81 FR 30218 - Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 94 (May 16, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30218-30219 | |
| FR Document | 2016-11455 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Proposed Rules] [Pages 30218-30219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11455] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No.: FAA-2014-1073; Notice No. 16-03] RIN 2120-AJ89 Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport AGENCY: Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed rulemaking; withdrawal. ----------------------------------------------------------------------- SUMMARY: The DOT is withdrawing a previously published Notice of Proposed Rulemaking (NPRM) that would have replaced the Orders limiting scheduled operations at John F. Kennedy International Airport (JFK), Newark Liberty International Airport (EWR), and LaGuardia Airport (LGA) [[Page 30219]] with longer-term limits on scheduled and unscheduled operations at JFK, EWR, and LGA, and requested comment on options to establish a secondary market for the purchase, sale, lease, or trade of slots at these airports, as well as procedures that would codify the review of slot transactions arising from the secondary market for public interest and anti-competitive effects. DATES: As of May 16, 2016, the NPRM published on January 8, 2015 (80 FR 1274) is withdrawn. SUPPLEMENTARY INFORMATION: In 2006, the FAA issued an Order imposing temporary limits on operations at LGA (71 FR 77854), and in 2008, issued Orders imposing temporary limits on operations at JFK (73 FR 3510) and EWR (73 FR 29550). These Orders have been extended and are in effect until October 29, 2016. On April 6, 2016, the FAA announced that the current Order at EWR will expire on October 29, 2016, and that EWR will be a Level 2, schedule-facilitated airport under the Worldwide Slot Guidelines effective for the Winter 2016 scheduling season (81 FR 19861). By this same announcement, the FAA indicated that slot- controlled restrictions at JFK and LGA remain necessary and that the FAA will extend these Orders, by separate Federal Register notices, until October 27, 2018. On January 8, 2015, the FAA and DOT published an NPRM (80 FR 1274) that would replace the FAA's Orders limiting scheduled operations at JFK, EWR, and LGA with a long-term comprehensive approach to slot management at these airports. The NPRM proposed the continuation of the limits on scheduled and unscheduled operations in place at each of these airports under the Orders, and would have required use of an allocated slot 80% of the time for the same flight or series of flights. The NPRM also requested public comment about five alternatives for a secondary market for the purchase, sale, lease, or trade of slots and proposed procedures to codify the exercise of DOT's existing authority to review slot transactions for anti-competitive and public interest effects arising from those secondary market transactions that would have been permitted by the implementation of a bulletin board for the proposed secondary market. Since the FAA and DOT first initiated this rulemaking effort there have been significant changes in circumstances affecting New York City area airports, including changes in competitive effects from ongoing industry consolidation, slot utilization and transfer behavior, and actual operational performance at the three airports. Furthermore, the FAA recently announced that slot controls are no longer needed at EWR (81 FR 19861). The NPRM proposed an approach to manage slots and the efficient use of airspace at JFK, EWR, and LGA that would have treated all three New York City area airports similarly. In light of the changes in market conditions and operational performance, and particularly the potential impact of EWR's change in status, the Department is withdrawing the NPRM to allow for further evaluation of these changes. Withdrawal of this NPRM (80 FR 1274, January 8, 2015) does not preclude the agency from issuing future rulemakings on this issue, nor does it commit the agency to any course of action in the future. The FAA will continue to monitor the operational performance at these airports. Further, if the Department detects unfair or anticompetitive behavior, we will not hesitate to continue to use our existing authority to take corrective action. We will also continue to cooperate with the U.S. Department of Justice on any reviews it undertakes. Issued under authority provided by 49 U.S.C. 106(f), 40101, 40103, 40105, and 41712 in Washington, DC on May 6, 2016. Jenny T. Rosenberg, Acting Assistant Secretary for Aviation and International Affairs. Nan Shellabarger, Acting Assistant Administrator for Policy, International Affairs, and Environment. [FR Doc. 2016-11455 Filed 5-13-16; 8:45 am] BILLING CODE 4910-13-P
![30218 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules
to employees of the importer across the covered import belongs is not compliant (202) 586–2945. If possible, please
enterprise, whether they interface with with applicable energy conservation submit all items on a CD. It is not
CBP or customs brokers or whether they standards. The importation of such a necessary to include printed copies.
