80_FR_12400 80 FR 12355 - Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport; Extension of Comment Period; Availability of Further Data; Request for Public Meeting

80 FR 12355 - Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport; Extension of Comment Period; Availability of Further Data; Request for Public Meeting

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12355-12357
FR Document2015-05381

This action extends the comment period for a notice of proposed rulemaking (NPRM) published on January 8, 2015. In the NPRM, the U.S. Department of Transportation (DOT) and the FAA proposed to replace the Orders limiting scheduled operations at John F. Kennedy International Airport (JFK) and Newark Liberty International Airport (EWR), and limiting scheduled and unscheduled operations at LaGuardia Airport (LGA). The Orders are scheduled to expire when the rulemaking is final and in effect, but not later than October 29, 2016. The proposed rule is intended to provide a longer-term and comprehensive approach to slot management at JFK, EWR, and LGA. The FAA has also placed further information in support of the proposal in the docket for this rulemaking. Finally, this document responds to a request for a public meeting regarding this rulemaking.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12355-12357]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2014-1073; Notice No. 14-11A]
RIN 2120-AJ89


Slot Management and Transparency for LaGuardia Airport, John F. 
Kennedy International Airport, and Newark Liberty International 
Airport; Extension of Comment Period; Availability of Further Data; 
Request for Public Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking; Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: This action extends the comment period for a notice of 
proposed rulemaking (NPRM) published on January 8, 2015. In the NPRM, 
the U.S. Department of Transportation (DOT) and the FAA proposed to 
replace the Orders limiting scheduled operations at John F. Kennedy 
International Airport (JFK) and Newark Liberty International Airport 
(EWR), and limiting scheduled and unscheduled operations at LaGuardia 
Airport (LGA). The Orders are scheduled to expire when the rulemaking 
is final and in effect, but not later than October 29, 2016. The 
proposed rule is intended to provide a longer-term and comprehensive 
approach to slot management at JFK, EWR, and LGA.
    The FAA has also placed further information in support of the 
proposal in the docket for this rulemaking.
    Finally, this document responds to a request for a public meeting 
regarding this rulemaking.

DATES: The comment period for the NPRM is extended until May 8, 2015.

ADDRESSES: You may send comments identified by docket number FAA-2014-
1073 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor 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: For technical questions concerning 
this action, contact Molly Smith, Office of Aviation Policy and Plans, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-3274; email 
[email protected]; Susan Pfingstler, System Operations Services, 
Air Traffic Organization,

[[Page 12356]]

Federal Aviation Administration, 600 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-6462; email 
[email protected]; or Peter Irvine, U.S. Department of 
Transportation, Office of Aviation Analysis, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone (202) 366-3156; email: 
[email protected].
    For legal questions concerning this action, contact Bonnie 
Dragotto, Office of the Chief Counsel, Regulations Division, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3808; email [email protected]; or 
Cindy Baraban, U.S. Department of Transportation, Office of the General 
Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone 
(202) 366-9159; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On January 8, 2015, the DOT and the FAA published an NPRM entitled 
``Slot Management and Transparency for LaGuardia Airport, John F. 
Kennedy International Airport, and Newark Liberty International 
Airport'' (80 FR 1274). Comments regarding the proposal were to be 
received on or before April 8, 2015.
    By letters posted to the public docket, Airlines for America and 
the International Air Transport Association, as well as the Airports 
Council International-North America, American Association of Airport 
Executives, the Port Authority of New York and New Jersey (Port 
Authority), and the Regional Plan Association, have requested that the 
comment period for the NPRM be extended for an additional 60 days up to 
and including June 8, 2015. In support of the extension request, the 
petitioners noted that the NPRM was lengthy and technical in nature, 
and included approximately 40 questions for comment, some of which 
require the public to analyze the impact of the provisions on 
operations at the affected airports and submit supporting data and 
analysis of the anticipated impacts.
    While the DOT and the FAA concur with the petitioners' requests for 
an extension of the comment period for the NPRM, we are not persuaded 
that an additional 60 days is necessary to provide comment on this 
proposal. The DOT and the FAA find that providing an additional 30 days 
is sufficient for these petitioners to analyze the NPRM and provide 
meaningful comment.
    Absent unusual circumstances, we do not anticipate any further 
extension of the comment period for this rulemaking.

