for

the detailed overlaying of noise

exposure contours onto the maps

depicting properties on the surface rests

exclusively with the airport operator

which submitted those maps, or with

those public agencies and planning

agencies with which consultation is

required under 49 U.S.C. 47503 (a)(1).

The FAA has relied on the certification

by the airport operator, under section

150.21 of the FAR part 150, that the

statutorily required consultation has

been accomplished.

The FAA has formally received the

noise compatibility program for

Colorado Springs Airport, also effective

on February 8, 2001. Preliminary review

of the submitted material indicates that

it conforms to the requirements for the

submittal of noise compatibility

programs, but that further review will be

necessary prior to approval or

disapproval of the program. The formal

review period, limited by law to a

maximum of 180 days, will be

completed on or before August 8, 2001.

The FAA’s detailed evaluation will be

conducted under the provisions of 14

CFR 150.33. The primary considerations

in the evaluation process are whether

the proposed measures may reduce the

level of aviation safety, create an undue

burden on interstate or foreign

commerce, or be reasonably consistent

with obtaining the goal of reducing

existing noncompatible land uses and

preventing the introduction of

additional noncompatible land uses.

Interested persons are invited to

comment on the proposed program with

specific reference to these factors. All

comments, other than those properly

addressed to the local land use

authorities, will be considered by the

FAA to the extent practicable. Copies of

the noise exposure maps, the FAA’s

evaluation of the maps, and the

proposed noise compatibility program

are available for examination at the

following locations:

Federal Aviation Administration, 800

Independence Avenue, SW, room 615,

Washington, DC

Federal Aviation Administration, Airports

Division, 1601 Lind Avenue, SW., Renton,

Washington

Federal Aviation Administration, Denver

Airports District Office, 26805 E. 68th Ave.

Suite 224, Denver, Colorado

Colorado Springs Airport, Colorado Springs,

CO.

Questions may be directed to the

individual named above under the

heading, FOR FURTHER INFORMATION

CONTACT.

Issued in Renton, Washington, February 8,

2001.

Matthew J. Cavanaugh,

Acting Manager, Airports Division, ANM–600,

Northwest Mountain Region.

[FR Doc. 01–4155 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA–2000–8278]

High Density Airports; Disposition of

Comments From Lottery of Slot

Exemptions at LaGuardia Airport

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Disposition of comments.

SUMMARY: This notice disposes of

comments filed in the docket

concerning the lottery of slot

exemptions at LaGuardia Airport.

FOR FURTHER INFORMATION CONTACT:

David L. Bennett, Office of Airport

Safety and Standards, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION

Background

On December 4, 2000, the FAA

conducted a lottery to reallocate slot

exemptions at LaGuardia Airport that

were authorized under the ‘‘Wendell H.

Ford Aviation Investment and Reform

Act for the 21st Century’’ (‘‘AIR–21’’).

At the lottery, participants were invited

to comment on the lottery procedures by

submitting written comments to the

docket. The FAA advised that all

comments received would be addressed

via a notice in the Federal Register.

Disposition of Comments

Comments were submitted from

Midwest Express Airlines (‘‘Midwest

Express’’), the Air Carrier Association of

America (‘‘ACAA’’), Delta Air Lines,

Inc. (‘‘Delta’’) and US Airways, Inc.

(‘‘US Airways’’).

US Airways commented that if

Legend Airlines does not commence

operations and Legend’s slots are

allocated in accordance with the

contingency round, then US Airways

should be next in line to select an

additional slot, should one become

available for whatever reason. (US

Airways bases this comment on the fact

that it received only one exemption

time, while the other three participating

carriers received two exemptions each.)

US Airways also requests that should

additional slots become available before

September 15, 2001, it should be given

the opportunity to trade the 2100-hour

slot exemption that it received during

the Legend contingency round for

another slot. The 2100-hour slot

exemption was not the slot time

selected by Legend, but rather was a

replacement for an 1800-hour

exemption. US Airways obtained the

2100-hour slot time only because the

real slot time selected by Legend was

over subscribed.

Delta commented that the FAA

should reject US Airways second

request to trade the 2100-hour slot

exemption should additional

exemptions become available. Delta

argues that US Airways’ situation is

solely the product of the lottery

procedure established by the FAA and

there is no legitimate basis to give US

Airways priority over Delta who was

forced to eliminate more flights at

LaGuardia than any other carrier.

ACAA does not support US Airways

comments and further proposes that any

carrier that does not utilize a slot

selected at the lottery by February 1,

2001, should be prohibited from

exchanging that slot for another slot.