are the employees who file certifications product is already prohibited. In Docket: The docket, which includes
for the importer in CCMS. For DOE to addition, DOE notes that, although the Federal Register notices, public meeting
adopt this approach, the importer would information it proposes to collect would attendee lists and transcripts,
have to provide the same identifier in allow it to determine whether a covered comments, and other supporting
the corresponding CCMS report. DOE import has been properly certified to documents/materials, is available for
also welcomes comments as to other DOE in CCMS, DOE is not proposing to review at regulations.gov. All
alternatives that would minimize delay the importation of a covered documents in the docket are listed in
importer burden while still allowing product subject to energy conservation the regulations.gov index. However,
DOE to confirm that a covered import standards solely due to a failure to some documents listed in the index,
does not belong to a basic model that certify the covered import. With this in such as those containing information
DOE has previously found to be mind, DOE welcomes comments on that is exempt from public disclosure,
noncompliant. possible alternatives to the term may not be publicly available.
Commenters have expressed concern ‘‘certification of admissibility’’ in A link to the docket Web page can be
with respect to DOE’s proposal to reference to what is, in essence, a found at: http://www.regulations.gov/
require certain information related to limited collection of information for #!docketDetail;D=EERE-2015-BT-CE-
covered products or equipment that are purposes of traceability. 0019. This Web page will contain a link
a component of another finished Finally, DOE seeks comments on to the docket for this notice on the
product, due to the fact that an importer alternatives to the proposed compliance regulations.gov site. The regulations.gov
may use more than one basic model of date for the rule of 2 years after the date Web page will contain simple
component part in its finished product, of publication of the final rule in the instructions on how to access all
and may not know which basic model Federal Register, such as a delayed or documents, including public comments,
is contained in a given shipment. DOE phased-in compliance date. in the docket.
notes that the purpose of this proposal DOE will accept comments, data, and For further information on how to
is to allow quick identification by CBP information in response to the NOPR submit a comment, review other public
of a noncompliant product. DOE received no later than June 15, 2016. comments and the docket, or to request
welcomes comments on alternatives, DOE will consider any comments in a public meeting, contact Ms. Brenda
including alternatives that would response to the NOPR received by Edwards at (202) 586–2945 or by email:
reduce importer burden, such as midnight of June 15, 2016, and deems Brenda.Edwards@ee.doe.gov.
allowing the importer to identify the any comments received by that time to Issued in Washington, DC, on May 6, 2016.
range of possible component part basic be timely submitted. Based on the Kathleen B. Hogan,
models, but importers should be aware comments received, DOE will determine Deputy Assistant Secretary for Energy
that this approach could potentially whether it will need to issue a Efficiency, Energy Efficiency and Renewable
result in a greater impact by having CBP supplemental notice of proposed Energy.
stop shipments that may not contain rulemaking or proceed to a final rule. [FR Doc. 2016–11468 Filed 5–13–16; 8:45 am]
noncompliant products due to the
importer’s choice to group multiple Public Participation BILLING CODE 6450–01–P
basic models into a single identifier. A. Submission of Comments
In addition, DOE understands that
characterizing its proposed requirement Any comments submitted must DEPARTMENT OF TRANSPORTATION
as a ‘‘certificate of admissibility’’ may identify the NOPR for Import Data
Collection, and provide docket number Federal Aviation Administration
have created the mistaken impression
that it was proposing a conformity EERE–2015–BT–CE–0019 and/or
regulatory information number (RIN) 14 CFR Part 93
assessment procedure as described in
the Technical Barriers to Trade number 1990–AA44. Comments may be [Docket No.: FAA–2014–1073; Notice No.
Agreement administered by the World submitted using any of the following 16–03]
Trade Organization. DOE wishes to methods:
1. Federal eRulemaking Portal: RIN 2120–AJ89
emphasize, however, that it is not
www.regulations.gov. Follow the
proposing to mandate any additional Slot Management and Transparency
instructions for submitting comments.
testing 1 or to require submission of for LaGuardia Airport, John F.