Request for Data and Analysis

    The petitioners also requested that the FAA provide certain data 
and analysis referenced in the NPRM and the regulatory impact analysis 
(RIA) accompanying the rule. Specifically, the petitioners requested 
that the FAA provide all models, data and analysis, including the MITRE 
queuing models and the University of Maryland (UMD) Delay Model, as 
well as the raw data used in the model to forecast the impact of the 
changes as a result of the proposed use-or-lose requirement.
    As described in the NPRM, MITRE Center for Advanced Aviation System 
Development (CAASD) Modeling and Analysis conducted a series of 
operational analyses and modeling for the FAA. In response to the 
petitioners' requests, the following documents have been placed in the 
docket for this rulemaking:
     Overview of MITRE Queuing Delay Model;
     Modeling reflecting Summer 2008 Orders Limiting Scheduled 
Operations at JFK and EWR;
     Additional Scheduled Operations Analysis for JFK and EWR;
     Airport Runway Capacity Analyses for JFK, LGA, and EWR;
     Operational Performance Analyses for JFK, LGA, and EWR; 
and
     Historical Unscheduled Traffic Counts at JFK, LGA, and 
EWR.
    The FAA has also placed the UMD Delay Model and supporting data, as 
used in the RIA, in the docket for this rulemaking.
    Additionally, the Port Authority requested slot utilization records 
including slot holder, operator, and terms of any slot lease and trade 
agreements in a form such as a Microsoft Excel spreadsheet or Microsoft 
Access database. The FAA does not track or maintain slot information in 
the form and manner as requested. The FAA also does not have 
information on the terms of slot leases or trade agreements, as the 
current Orders do not require carriers to submit terms to the FAA. 
Nonetheless, additional information to address this request has been 
placed in the docket, including information to help the public 
understand this proposal as well as information relied upon by the 
agency in developing the NPRM. This additional information includes:
     Slot allocation reports for summer and winter seasons from 
2009-2012 (January and July) for JFK, LGA, and EWR.
     Uneven slot transfers at JFK, LGA, and EWR from 2009-2012 
reflecting slots that were transferred between carriers on other than a 
one-for-one basis at the same airport. Transfers between carriers under 
unified market control, such as mainline and regional partners, are not 
included in the uneven transfer lists.
     Slot allocation reports for Mondays in August 2009 to 
reflect the analysis of scheduled and actual operations compared to 
allocated slots as discussed in the RIA.
     Scheduled flight information from FAA's Innovata data base 
for Mondays in August 2009. Slot usage information is submitted to the 
FAA in various formats by carriers to report their actual operations 
using an allocated slot. Under current practice, the FAA uses this 
information along with supporting FAA air traffic control and 
operational data to determine if the minimum usage requirement has been 
met by a particular operator. The FAA uses information on actual and 
planned flights, rather than carrier slot usage reports, for 
operational and historical trend analyses at slot controlled 
airports.\1\ Scheduled demand was compared to allocated slots, as 
discussed in the RIA. Information on published schedules for other 
dates is available from commercial and other sources outside the FAA.
---------------------------------------------------------------------------

    \1\ The NPRM discusses slot usage reporting practices permitted 
under the current Orders, which allow carriers to optimize slot use 
by distributing flights between all the slots the carrier holds in a 
particular half-hour slot time. 80 FR 1287 (Jan. 8, 2015). The FAA 
observes the results of this practice using operational data.
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Request for Public Meeting

    By letter posted to the public docket on February 17, 2015, the 
National Air Transportation Association requested that the DOT and the 
FAA hold a public meeting to allow affected stakeholders to ask 
clarifying questions and discuss the NPRM. The DOT and the FAA have 
carefully considered this request.
    In light of the comment period extension and additional information 
provided for review, analysis, and comment, the DOT and the FAA will 
not hold a public meeting at this time. We encourage all interested 
persons to submit detailed comments on the NPRM to the docket. All 
comments submitted to the docket will be considered by the agency in 
developing a final rule. The submission of comments to the public 
docket provides the most transparent means for all interested parties 
to participate at this stage in the rulemaking process.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the

[[Page 12357]]

DOT and the FAA have reviewed the petitions for an extension of the 
comment period for the proposal. The petitioners have shown a 
substantive interest in the proposed rule and good cause for extending 
the comment period.
    Accordingly, the comment period for the NPRM is extended until May 
8, 2015.

Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the DOT and the FAA will consider all comments received on or 
before the closing date for comments. We will also consider comments 
filed after the comment period has closed if it is possible to do so 
without incurring expense or delay. The agency may change this proposal 
in light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD ROM, mark the outside of the disk or CD ROM, and identify 
electronically within the disk or CD ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under the DOT 
procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from 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 Publishing Office's Web page at http://www.thefederalregister.org/fdsys/.
    Copies may also be obtained 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

    Issued under authority provided by 49 U.S.C. 106(f) in 
Washington, DC, on March 3, 2015.
Richard M. Swayze,
Assistant Administrator for Policy, International Affairs, and 
Environment.
[FR Doc. 2015-05381 Filed 3-6-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                         Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules                                            12355

                                                airport has been abandoned, therefore,                  PART 71—DESIGNATION OF CLASS A,                         The Orders are scheduled to expire
                                                the airspace is no longer necessary.                    B, C, D, AND E AIRSPACE AREAS; AIR                      when the rulemaking is final and in
                                                   Class E airspace designations are                    TRAFFIC SERVICE ROUTES; AND                             effect, but not later than October 29,
                                                published in Paragraph 6005 of FAA                      REPORTING POINTS                                        2016. The proposed rule is intended to
                                                Order 7400.9Y, dated August 6, 2014,                                                                            provide a longer-term and
                                                and effective September 15, 2014, which                 ■ 1. The authority citation for Part 71                 comprehensive approach to slot
                                                is incorporated by reference in 14 CFR                  continues to read as follows:                           management at JFK, EWR, and LGA.
                                                71.1. The Class E airspace designation                    Authority: 49 U.S.C. 106(g); 40103, 40113,               The FAA has also placed further
                                                listed in this document will be                         40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–             information in support of the proposal
                                                published subsequently in the Order.                    1963 Comp., p. 389.                                     in the docket for this rulemaking.
                                                   The FAA has determined that this                                                                                Finally, this document responds to a
                                                                                                        § 71.1       [Amended]                                  request for a public meeting regarding
                                                proposed regulation only involves an
                                                established body of technical                           ■ 2. The incorporation by reference in                  this rulemaking.
                                                regulations for which frequent and                      14 CFR 71.1 of FAA Order 7400.9Y,                       DATES: The comment period for the
                                                routine amendments are necessary to                     Airspace Designations and Reporting                     NPRM is extended until May 8, 2015.
                                                keep them operationally current. It,                    Points, dated August 6, 2014, effective                 ADDRESSES: You may send comments
                                                therefore, (1) is not a ‘‘significant                   September 15, 2014, is amended as                       identified by docket number FAA–
                                                regulatory action’’ under Executive                     follows:                                                2014–1073 using any of the following
                                                Order 12866; (2) is not a ‘‘significant                 Paragraph 6005 Class E Airspace Areas                   methods:
                                                rule’’ under DOT Regulatory Policies                    Extending Upward From 700 Feet or More                    • Federal eRulemaking Portal: Go to
                                                and Procedures (44 FR 11034; February                   Above the Surface of the Earth.                         http://www.regulations.gov and follow
                                                26, 1979); and (3) does not warrant                     *        *      *      *       *                        the online instructions for sending your
                                                preparation of a Regulatory Evaluation                                                                          comments electronically.
                                                                                                        ASO TN E5         Lexington, TN [Removed]
                                                as the anticipated impact is so minimal.                                                                          • Mail: Send comments to Docket
                                                Since this is a routine matter that will                  Issued in College Park, Georgia, on                   Operations, M–30; U.S. Department of
                                                only affect air traffic procedures and air              February 25, 2015.                                      Transportation (DOT), 1200 New Jersey
                                                navigation, it is certified that this                   Gerald E. Lynch,                                        Avenue SE., Room W12–140, West
                                                proposed rule, when promulgated, will                   Acting Manager, Operations Support Group,               Building Ground Floor, Washington, DC
                                                not have a significant economic impact                  Eastern Service Center, Air Traffic                     20590–0001.
                                                on a substantial number of small entities               Organization.                                              • Hand Delivery or Courier: Take
                                                under the criteria of the Regulatory                    [FR Doc. 2015–05114 Filed 3–6–15; 8:45 am]              comments to Docket Operations in
                                                Flexibility Act.                                        BILLING CODE 4910–13–P                                  Room W12–140 of the West Building
                                                   The FAA’s authority to issue rules                                                                           Ground Floor at 1200 New Jersey
