81_FR_33227 81 FR 33126 - Operating Limitations at New York Laguardia Airport

81 FR 33126 - Operating Limitations at New York Laguardia Airport

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33126-33128
FR Document2016-12220

This action extends the Order Limiting Operations at New York LaGuardia Airport (LGA) published on December 27, 2006, and most recently extended March 27, 2014. The Order remains effective until October 27, 2018.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33126-33128]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12220]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 93

[Docket No.: FAA-2006-25755]


Operating Limitations at New York Laguardia Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Extension to order.

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SUMMARY: This action extends the Order Limiting Operations at New York 
LaGuardia Airport (LGA) published on December 27, 2006, and most 
recently extended March 27, 2014. The Order remains effective until 
October 27, 2018.

DATES: This action is effective on May 25, 2016.

ADDRESSES: Requests may be submitted by mail to Slot Administration 
Office, AGC-240, Office of the Chief Counsel, 800 Independence Avenue 
SW., Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this Order 
contact: 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].

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents

    You may obtain an electronic copy using 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 Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You also may obtain a copy 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. Make 
sure to identify the amendment number or docket number of this 
rulemaking.

Background

    The FAA has long limited the number of arrivals and departures at 
LGA during peak demand periods through the implementation of the High 
Density Rule (HDR), to address constraints based on LGA's limited 
runway capacity.\1\ By statute enacted in April 2000, the HDR's 
applicability to LGA operations terminated as of January 1, 2007.\2\
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    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for 
operating at high density traffic airports in 14 CFR part 93, 
subpart K. The HDR required carriers to hold a reservation, which 
came to be known as a ``slot,'' for each takeoff or landing under 
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century 
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
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    In anticipation of the HDR's expiration, the FAA proposed a long-
term rule that would limit the number of scheduled and unscheduled 
operations at LGA.\3\ The FAA issued an Order on December 27, 2006, 
adopting temporary limits pending the completion of the rulemaking.\4\ 
This Order was amended on November 8, 2007, and August 19, 2008.\5\ On 
October 10, 2008, the FAA published the Congestion Management Rule for 
LaGuardia Airport, which would have become effective on December 9, 
2008.\6\ That rule was stayed by the U.S. Court of Appeals for the 
District of Columbia Circuit and subsequently rescinded by the FAA.\7\ 
The FAA extended the December 27, 2006, Order placing temporary limits 
on operations at LGA, as amended, on October 7, 2009,\8\ on April 4, 
2011,\9\ on May 14, 2013,\10\ and on March 27, 2014.\11\
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    \3\ 71 FR 51360 (August 29, 2006); Docket FAA-2006-25709. The 
FAA subsequently published a Supplemental Notice of Proposed 
Rulemaking. 73 FR 20846 (Apr. 17, 2008).
    \4\ 71 FR 77854.
    \5\ 72 FR 63224; 73 FR 48428.
    \6\ 73 FR 60574, amended by 73 FR 66517 (Nov. 10, 2008).
    \7\ 74 FR 52132 (Oct. 9, 2009).
    \8\ 74 FR 51653.
    \9\ 76 FR 18616, amended by 77 FR 30585 (May 23, 2012).
    \10\ 78 FR 28278.
    \11\ 79 FR 17222.
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    Under the Order, as amended, the FAA (1) maintains the current 
hourly limits on scheduled and unscheduled operations at LGA during the 
peak period; (2) imposes an 80 percent minimum usage requirement for 
Operating Authorizations (OAs) with defined exceptions; (3) provides a 
mechanism for withdrawal of OAs for FAA operational reasons; (4) 
provides for a lottery to reallocate withdrawn, surrendered, or 
unallocated OAs; and (5) allows for trades and leases of OAs for 
consideration for the duration of the Order.
    The reasons for issuing the Order have not changed appreciably 
since it was implemented. Runway capacity at LGA remains limited, while 
demand for access to LGA remains high and average weekday hourly 
flights are generally scheduled to a level consistent with the limits 
under this Order. The FAA has reviewed the on-time and other 
performance metrics in the peak May to August 2014 and 2015 months and 
found continuing improvements relative to the same period in 2007.\12\ 
Without the operational limitations imposed by this Order, the FAA 
expects severe congestion-related delays would occur at LGA and at 
other airports throughout the National Airspace System (NAS). The FAA 
will continue to monitor performance and runway capacity at LGA to 
determine if changes are warranted.
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    \12\ Docket No. FAA-2006-25755 includes a copy of the MITRE 
analysis completed for the FAA.