2. Email: ImportData2015CE0019@
information unnecessarily redundant of Kennedy International Airport, and
ee.doe.gov. Include the docket number
that already provided in accordance Newark Liberty International Airport
and/or RIN in the subject line of the
with those regulations. Instead, DOE
message. AGENCY: Federal Aviation
only seeks in its proposal to collect the
3. Mail: Ms. Brenda Edwards, U.S. Administration (FAA), U.S. Department
minimum information necessary to trace
Department of Energy, Building of Transportation (DOT).
the covered import to the certified basic
Technologies Program, Mailstop EE–5B, ACTION: Notice of proposed rulemaking;
model to which it belongs.
Moreover, it is not DOE’s intent to 1000 Independence Avenue SW., withdrawal.
delay in any way the importation of any Washington, DC 20585–0121. If
possible, please submit all items on a SUMMARY: The DOT is withdrawing a
Lhorne on DSK30JT082PROD with PROPOSALS
covered product or equipment, aside
from that for which DOE has already, CD. It is not necessary to include previously published Notice of
separately, made a final determination printed copies. Proposed Rulemaking (NPRM) that
4. Hand Delivery/Courier: Ms. Brenda would have replaced the Orders limiting
that the basic model to which the
Edwards, U.S. Department of Energy, scheduled operations at John F.
1 Existing DOE regulations require testing to Building Technologies Program, 950 Kennedy International Airport (JFK),
ensure compliance with energy conservation L’Enfant Plaza SW., Suite 600, Newark Liberty International Airport
standards. Washington, DC 20024. Telephone: (EWR), and LaGuardia Airport (LGA)
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![Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Proposed Rules 30219
with longer-term limits on scheduled the three airports. Furthermore, the FAA Form FDA 3942a (for Human Food) or
and unscheduled operations at JFK, recently announced that slot controls Form FDA 3942b (for Animal Food).’’
EWR, and LGA, and requested comment are no longer needed at EWR (81 FR This draft guidance explains our current
on options to establish a secondary 19861). The NPRM proposed an thinking on how to determine whether
market for the purchase, sale, lease, or approach to manage slots and the a business is a ‘‘qualified facility’’ that
trade of slots at these airports, as well efficient use of airspace at JFK, EWR, is subject to modified requirements
as procedures that would codify the and LGA that would have treated all under our rule entitled ‘‘Current Good
review of slot transactions arising from three New York City area airports Manufacturing Practice, Hazard
the secondary market for public interest similarly. In light of the changes in Analysis, and Risk-Based Preventive
and anti-competitive effects. market conditions and operational Controls for Human Food’’ (the
DATES: As of May 16, 2016, the NPRM performance, and particularly the Preventive Controls for Human Food
published on January 8, 2015 (80 FR potential impact of EWR’s change in Rule) or under our rule entitled
1274) is withdrawn. status, the Department is withdrawing ‘‘Current Good Manufacturing Practice,
SUPPLEMENTARY INFORMATION: In 2006, the NPRM to allow for further Hazard Analysis, and Risk-Based
the FAA issued an Order imposing evaluation of these changes. Withdrawal Preventive Controls for Food for
temporary limits on operations at LGA of this NPRM (80 FR 1274, January 8, Animals’’ (the Preventive Controls for
(71 FR 77854), and in 2008, issued 2015) does not preclude the agency from Animal Food Rule). This draft guidance
Orders imposing temporary limits on issuing future rulemakings on this issue, also explains our current thinking on
operations at JFK (73 FR 3510) and EWR nor does it commit the agency to any how a business would submit Form
(73 FR 29550). These Orders have been course of action in the future. The FAA FDA 3942a attesting to its status as a
extended and are in effect until October will continue to monitor the operational qualified facility under the Preventive
29, 2016. On April 6, 2016, the FAA performance at these airports. Further, if Controls for Human Food Rule and how
announced that the current Order at the Department detects unfair or a business would submit Form FDA
EWR will expire on October 29, 2016, anticompetitive behavior, we will not 3942b attesting to its status as a
and that EWR will be a Level 2, hesitate to continue to use our existing qualified facility under the Preventive
schedule-facilitated airport under the authority to take corrective action. We Controls for Animal Food Rule. We also
Worldwide Slot Guidelines effective for will also continue to cooperate with the are announcing an opportunity for
the Winter 2016 scheduling season (81 U.S. Department of Justice on any public comment on the proposed
FR 19861). By this same announcement, reviews it undertakes. collection of information embodied in
the FAA indicated that slot-controlled Issued under authority provided by 49 Forms FDA 3942a and 3942b. Under the
restrictions at JFK and LGA remain U.S.C. 106(f), 40101, 40103, 40105, and Paperwork Reduction Act of 1995
necessary and that the FAA will extend 41712 in Washington, DC on May 6, (PRA), Federal Agencies are required to
these Orders, by separate Federal 2016. publish notice in the Federal Register
Register notices, until October 27, 2018. Jenny T. Rosenberg,
concerning each proposed collection of
On January 8, 2015, the FAA and DOT information and allow 60 days for
Acting Assistant Secretary for Aviation and
published an NPRM (80 FR 1274) that International Affairs.