                                                regarding aviation safety is found in                                                                           Avenue SE., Washington, DC, between 9
                                                Title 49 of the United States Code.                     DEPARTMENT OF TRANSPORTATION                            a.m. and 5 p.m., Monday through
                                                Subtitle I, Section 106 describes the                                                                           Friday, except Federal holidays.
                                                authority of the FAA Administrator.                     Federal Aviation Administration                            • Fax: Fax comments to Docket
                                                Subtitle VII, Aviation Programs,                                                                                Operations at 202–493–2251.
                                                describes in more detail the scope of the               14 CFR Part 93                                             Privacy: In accordance with 5 U.S.C.
                                                agency’s authority. This proposed                       [Docket No. FAA–2014–1073; Notice No. 14–               553(c), DOT solicits comments from the
                                                rulemaking is promulgated under the                     11A]                                                    public to better inform its rulemaking
                                                authority described in Subtitle VII, Part                                                                       process. DOT posts these comments,
                                                A, Subpart I, Section 40103. Under that                 RIN 2120–AJ89                                           without edit, including any personal
                                                section, the FAA is charged with                                                                                information the commenter provides, to
                                                                                                        Slot Management and Transparency                        www.regulations.gov, as described in
                                                prescribing regulations to assign the use
                                                                                                        for LaGuardia Airport, John F.                          the system of records notice (DOT/ALL–
                                                of airspace necessary to ensure the
                                                                                                        Kennedy International Airport, and                      14 FDMS), which can be reviewed at
                                                safety of aircraft and the efficient use of
                                                                                                        Newark Liberty International Airport;                   www.dot.gov/privacy.
                                                airspace. This proposed regulation is
                                                                                                        Extension of Comment Period;                               Docket: Background documents or
                                                within the scope of that authority as it
                                                                                                        Availability of Further Data; Request                   comments received may be read at
                                                would remove Class E airspace at
                                                                                                        for Public Meeting                                      http://www.regulations.gov at any time.
                                                Franklin Wilkins Airport, Lexington,
                                                TN.                                                     AGENCY: Federal Aviation                                Follow the online instructions for
                                                   This proposal would be subject to an                 Administration (FAA), DOT.                              accessing the docket or Docket
                                                environmental analysis in accordance                    ACTION: Notice of proposed rulemaking;
                                                                                                                                                                Operations in Room W12–140 of the
                                                with FAA Order 1050.1E,                                 Extension of comment period.                            West Building Ground Floor at 1200
                                                ‘‘Environmental Impacts: Policies and                                                                           New Jersey Avenue SE., Washington,
                                                Procedures’’ prior to any FAA final                     SUMMARY:   This action extends the                      DC, between 9 a.m. and 5 p.m., Monday
                                                regulatory action.                                      comment period for a notice of                          through Friday, except Federal holidays.
                                                                                                        proposed rulemaking (NPRM) published                    FOR FURTHER INFORMATION CONTACT: For
                                                Lists of Subjects in 14 CFR Part 71                     on January 8, 2015. In the NPRM, the                    technical questions concerning this
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                 Airspace, Incorporation by reference,                  U.S. Department of Transportation                       action, contact Molly Smith, Office of
                                                Navigation (air).                                       (DOT) and the FAA proposed to replace                   Aviation Policy and Plans, Federal
                                                                                                        the Orders limiting scheduled                           Aviation Administration, 800
                                                The Proposed Amendment
                                                                                                        operations at John F. Kennedy                           Independence Avenue SW.,
                                                  In consideration of the foregoing, the                International Airport (JFK) and Newark                  Washington, DC 20591; telephone (202)
                                                Federal Aviation Administration                         Liberty International Airport (EWR), and                267–3274; email molly.w.smith@faa.gov;
                                                proposes to amend 14 CFR part 71 as                     limiting scheduled and unscheduled                      Susan Pfingstler, System Operations
                                                follows:                                                operations at LaGuardia Airport (LGA).                  Services, Air Traffic Organization,