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[[Page 33127]]

    On January 8, 2015, the DOT and FAA published a notice of proposed 
rulemaking ``Slot Management and Transparency at LaGuardia Airport, 
John F. Kennedy International Airport, and Newark Liberty International 
Airport.'' \13\ The DOT and FAA proposed to replace the Orders limiting 
scheduled operations at JFK, limiting scheduled operations at Newark 
Liberty International Airport (EWR), and limiting scheduled and 
unscheduled operations at LaGuardia Airport (LGA) with a more permanent 
system for managing slots. The NPRM included certain proposed changes 
to how slots are currently managed in the New York City area in order 
to increase transparency and address issues considering anti-
competitive behavior.
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    \13\ 80 FR 1274.
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    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). In light of the changes in market conditions and 
operational performance at the New York City area airports, the 
Department is withdrawing the NPRM by Federal Register notice published 
May 16, 2016 (81 FR 30218), to allow for further evaluation of these 
changes.
    Accordingly, the FAA has concluded it is necessary to extend the 
expiration date of this Order until October 27, 2018. This expiration 
date coincides with the extended expiration date for the Order limiting 
scheduled operations at JFK, as also extended by action published in 
today's Federal Register.\14\ No amendments other than the expiration 
date have been made to this Order.
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    \14\ The FAA notes that the Order limiting scheduled operations 
at EWR will expire October 29, 2016; beginning on October 30, 2016, 
EWR is designated a Level 2 schedule-facilitated airport consistent 
with the FAA's action published in the Federal Register on April 6, 
2016. See id.
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    The FAA finds that notice and comment procedures under 5 U.S.C. 
553(b) are impracticable and contrary to the public interest. The FAA 
further finds that good cause exists to make this Order effective in 
less than 30 days.

The Amended Order

    In consideration of the foregoing, the Order, as amended, is 
recited below in its entirety:

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The final Order governs scheduled arrivals and departures at 
LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through 
Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. 
Seventy-one (71) Operating Authorizations are available per hour and 
will be assigned by the FAA on a 30-minute basis. The FAA will permit 
additional, existing operations above this threshold; however, the FAA 
will retire Operating Authorizations that are surrendered to the FAA, 
withdrawn for non-use, or unassigned during each affected hour until 
the number of Operating Authorizations in that hour reaches seventy-one 
(71).
    2. The final Order takes effect on January 1, 2007, and will expire 
on October 27, 2018.
    3. The FAA will assign operating authority to conduct an arrival or 
a departure at LaGuardia during the affected hours to the air carrier 
that holds equivalent slot or slot exemption authority under the High 
Density Rule of FAA slot exemption rules as of January 1, 2007; to the 
primary marketing air carrier in the case of AIR-21 small hub/nonhub 
airport slot exemptions; or to the air carrier operating the flights as 
of January 1, 2007, in the case of a slot held by a non carrier. The 
FAA will not assign operating authority under the final Order to any 
person or entity other than a certificated U.S. or foreign air carrier 
with appropriate economic authority under 14 CFR part 121, 129 or 135. 
The Chief Counsel of the FAA will be the final decision maker regarding 
the initial assignment of Operating Authorizations.
    4. For administrative tracking purposes only, the FAA will assign 
an identification number to each Operating Authorization.
    5. An air carrier may lease or trade an Operating Authorization to 
another carrier for any consideration, not to exceed the duration of 
the Order. Notice of a trade or lease under this paragraph must be 
submitted in writing to the FAA Slot Administration Office, facsimile 
(202) 267-7277 or email [email protected], and must come from a 
designated representative of each carrier. The FAA must confirm and 
approve these transactions in writing prior to the effective date of 
the transaction. However, the FAA will approve transfers between 
carriers under the same marketing control up to 5 business days after 
the actual operation. This post-transfer approval is limited to 
accommodate operational disruptions that occur on the same day of the 
scheduled operation.
    6. Each air carrier holding an Operating Authorization must forward 
in writing to the FAA Slot Administration Office a list of all 
Operating Authorizations held by the carrier along with a listing of 
the Operating Authorizations actually operated for each day of the two-
month reporting period within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months 
thereafter. Any Operating Authorization not used at least 80 percent of 
the time over a two-month period will be withdrawn by the FAA except:
    A. The FAA will treat as used any Operating Authorization held by 
an air carrier on Thanksgiving Day, the Friday following Thanksgiving 
Day, and the period from December 24 through the first Saturday in 
January.
    B. The FAA will treat as used any Operating Authorization obtained 
by an air carrier through a lottery under paragraph 7 for the first 120 
days after allocation in the lottery.
    C. The Administrator of the FAA may waive the 80 percent usage 
requirement in the event of a highly unusual and unpredictable 
condition which is beyond the control of the air carrier and which 
affects carrier operations for a period of five consecutive days or 
more.
    7. In the event that Operating Authorizations are withdrawn for 
nonuse, surrendered to the FAA or are unassigned, the FAA will 
determine whether any of the available Operating Authorizations should 
be reallocated. If so, the FAA will conduct a lottery using the 
provisions specified under 14 CFR 93.225. The FAA may retime an 
Operating Authorization prior to reallocation in order to address 
operational needs. When the final Order expires, any Operating 
Authorizations reassigned under this paragraph, except those assigned 
to new entrants or limited incumbents, will revert to the FAA for 
reallocation according to the reallocation mechanism prescribed in the 
final rule that succeeds the final Order.
    8. If the FAA determines that a reduction in the number of 
allocated Operating Authorizations is required to meet operational 
needs, such as reduced airport capacity, the FAA will conduct a 
weighted lottery to withdraw Operating Authorizations to meet a reduced 
hourly or half-hourly limit for scheduled operations. The FAA will 
provide at least 45 days' notice unless otherwise required by 
operational