public comment in response to the
would replace the FAA’s Orders notice.
Nan Shellabarger,
limiting scheduled operations at JFK, Acting Assistant Administrator for Policy, DATES: Although you can comment on
EWR, and LGA with a long-term International Affairs, and Environment. any guidance at any time (see 21 CFR
comprehensive approach to slot [FR Doc. 2016–11455 Filed 5–13–16; 8:45 am] 10.115(g)(5)), to ensure that we consider
management at these airports. The your comment on this draft guidance
BILLING CODE 4910–13–P
NPRM proposed the continuation of the before we begin work on the final
limits on scheduled and unscheduled version of the guidance, submit either
operations in place at each of these electronic or written comments by
airports under the Orders, and would DEPARTMENT OF HEALTH AND
November 14, 2016. Submit either
have required use of an allocated slot HUMAN SERVICES
electronic or written comments on the
80% of the time for the same flight or Food and Drug Administration proposed collection of information by
series of flights. The NPRM also July 15, 2016.
requested public comment about five 21 CFR Parts 117 and 507 ADDRESSES: You may submit comments
alternatives for a secondary market for as follows:
the purchase, sale, lease, or trade of [Docket No. FDA–2016–D–1164]
slots and proposed procedures to codify Electronic Submissions
the exercise of DOT’s existing authority Qualified Facility Attestation Using Submit electronic comments in the
to review slot transactions for anti- Form FDA 3942a (for Human Food) or following way:
competitive and public interest effects Form FDA 3942b (for Animal Food); • Federal eRulemaking Portal: http://
arising from those secondary market Draft Guidance for Industry; www.regulations.gov. Follow the
transactions that would have been Availability; Agency Information instructions for submitting comments.
permitted by the implementation of a Collection Activities; Proposed Comments submitted electronically,
bulletin board for the proposed Collection; Comment Request including attachments, to http://
secondary market. AGENCY: Food and Drug Administration, www.regulations.gov will be posted to
Since the FAA and DOT first initiated the docket unchanged. Because your
Lhorne on DSK30JT082PROD with PROPOSALS
HHS.
this rulemaking effort there have been ACTION: Notification of availability. comment will be made public, you are
significant changes in circumstances solely responsible for ensuring that your
affecting New York City area airports, SUMMARY: The Food and Drug comment does not include any
including changes in competitive effects Administration (FDA, we, or Agency) is confidential information that you or a
from ongoing industry consolidation, announcing the availability of a draft third party may not wish to be posted,
slot utilization and transfer behavior, guidance for industry entitled such as medical information, your or
and actual operational performance at ‘‘Qualified Facility Attestation Using anyone else’s Social Security number, or
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Document Created: 2016-05-14 01:17:27
Document Modified: 2016-05-14 01:17:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking; withdrawal. | |
| Dates | As of May 16, 2016, the NPRM published on January 8, 2015 (80 FR 1274) is withdrawn. | |
| FR Citation | 81 FR 30218 | |
| RIN Number | 2120-AJ89 |
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