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                                                12356                    Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules

                                                Federal Aviation Administration, 600                    Request for Data and Analysis                         carriers on other than a one-for-one
                                                Independence Avenue SW.,                                   The petitioners also requested that the            basis at the same airport. Transfers
                                                Washington, DC 20591; telephone (202)                   FAA provide certain data and analysis                 between carriers under unified market
                                                267–6462; email susan.pfingstler@                       referenced in the NPRM and the                        control, such as mainline and regional
                                                faa.gov; or Peter Irvine, U.S. Department               regulatory impact analysis (RIA)                      partners, are not included in the uneven
                                                of Transportation, Office of Aviation                   accompanying the rule. Specifically, the              transfer lists.
                                                Analysis, 1200 New Jersey Avenue SE.,                                                                            • Slot allocation reports for Mondays
                                                                                                        petitioners requested that the FAA
                                                Washington, DC 20590; telephone (202)                                                                         in August 2009 to reflect the analysis of
                                                                                                        provide all models, data and analysis,
                                                366–3156; email: peter.irvine@dot.gov.                                                                        scheduled and actual operations
                                                                                                        including the MITRE queuing models
                                                   For legal questions concerning this                                                                        compared to allocated slots as discussed
                                                                                                        and the University of Maryland (UMD)
                                                action, contact Bonnie Dragotto, Office                                                                       in the RIA.
                                                                                                        Delay Model, as well as the raw data
                                                of the Chief Counsel, Regulations                                                                                • Scheduled flight information from
                                                Division, Federal Aviation                              used in the model to forecast the impact
                                                                                                                                                              FAA’s Innovata data base for Mondays
                                                Administration, 800 Independence                        of the changes as a result of the
                                                                                                                                                              in August 2009. Slot usage information
                                                Avenue SW., Washington, DC 20591;                       proposed use-or-lose requirement.
                                                                                                                                                              is submitted to the FAA in various
                                                telephone (202) 267–3808; email                            As described in the NPRM, MITRE
                                                                                                                                                              formats by carriers to report their actual
                                                bonnie.dragotto@faa.gov; or Cindy                       Center for Advanced Aviation System
                                                                                                                                                              operations using an allocated slot.
                                                Baraban, U.S. Department of                             Development (CAASD) Modeling and
                                                                                                                                                              Under current practice, the FAA uses
                                                Transportation, Office of the General                   Analysis conducted a series of
                                                                                                                                                              this information along with supporting
                                                Counsel, 1200 New Jersey Avenue SE.,                    operational analyses and modeling for
                                                                                                                                                              FAA air traffic control and operational
                                                Washington, DC 20590; telephone (202)                   the FAA. In response to the petitioners’
                                                                                                                                                              data to determine if the minimum usage
                                                366–9159; email cindy.baraban@                          requests, the following documents have
                                                                                                                                                              requirement has been met by a
                                                dot.gov.                                                been placed in the docket for this
                                                                                                                                                              particular operator. The FAA uses
                                                                                                        rulemaking:
                                                SUPPLEMENTARY INFORMATION:                                                                                    information on actual and planned
                                                                                                           • Overview of MITRE Queuing Delay
                                                                                                                                                              flights, rather than carrier slot usage
                                                Background                                              Model;
                                                                                                                                                              reports, for operational and historical
                                                                                                           • Modeling reflecting Summer 2008
                                                   On January 8, 2015, the DOT and the                                                                        trend analyses at slot controlled
                                                                                                        Orders Limiting Scheduled Operations
                                                FAA published an NPRM entitled ‘‘Slot                                                                         airports.1 Scheduled demand was
                                                                                                        at JFK and EWR;