[[Page 33128]]

needs. Any Operating Authorization that is withdrawn or temporarily 
suspended will, if reallocated, be reallocated to the air carrier from 
which it was taken, provided that the air carrier continues to operate 
scheduled service at LaGuardia.
    9. The FAA will enforce the final Order through an enforcement 
action seeking a civil penalty under 49 U.S.C. 46301(a). An air carrier 
that is not a small business as defined in the Small Business Act, 15 
U.S.C. 632, would be liable for a civil penalty of up to $25,000 for 
every day that it violates the limits set forth in the final Order. An 
air carrier that is a small business as defined in the Small Business 
Act would be liable for a civil penalty of up to $10,000 for every day 
that it violates the limits set forth in the final Order. The FAA also 
could file a civil action in U.S. District Court, under 49 U.S.C. 
46106, 46107, seeking to enjoin any air carrier from violating the 
terms of the final Order.

B. Unscheduled Operations: \15\
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    \15\ Unscheduled operations are operations other than those 
regularly conducted by an air carrier between LaGuardia and another 
service point. Unscheduled operations include general aviation, 
public aircraft, military, charter, ferry, and positioning flights. 
Helicopter operations are excluded from the reservation requirement. 
Reservations for unscheduled flights operating under visual flight 
rules (VFR) are granted when the aircraft receives clearance from 
air traffic control to land or depart LaGuardia. Reservations for 
unscheduled VFR flights are not included in the limits for 
unscheduled operators.
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    With respect to unscheduled flight operations at LaGuardia, the FAA 
adopts the following:
    1. The final order applies to all operators of unscheduled flights, 
except helicopter operations, at LaGuardia from 6 a.m. through 9:59 
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 
p.m., Eastern Time, Sunday.
    2. The final Order takes effect on January 1, 2007, and will expire 
on October 27, 2018.
    3. No person can operate an aircraft other than a helicopter to or 
from LaGuardia unless the operator has received, for that unscheduled 
operation, a reservation that is assigned by the David J. Hurley Air 
Traffic Control System Command Center's Airport Reservation Office 
(ARO). Additional information on procedures for obtaining a reservation 
will be available via the Internet at http://www.fly.faa.gov/ecvrs.
    4. Three (3) reservations are available per hour for unscheduled 
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
    5. The ARO receives and processes all reservation requests. 
Reservations are assigned on a ``first-come, first-served'' basis, 
determined as of the time that the ARO receives the request. A 
cancellation of any reservation that will not be used as assigned would 
be required.
    6. Filing a request for a reservation does not constitute the 
filing of an instrument flight rules (IFR) flight plan, as separately 
required by regulation. After the reservation is obtained, an IFR 
flight plan can be filed. The IFR flight plan must include the 
reservation number in the ``remarks'' section.
    7. Air Traffic Control will accommodate declared emergencies 
without regard to reservations. Nonemergency flights in direct support 
of national security, law enforcement, military aircraft operations, or 
public use aircraft operations will be accommodated above the 
reservation limits with the prior approval of the Vice President, 
System Operations Services, Air Traffic Organization. Procedures for 
obtaining the appropriate reservation for such flights are available 
via the Internet at http://www.fly.faa.gov/ecvrs.
    8. Notwithstanding the limits in paragraph 4, if the Air Traffic 
Organization determines that air traffic control, weather, and capacity 
conditions are favorable and significant delay is not likely, the FAA 
can accommodate additional reservations over a specific period. Unused 
operating authorizations can also be temporarily made available for 
unscheduled operations. Reservations for additional operations are 
obtained through the ARO.
    9. Reservations cannot be bought, sold, or leased.

    Issued in Washington, DC, on May 18, 2016.
Daniel E. Smiley,
Vice President, System Operations Services.
[FR Doc. 2016-12220 Filed 5-24-16; 8:45 am]
BILLING CODE 4910-13-P



                                           33126            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                              (3) The cost to the Federal                          extended March 27, 2014. The Order                       Order on December 27, 2006, adopting
                                           Government of making guarantees under                   remains effective until October 27, 2018.                temporary limits pending the
                                           this subsection (g) and under section                   DATES: This action is effective on May                   completion of the rulemaking.4 This
                                           503 of the Small Business Investment                    25, 2016.                                                Order was amended on November 8,
                                           Act of 1958 (15 U.S.C. 697) during the                  ADDRESSES: Requests may be submitted                     2007, and August 19, 2008.5 On October
                                           fiscal year in which the guarantee is                   by mail to Slot Administration Office,                   10, 2008, the FAA published the
                                           made is zero;                                           AGC–240, Office of the Chief Counsel,                    Congestion Management Rule for
                                           *      *    *     *     *                               800 Independence Avenue SW.,                             LaGuardia Airport, which would have
                                              (10) A CDC must limit the amount of                  Washington, DC 20591, or by email to:                    become effective on December 9, 2008.6
                                           its loans under this paragraph (g) so                   7-awa-slotadmin@faa.gov.                                 That rule was stayed by the U.S. Court
                                           that, during any Federal fiscal year, the                                                                        of Appeals for the District of Columbia
                                                                                                   FOR FURTHER INFORMATION CONTACT: For
                                           amount of the new loans approved                                                                                 Circuit and subsequently rescinded by
                                                                                                   questions concerning this Order contact:
                                           under this paragraph (g) does not exceed                                                                         the FAA.7 The FAA extended the
                                                                                                   Susan Pfingstler, System Operations
                                           50% of the total dollar amount of the                   Services, Air Traffic Organization,                      December 27, 2006, Order placing
                                           CDC’s 504 loans approved (including                     Federal Aviation Administration, 600                     temporary limits on operations at LGA,
                                           the loans approved under this paragraph                 Independence Avenue SW.,                                 as amended, on October 7, 2009,8 on
                                           (g)) during the previous fiscal year. This              Washington, DC 20591; telephone (202)                    April 4, 2011,9 on May 14, 2013,10 and
                                           limitation may be waived upon                           267–6462; email susan.pfingstler@                        on March 27, 2014.11
                                           application by the CDC and upon a                       faa.gov.                                                    Under the Order, as amended, the
                                           determination by SBA that the refinance                                                                          FAA (1) maintains the current hourly
                                                                                                   SUPPLEMENTARY INFORMATION:                               limits on scheduled and unscheduled
                                           loan is needed for good cause.
                                           *      *    *     *     *                               Availability of Rulemaking Documents                     operations at LGA during the peak
                                              (13) The Third Party Loan may not be                                                                          period; (2) imposes an 80 percent
                                                                                                     You may obtain an electronic copy                      minimum usage requirement for
                                           sold on the secondary market as a part                  using the Internet by:
                                           of a pool guaranteed under subpart J of                                                                          Operating Authorizations (OAs) with
                                                                                                     (1) Searching the Federal                              defined exceptions; (3) provides a
                                           this part, or any successor to this                     eRulemaking Portal (http://
                                           program, when the debt being                                                                                     mechanism for withdrawal of OAs for
                                                                                                   www.regulations.gov);                                    FAA operational reasons; (4) provides
                                           refinanced is same institution debt;                      (2) Visiting the FAA’s Regulations and                 for a lottery to reallocate withdrawn,
                                           *      *    *     *     *                               Policies Web page at http://                             surrendered, or unallocated OAs; and
                                              (15) * * *                                           www.faa.gov/regulations_policies/; or                    (5) allows for trades and leases of OAs
                                              Qualified debt * * *                                   (3) Accessing the Government
                                                                                                                                                            for consideration for the duration of the
                                              (vii) * * * For the purposes of this                 Printing Office’s Web page at http://
                                                                                                                                                            Order.
                                           paragraph (vii), ‘‘current on all                       www.gpoaccess.gov/fr/index.html.
                                                                                                                                                               The reasons for issuing the Order
                                           payments due’’ means that no payment                      You also may obtain a copy by
                                                                                                                                                            have not changed appreciably since it
                                           was more than 30 days past due from                     sending a request to the Federal
                                                                                                                                                            was implemented. Runway capacity at
                                           either the original payment terms or                    Aviation Administration, Office of
                                                                                                                                                            LGA remains limited, while demand for
                                           modified payment terms (including                       Rulemaking, ARM–1, 800 Independence
                                                                                                                                                            access to LGA remains high and average
                                           deferments) if such modification was                    Avenue SW., Washington, DC 20591, or
                                                                                                                                                            weekday hourly flights are generally
                                           agreed to in writing by the Borrower and                by calling (202) 267–9680. Make sure to
                                                                                                                                                            scheduled to a level consistent with the
                                           the lender of the existing debt no less                 identify the amendment number or
                                                                                                                                                            limits under this Order. The FAA has
                                           than one year preceding the date of                     docket number of this rulemaking.
                                                                                                                                                            reviewed the on-time and other
                                           application. * * *                                      Background                                               performance metrics in the peak May to
                                           *      *    *     *     *                                                                                        August 2014 and 2015 months and
                                                                                                     The FAA has long limited the number
                                           Maria Contreras-Sweet,                                  of arrivals and departures at LGA during                 found continuing improvements relative
                                           Administrator.                                          peak demand periods through the                          to the same period in 2007.12 Without
                                                                                                   implementation of the High Density                       the operational limitations imposed by
                                           [FR Doc. 2016–12447 Filed 5–23–16; 4:15 pm]
                                                                                                   Rule (HDR), to address constraints based                 this Order, the FAA expects severe
                                           BILLING CODE 8025–01–P
                                                                                                   on LGA’s limited runway capacity.1 By                    congestion-related delays would occur
                                                                                                   statute enacted in April 2000, the HDR’s                 at LGA and at other airports throughout
                                                                                                   applicability to LGA operations                          the National Airspace System (NAS).
                                           DEPARTMENT OF TRANSPORTATION                                                                                     The FAA will continue to monitor
                                                                                                   terminated as of January 1, 2007.2
                                           Federal Aviation Administration                           In anticipation of the HDR’s                           performance and runway capacity at
                                                                                                   expiration, the FAA proposed a long-                     LGA to determine if changes are
                                           14 CFR part 93                                          term rule that would limit the number                    warranted.
                                                                                                   of scheduled and unscheduled
                                           [Docket No.: FAA–2006–25755]                                                                                     Supplemental Notice of Proposed Rulemaking. 73
                                                                                                   operations at LGA.3 The FAA issued an                    FR 20846 (Apr. 17, 2008).
                                           Operating Limitations at New York                          1 33 FR 17896 (Dec. 3, 1968). The FAA codified
                                                                                                                                                              4 71 FR 77854.
                                                                                                                                                              5 72 FR 63224; 73 FR 48428.
                                           Laguardia Airport                                       the rules for operating at high density traffic            6 73 FR 60574, amended by 73 FR 66517 (Nov.
                                                                                                   airports in 14 CFR part 93, subpart K. The HDR
                                           AGENCY:  Federal Aviation                               required carriers to hold a reservation, which came
                                                                                                                                                            10, 2008).
                                                                                                                                                              7 74 FR 52132 (Oct. 9, 2009).
                                           Administration (FAA), DOT.                              to be known as a ‘‘slot,’’ for each takeoff or landing
Lhorne on DSK30JT082PROD with RULES