                                                Management and Transparency for                                                                               compared to allocated slots, as
                                                                                                           • Additional Scheduled Operations
                                                LaGuardia Airport, John F. Kennedy                                                                            discussed in the RIA. Information on
                                                                                                        Analysis for JFK and EWR;
                                                International Airport, and Newark                                                                             published schedules for other dates is
                                                                                                           • Airport Runway Capacity Analyses
                                                Liberty International Airport’’ (80 FR                                                                        available from commercial and other
                                                                                                        for JFK, LGA, and EWR;
                                                1274). Comments regarding the proposal                                                                        sources outside the FAA.
                                                                                                           • Operational Performance Analyses
                                                were to be received on or before April
                                                                                                        for JFK, LGA, and EWR; and                            Request for Public Meeting
                                                8, 2015.
                                                   By letters posted to the public docket,                 • Historical Unscheduled Traffic
                                                                                                                                                                By letter posted to the public docket
                                                Airlines for America and the                            Counts at JFK, LGA, and EWR.
                                                                                                                                                              on February 17, 2015, the National Air
                                                International Air Transport Association,                   The FAA has also placed the UMD
                                                                                                                                                              Transportation Association requested
                                                as well as the Airports Council                         Delay Model and supporting data, as
                                                                                                                                                              that the DOT and the FAA hold a public
                                                International-North America, American                   used in the RIA, in the docket for this
                                                                                                                                                              meeting to allow affected stakeholders
                                                Association of Airport Executives, the                  rulemaking.
                                                                                                                                                              to ask clarifying questions and discuss
                                                Port Authority of New York and New                         Additionally, the Port Authority
                                                                                                                                                              the NPRM. The DOT and the FAA have
                                                Jersey (Port Authority), and the Regional               requested slot utilization records
                                                                                                                                                              carefully considered this request.
                                                Plan Association, have requested that                   including slot holder, operator, and                    In light of the comment period
                                                the comment period for the NPRM be                      terms of any slot lease and trade                     extension and additional information
                                                extended for an additional 60 days up                   agreements in a form such as a                        provided for review, analysis, and
                                                to and including June 8, 2015. In                       Microsoft Excel spreadsheet or                        comment, the DOT and the FAA will
                                                support of the extension request, the                   Microsoft Access database. The FAA                    not hold a public meeting at this time.
                                                petitioners noted that the NPRM was                     does not track or maintain slot                       We encourage all interested persons to
                                                lengthy and technical in nature, and                    information in the form and manner as                 submit detailed comments on the NPRM
                                                included approximately 40 questions for                 requested. The FAA also does not have                 to the docket. All comments submitted
                                                comment, some of which require the                      information on the terms of slot leases               to the docket will be considered by the
                                                public to analyze the impact of the                     or trade agreements, as the current                   agency in developing a final rule. The
                                                provisions on operations at the affected                Orders do not require carriers to submit              submission of comments to the public
                                                airports and submit supporting data and                 terms to the FAA. Nonetheless,                        docket provides the most transparent
                                                analysis of the anticipated impacts.                    additional information to address this                means for all interested parties to
                                                   While the DOT and the FAA concur                     request has been placed in the docket,                participate at this stage in the
                                                with the petitioners’ requests for an                   including information to help the public              rulemaking process.
                                                extension of the comment period for the                 understand this proposal as well as
                                                NPRM, we are not persuaded that an                      information relied upon by the agency                 Extension of Comment Period
                                                additional 60 days is necessary to                      in developing the NPRM. This                            In accordance with § 11.47(c) of title
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                provide comment on this proposal. The                   additional information includes:                      14, Code of Federal Regulations, the
                                                DOT and the FAA find that providing                        • Slot allocation reports for summer
                                                an additional 30 days is sufficient for                 and winter seasons from 2009–2012                        1 The NPRM discusses slot usage reporting