                                                                                                                                                              8 74 FR 51653.
                                           ACTION: Extension to order.                             under instrument flight rules at the high density
                                                                                                                                                              9 76 FR 18616, amended by 77 FR 30585 (May 23,
                                                                                                   traffic airports.
                                                                                                      2 Aviation Investment and Reform Act for the 21st     2012).
                                           SUMMARY:  This action extends the Order                                                                            10 78 FR 28278.
                                                                                                   Century (AIR–21), Public Law 106–181 (Apr. 5,
                                           Limiting Operations at New York                         2000), 49 U.S.C. 41715(a)(2).                              11 79 FR 17222.
                                           LaGuardia Airport (LGA) published on                       3 71 FR 51360 (August 29, 2006); Docket FAA–            12 Docket No. FAA–2006–25755 includes a copy

                                           December 27, 2006, and most recently                    2006–25709. The FAA subsequently published a             of the MITRE analysis completed for the FAA.



                                      VerDate Sep<11>2014   14:51 May 24, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\25MYR1.SGM     25MYR1


                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                         33127

                                              On January 8, 2015, the DOT and FAA                  A. Scheduled Operations                               operation. This post-transfer approval is
                                           published a notice of proposed                             With respect to scheduled operations               limited to accommodate operational
                                           rulemaking ‘‘Slot Management and                        at LaGuardia:                                         disruptions that occur on the same day
                                           Transparency at LaGuardia Airport,                         1. The final Order governs scheduled               of the scheduled operation.
                                           John F. Kennedy International Airport,                  arrivals and departures at LaGuardia                     6. Each air carrier holding an
                                           and Newark Liberty International                        from 6 a.m. through 9:59 p.m., Eastern                Operating Authorization must forward
                                           Airport.’’ 13 The DOT and FAA                                                                                 in writing to the FAA Slot
                                                                                                   Time, Monday through Friday and from
                                           proposed to replace the Orders limiting                                                                       Administration Office a list of all
                                                                                                   12 noon through 9:59 p.m., Eastern
                                           scheduled operations at JFK, limiting                                                                         Operating Authorizations held by the
                                                                                                   Time, Sunday. Seventy-one (71)
                                           scheduled operations at Newark Liberty                                                                        carrier along with a listing of the
                                                                                                   Operating Authorizations are available
                                           International Airport (EWR), and                                                                              Operating Authorizations actually
                                                                                                   per hour and will be assigned by the
                                           limiting scheduled and unscheduled                                                                            operated for each day of the two-month
                                                                                                   FAA on a 30-minute basis. The FAA
                                           operations at LaGuardia Airport (LGA)                                                                         reporting period within 14 days after the
                                                                                                   will permit additional, existing
                                           with a more permanent system for                                                                              last day of the two-month reporting
                                                                                                   operations above this threshold;
                                           managing slots. The NPRM included                                                                             period beginning January 1 and every
                                                                                                   however, the FAA will retire Operating
                                           certain proposed changes to how slots                                                                         two months thereafter. Any Operating
                                                                                                   Authorizations that are surrendered to                Authorization not used at least 80
                                           are currently managed in the New York                   the FAA, withdrawn for non-use, or
                                           City area in order to increase                                                                                percent of the time over a two-month
                                                                                                   unassigned during each affected hour                  period will be withdrawn by the FAA
                                           transparency and address issues                         until the number of Operating
                                           considering anti-competitive behavior.                                                                        except:
                                                                                                   Authorizations in that hour reaches                      A. The FAA will treat as used any
                                              Since the FAA and DOT first initiated                seventy-one (71).                                     Operating Authorization held by an air
                                           this rulemaking effort there have been                     2. The final Order takes effect on                 carrier on Thanksgiving Day, the Friday
                                           significant changes in circumstances                    January 1, 2007, and will expire on                   following Thanksgiving Day, and the
                                           affecting New York City area airports,                  October 27, 2018.                                     period from December 24 through the
                                           including changes in competitive effects                   3. The FAA will assign operating                   first Saturday in January.
                                           from ongoing industry consolidation,                    authority to conduct an arrival or a                     B. The FAA will treat as used any
                                           slot utilization and transfer behavior,                 departure at LaGuardia during the                     Operating Authorization obtained by an
                                           and actual operational performance at                   affected hours to the air carrier that                air carrier through a lottery under
                                           the three airports. Furthermore, the FAA                holds equivalent slot or slot exemption               paragraph 7 for the first 120 days after
                                           recently announced that slot controls                   authority under the High Density Rule                 allocation in the lottery.
                                           are no longer needed at EWR (81 FR                      of FAA slot exemption rules as of                        C. The Administrator of the FAA may
                                           19861). In light of the changes in market               January 1, 2007; to the primary                       waive the 80 percent usage requirement
                                           conditions and operational performance                  marketing air carrier in the case of AIR–             in the event of a highly unusual and
                                           at the New York City area airports, the                 21 small hub/nonhub airport slot                      unpredictable condition which is
                                           Department is withdrawing the NPRM                      exemptions; or to the air carrier                     beyond the control of the air carrier and
                                           by Federal Register notice published                    operating the flights as of January 1,                which affects carrier operations for a
                                           May 16, 2016 (81 FR 30218), to allow for                2007, in the case of a slot held by a non             period of five consecutive days or more.
                                           further evaluation of these changes.                    carrier. The FAA will not assign                         7. In the event that Operating
                                              Accordingly, the FAA has concluded                   operating authority under the final                   Authorizations are withdrawn for
                                           it is necessary to extend the expiration                Order to any person or entity other than              nonuse, surrendered to the FAA or are
                                           date of this Order until October 27,                    a certificated U.S. or foreign air carrier            unassigned, the FAA will determine
                                           2018. This expiration date coincides                    with appropriate economic authority                   whether any of the available Operating
                                           with the extended expiration date for                   under 14 CFR part 121, 129 or 135. The                Authorizations should be reallocated. If
                                           the Order limiting scheduled operations                 Chief Counsel of the FAA will be the                  so, the FAA will conduct a lottery using
                                           at JFK, as also extended by action                      final decision maker regarding the                    the provisions specified under 14 CFR
                                           published in today’s Federal Register.14                initial assignment of Operating                       93.225. The FAA may retime an
                                           No amendments other than the                            Authorizations.                                       Operating Authorization prior to
                                           expiration date have been made to this                     4. For administrative tracking                     reallocation in order to address
                                           Order.                                                  purposes only, the FAA will assign an                 operational needs. When the final Order
                                                                                                   identification number to each Operating               expires, any Operating Authorizations
                                              The FAA finds that notice and                        Authorization.                                        reassigned under this paragraph, except
                                           comment procedures under 5 U.S.C.                          5. An air carrier may lease or trade an            those assigned to new entrants or
                                           553(b) are impracticable and contrary to                Operating Authorization to another                    limited incumbents, will revert to the
                                           the public interest. The FAA further                    carrier for any consideration, not to                 FAA for reallocation according to the
                                           finds that good cause exists to make this               exceed the duration of the Order. Notice              reallocation mechanism prescribed in
                                           Order effective in less than 30 days.                   of a trade or lease under this paragraph              the final rule that succeeds the final
                                           The Amended Order                                       must be submitted in writing to the FAA               Order.
                                                                                                   Slot Administration Office, facsimile                    8. If the FAA determines that a
                                              In consideration of the foregoing, the               (202) 267–7277 or email 7-                            reduction in the number of allocated
                                           Order, as amended, is recited below in                  AWASlotadmin@faa.gov, and must                        Operating Authorizations is required to
                                           its entirety:                                           come from a designated representative                 meet operational needs, such as reduced
                                                                                                   of each carrier. The FAA must confirm                 airport capacity, the FAA will conduct
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                                             13 80FR 1274.                                         and approve these transactions in                     a weighted lottery to withdraw
                                             14 The FAA notes that the Order limiting              writing prior to the effective date of the            Operating Authorizations to meet a
                                           scheduled operations at EWR will expire October         transaction. However, the FAA will                    reduced hourly or half-hourly limit for
                                           29, 2016; beginning on October 30, 2016, EWR is
                                           designated a Level 2 schedule-facilitated airport
                                                                                                   approve transfers between carriers                    scheduled operations. The FAA will
                                           consistent with the FAA’s action published in the       under the same marketing control up to                provide at least 45 days’ notice unless
                                           Federal Register on April 6, 2016. See id.              5 business days after the actual                      otherwise required by operational