                                                these petitioners to analyze the NPRM                   (January and July) for JFK, LGA, and                  practices permitted under the current Orders,
                                                and provide meaningful comment.                         EWR.                                                  which allow carriers to optimize slot use by
                                                                                                                                                              distributing flights between all the slots the carrier
                                                   Absent unusual circumstances, we do                     • Uneven slot transfers at JFK, LGA,               holds in a particular half-hour slot time. 80 FR 1287
                                                not anticipate any further extension of                 and EWR from 2009–2012 reflecting                     (Jan. 8, 2015). The FAA observes the results of this
                                                the comment period for this rulemaking.                 slots that were transferred between                   practice using operational data.



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                                                                         Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules                                            12357

                                                DOT and the FAA have reviewed the                       treats it as any other request under the              DATES:   Comments must be received on
                                                petitions for an extension of the                       Freedom of Information Act (5 U.S.C.                  or before April 23, 2015. The Director of
                                                comment period for the proposal. The                    552). The FAA processes such a request                the Federal Register approves this
                                                petitioners have shown a substantive                    under the DOT procedures found in 49                  incorporation by reference action under
                                                interest in the proposed rule and good                  CFR part 7.                                           title 1, Code of Federal Regulations, part
                                                cause for extending the comment                                                                               51, subject to the annual revision of
                                                                                                        Availability of Rulemaking Documents
                                                period.                                                                                                       FAA, Order 7400.9 and publication of
                                                  Accordingly, the comment period for                     An electronic copy of rulemaking                    conforming amendments.
                                                the NPRM is extended until May 8,                       documents may be obtained from the                    ADDRESSES: Send comments on this rule
                                                2015.                                                   Internet by—                                          to: U.S. Department of Transportation,
                                                                                                          1. Searching the Federal eRulemaking                Docket Operations, 1200 New Jersey
                                                Additional Information                                  Portal (http://www.regulations.gov);                  Avenue SE., West Bldg. Ground Floor
                                                Comments Invited                                          2. Visiting the FAA’s Regulations and               Rm. W12–140, Washington, DC 20590–
                                                                                                        Policies Web page at http://                          0001; Telephone: 1–800–647–5527; Fax:
                                                   The FAA invites interested persons to                www.faa.gov/regulations_policies or
                                                participate in this rulemaking by                                                                             202–493–2251. You must identify the
                                                                                                          3. Accessing the Government
                                                submitting written comments, data, or                                                                         Docket Number FAA–2015–0252;
                                                                                                        Publishing Office’s Web page at http://
                                                views. The agency also invites                                                                                Airspace Docket No. 15–AEA–1, at the
                                                                                                        www.gpo.gov/fdsys/.
                                                comments relating to the economic,                                                                            beginning of your comments. You may
                                                                                                          Copies may also be obtained by
                                                environmental, energy, or federalism                                                                          also submit and review received
                                                                                                        sending a request to the Federal
                                                impacts that might result from adopting                                                                       comments through the Internet at
                                                                                                        Aviation Administration, Office of
                                                the proposals in this document. The                                                                           http://www.regulations.gov. You may
                                                                                                        Rulemaking, ARM–1, 800 Independence
                                                most helpful comments reference a                                                                             review the public docket containing the
                                                                                                        Avenue SW., Washington, DC 20591, or
                                                specific portion of the proposal, explain                                                                     proposal, any comments received, and
                                                                                                        by calling (202) 267–9680. Commenters
                                                the reason for any recommended                                                                                any final disposition in person in the
                                                                                                        must identify the docket or notice
                                                change, and include supporting data. To                                                                       Dockets Office between 9:00 a.m. and
                                                                                                        number of this rulemaking.
                                                ensure the docket does not contain                                                                            5:00 p.m., Monday through Friday,
                                                                                                          All documents the FAA considered in
                                                duplicate comments, commenters                                                                                except Federal holidays. The Docket
                                                                                                        developing this proposed rule,
                                                should send only one copy of written                                                                          Office (telephone 1–800–647–5527), is
                                                                                                        including economic analyses and
                                                comments, or if comments are filed                                                                            on the ground floor of the building at
                                                                                                        technical reports, may be accessed from