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                                           33128             Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           needs. Any Operating Authorization                           5. The ARO receives and processes all             DEPARTMENT OF HEALTH AND
                                           that is withdrawn or temporarily                          reservation requests. Reservations are               HUMAN SERVICES
                                           suspended will, if reallocated, be                        assigned on a ‘‘first-come, first-served’’
                                           reallocated to the air carrier from which                 basis, determined as of the time that the            Food and Drug Administration
                                           it was taken, provided that the air                       ARO receives the request. A
                                           carrier continues to operate scheduled                    cancellation of any reservation that will            21 CFR Part 870
                                           service at LaGuardia.                                     not be used as assigned would be                     [Docket No. FDA–2012–N–1173]
                                              9. The FAA will enforce the final                      required.
                                           Order through an enforcement action                                                                            Cardiovascular Devices;
                                           seeking a civil penalty under 49 U.S.C.                      6. Filing a request for a reservation
                                                                                                                                                          Reclassification of External Cardiac
                                           46301(a). An air carrier that is not a                    does not constitute the filing of an
                                                                                                                                                          Compressor; Reclassification of
                                           small business as defined in the Small                    instrument flight rules (IFR) flight plan,
                                                                                                                                                          Cardiopulmonary Resuscitation Aids
                                           Business Act, 15 U.S.C. 632, would be                     as separately required by regulation.
                                           liable for a civil penalty of up to $25,000               After the reservation is obtained, an IFR            AGENCY:   Food and Drug Administration,
                                           for every day that it violates the limits                 flight plan can be filed. The IFR flight             HHS.
                                           set forth in the final Order. An air                      plan must include the reservation                    ACTION:   Final order.
                                           carrier that is a small business as                       number in the ‘‘remarks’’ section.
                                           defined in the Small Business Act                                                                              SUMMARY:    The Food and Drug
                                                                                                        7. Air Traffic Control will
                                           would be liable for a civil penalty of up                                                                      Administration (FDA) is issuing a final
                                                                                                     accommodate declared emergencies
                                           to $10,000 for every day that it violates                                                                      order to reclassify external cardiac
                                                                                                     without regard to reservations.                      compressors (ECC) (under FDA product
                                           the limits set forth in the final Order.                  Nonemergency flights in direct support
                                           The FAA also could file a civil action                                                                         code DRM), a preamendments class III
                                                                                                     of national security, law enforcement,               device, into class II (special controls).
                                           in U.S. District Court, under 49 U.S.C.
                                                                                                     military aircraft operations, or public              FDA is also creating a separate
                                           46106, 46107, seeking to enjoin any air
                                                                                                     use aircraft operations will be                      classification regulation for a subgroup
                                           carrier from violating the terms of the
                                                                                                     accommodated above the reservation                   of devices previously included within
                                           final Order.
                                                                                                     limits with the prior approval of the                this classification regulation, to be
                                           B. Unscheduled Operations: 15                             Vice President, System Operations                    called cardiopulmonary resuscitation
                                             With respect to unscheduled flight                      Services, Air Traffic Organization.                  (CPR) aids, and reclassifying these
                                           operations at LaGuardia, the FAA                          Procedures for obtaining the appropriate             devices from class III to class II for CPR
                                           adopts the following:                                     reservation for such flights are available           aids with feedback and to class I for CPR
                                             1. The final order applies to all                       via the Internet at http://                          aids without feedback.
                                           operators of unscheduled flights, except                  www.fly.faa.gov/ecvrs.                               DATES: This order is effective on May
                                           helicopter operations, at LaGuardia from                     8. Notwithstanding the limits in                  25, 2016.
                                           6 a.m. through 9:59 p.m., Eastern Time,                   paragraph 4, if the Air Traffic                      FOR FURTHER INFORMATION CONTACT:
                                           Monday through Friday and from 12                         Organization determines that air traffic             Hina Pinto, Center for Devices and
                                           noon through 9:59 p.m., Eastern Time,                     control, weather, and capacity                       Radiological Health, 10903 New
                                           Sunday.                                                                                                        Hampshire Ave., Bldg. 66, Rm. 1652,
                                                                                                     conditions are favorable and significant
                                             2. The final Order takes effect on                                                                           Silver Spring, MD 20993, 301–796–
                                           January 1, 2007, and will expire on                       delay is not likely, the FAA can
                                                                                                     accommodate additional reservations                  6351, hina.pinto@fda.hhs.gov.
                                           October 27, 2018.
                                                                                                     over a specific period. Unused operating             SUPPLEMENTARY INFORMATION:
                                             3. No person can operate an aircraft
                                           other than a helicopter to or from                        authorizations can also be temporarily               I. Background—Regulatory Authorities
                                           LaGuardia unless the operator has                         made available for unscheduled
                                                                                                     operations. Reservations for additional                 The Federal Food, Drug, and Cosmetic
                                           received, for that unscheduled
                                                                                                     operations are obtained through the                  Act (the FD&C Act), as amended by the
                                           operation, a reservation that is assigned
                                                                                                     ARO.                                                 Medical Device Amendments of 1976
                                           by the David J. Hurley Air Traffic
                                                                                                                                                          (the 1976 amendments) (Pub. L. 94–
                                           Control System Command Center’s                              9. Reservations cannot be bought,                 295), the Safe Medical Devices Act of
                                           Airport Reservation Office (ARO).                         sold, or leased.                                     1990 (Pub. L. 101–629), the Food and
                                           Additional information on procedures
                                                                                                       Issued in Washington, DC, on May 18,               Drug Administration Modernization Act
                                           for obtaining a reservation will be
                                                                                                     2016.                                                of 1997 (Pub. L. 105–115), the Medical
                                           available via the Internet at http://
                                                                                                     Daniel E. Smiley,                                    Device User Fee and Modernization Act
                                           www.fly.faa.gov/ecvrs.
                                             4. Three (3) reservations are available                 Vice President, System Operations Services.
                                                                                                                                                          of 2002 (Pub. L. 107–250), the Medical
                                           per hour for unscheduled operations at                                                                         Devices Technical Corrections Act (Pub.
                                                                                                     [FR Doc. 2016–12220 Filed 5–24–16; 8:45 am]
                                           LaGuardia. The ARO will assign                                                                                 L. 108–214), the Food and Drug
                                                                                                     BILLING CODE 4910–13–P                               Administration Amendments Act of
                                           reservations on a 30-minute basis.
                                                                                                                                                          2007 (Pub. L. 110–85), and the Food and
                                             15 Unscheduled operations are operations other                                                               Drug Administration Safety and
                                           than those regularly conducted by an air carrier                                                               Innovation Act (FDASIA) (Pub. L. 112–
                                           between LaGuardia and another service point.                                                                   144), among other amendments,
                                           Unscheduled operations include general aviation,                                                               established a comprehensive system for
                                           public aircraft, military, charter, ferry, and
                                                                                                                                                          the regulation of medical devices
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                                           positioning flights. Helicopter operations are
                                           excluded from the reservation requirement.                                                                     intended for human use. Section 513 of
                                           Reservations for unscheduled flights operating                                                                 the FD&C Act (21 U.S.C. 360c)
                                           under visual flight rules (VFR) are granted when the                                                           established three categories (classes) of
                                           aircraft receives clearance from air traffic control to
                                           land or depart LaGuardia. Reservations for
                                                                                                                                                          devices, reflecting the regulatory
                                           unscheduled VFR flights are not included in the                                                                controls needed to provide reasonable
                                           limits for unscheduled operators.                                                                              assurance of their safety and


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Document Created: 2018-02-07 15:03:46
Document Modified: 2018-02-07 15:03:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionExtension to order.
DatesThis action is effective on May 25, 2016.
ContactFor questions concerning this Order contact: 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]
FR Citation81 FR 33126 

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