                                                electronically, commenters should                                                                             the above address.
                                                                                                        the Internet through the Federal
                                                submit only one time.                                                                                            FAA Order 7400.9Y, Airspace
                                                                                                        eRulemaking Portal referenced in item
                                                   The FAA will file in the docket all                                                                        Designations and Reporting Points, and
                                                                                                        (1) above.
                                                comments it receives, as well as a report                                                                     subsequent amendments can be viewed
                                                summarizing each substantive public                        Issued under authority provided by 49              online at http://www.faa.gov/air_traffic/
                                                                                                        U.S.C. 106(f) in Washington, DC, on March             publications/. The Order is also
                                                contact with FAA personnel concerning                   3, 2015.
                                                this proposed rulemaking. Before acting                                                                       available for inspection at the National
                                                                                                        Richard M. Swayze,                                    Archives and Records Administration
                                                on this proposal, the DOT and the FAA
                                                will consider all comments received on                  Assistant Administrator for Policy,                   (NARA). For information on the
                                                                                                        International Affairs, and Environment.               availability of this proposed
                                                or before the closing date for comments.
                                                                                                        [FR Doc. 2015–05381 Filed 3–6–15; 8:45 am]            incorporation by reference material at
                                                We will also consider comments filed
                                                after the comment period has closed if                  BILLING CODE 4910–13–P                                NARA, call 202–741–6030, or go to
                                                it is possible to do so without incurring                                                                     http://www.archives.gov/federal_
                                                expense or delay. The agency may                                                                              register/code_of_federal-regulations/ibr_
                                                change this proposal in light of the                    DEPARTMENT OF TRANSPORTATION                          locations.html.
                                                comments it receives.                                                                                            FAA Order 7400.9, Airspace
                                                                                                        Federal Aviation Administration                       Designations and Reporting Points, is
                                                   Proprietary or Confidential Business
                                                Information: Do not file proprietary or                                                                       published yearly and effective on
                                                                                                        14 CFR Part 71                                        September 15. For further information,
                                                confidential business information in the
                                                docket. Such information must be sent                   [Docket No. FAA–2015–0252; Airspace                   you can contact the Airspace Policy and
                                                or delivered directly to the person                     Docket No. 15–AEA–1]                                  Regulations Group, Federal Aviation
                                                identified in the FOR FURTHER                                                                                 Administration, 800 Independence
                                                                                                        Proposed Amendment of Class E                         Avenue SW., Washington, DC 20591;
                                                INFORMATION CONTACT section of this
                                                                                                        Airspace; Ashland, VA                                 telephone: 202–267–8783.
                                                document, and marked as proprietary or
                                                confidential. If submitting information                 AGENCY: Federal Aviation                              FOR FURTHER INFORMATION CONTACT: John
                                                on a disk or CD ROM, mark the outside                   Administration (FAA), DOT.                            Fornito, Operations Support Group,
                                                of the disk or CD ROM, and identify                     ACTION: Notice of proposed rulemaking                 Eastern Service Center, Federal Aviation
                                                electronically within the disk or CD                    (NPRM).                                               Administration, P.O. Box 20636,
                                                ROM the specific information that is                                                                          Atlanta, Georgia 30320; telephone (404)
                                                proprietary or confidential.                            SUMMARY:   This action proposes to                    305–6364.
                                                   Under 14 CFR 11.35(b), if the FAA is                 amend Class E Airspace at Ashland, VA                 SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                aware of proprietary information filed                  as new Standard Instrument Approach
                                                with a comment, the agency does not                     Procedures have been developed at                     Comments Invited
                                                place it in the docket. It is held in a                 Hanover County Municipal Airport.                       Interested persons are invited to
                                                separate file to which the public does                  This action would enhance the safety                  comment on this rule by submitting
                                                not have access, and the FAA places a                   and airspace management of Instrument                 such written data, views, or arguments,
                                                note in the docket that it has received                 Flight Rules (IFR) operations at the                  as they may desire. Comments that
                                                it. If the FAA receives a request to                    airport. This action also would update                provide the factual basis supporting the
                                                examine or copy this information, it                    the geographic coordinates of airport.                views and suggestions presented are


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Document Created: 2015-12-18 12:05:56
Document Modified: 2015-12-18 12:05:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; Extension of comment period.
DatesThe comment period for the NPRM is extended until May 8, 2015.
ContactFor technical questions concerning this action, contact Molly Smith, Office of Aviation Policy and Plans, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3274; email [email protected]; Susan Pfingstler, System Operations Services, Air Traffic Organization, Federal Aviation Administration, 600 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-6462; email [email protected]; or Peter Irvine, U.S. Department of Transportation, Office of Aviation Analysis, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-3156; email: [email protected]
FR Citation80 FR 12355 
RIN Number2120-AJ89

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