81 FR 40167 - Operating Limitations at John F. Kennedy International Airport
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 119 (June 21, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40167-40169 | |
| FR Document | 2016-14631 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Rules and Regulations] [Pages 40167-40169] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14631] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No. FAA-2007-29320] Operating Limitations at John F. Kennedy International Airport AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of amendment to order. ----------------------------------------------------------------------- SUMMARY: This action amends the Order Limiting Operations at John F. Kennedy International Airport (JFK) published on January 18, 2008, as amended, and most recently extended on May 24, 2016. This action replaces an obsolete statement concerning the Order's expiration date with the correct expiration date of October 27, 2018. The Order remains effective until October 27, 2018. DATES: This amendment is effective on June 21, 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 From 1968, the FAA limited the number of arrivals and departures at JFK during the peak afternoon demand period (corresponding to transatlantic arrival and departure banks) through the implementation of the High Density Rule (HDR).\1\ By statute enacted in April 2000, the HDR's applicability to JFK operations terminated as of January 1, 2007.\2\ Using AIR-21 exemptions and the HDR phase-out, U.S. air carriers serving JFK significantly increased their domestic scheduled operations throughout the day. This increase in operations resulted in significant congestion and delays that negatively impacted the National Airspace System (NAS). In January 2008, the FAA placed temporary limits on scheduled operations at JFK to mitigate persistent congestion and delays at the airport.\3\ With a temporary schedule limit order in place, the FAA proposed a long-term rule that would limit the number of scheduled and unscheduled operations [[Page 40168]] at JFK.\4\ On October 10, 2008, the FAA published the Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport, which would have become effective on December 9, 2008.\5\ That rule was stayed by the U.S. Court of Appeals for the District of Columbia Circuit and subsequently rescinded by the FAA.\6\ The FAA extended the January 18, 2008, Order placing temporary limits on scheduled operations at JFK on October 7, 2009,\7\ April 4, 2011,\8\ May 14, 2013,\9\ March 26, 2014,\10\ and May 24, 2016.\11\ --------------------------------------------------------------------------- \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). \3\ 73 FR 3510 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb. 14, 2008). \4\ 73 FR 29626 (May 21, 2008); Docket FAA-2008-0517. \5\ 73 FR 60544, amended by 73 FR 66516 (Nov. 10, 2008). \6\ 74 FR 52134 (Oct. 9, 2009). \7\ 74 FR 51650. \8\ 76 FR 18620. \9\ 78 FR 28276. \10\ 79 FR 16854. \11\ 81 FR 32636. --------------------------------------------------------------------------- Under the Order, as amended, the FAA (1) maintains the current hourly limits on 81 scheduled operations at JFK 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) establishes procedures to allocate 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. Demand for access to JFK remains high and the average weekday hourly flights in the busiest morning, afternoon, and evening hours are generally 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, even with runway construction at JFK in 2015.\12\ Without the operational limitations imposed by this Order, the FAA expects severe congestion-related delays would occur at JFK and at other airports throughout the NAS. The FAA will continue to monitor performance and runway capacity at JFK to determine if changes are warranted. --------------------------------------------------------------------------- \12\ Docket No. FAA-2007-25320 includes a copy of the MITRE analysis completed for the FAA. --------------------------------------------------------------------------- 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. 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 LGA (81 FR 33126).\14\ No amendments other than correcting the expiration date in paragraph 3 have been made to this Order. --------------------------------------------------------------------------- \13\ 80 FR 1274. \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 81 FR 19861. --------------------------------------------------------------------------- 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 The Order, as amended, is recited below in its entirety. 1. This Order assigns operating authority to conduct an arrival or a departure at JFK during the affected hours to the U.S. air carrier or foreign air carrier identified in the appendix to this Order. The FAA will not assign operating authority under this Order to any person or entity other than a certificated U.S. or foreign air carrier with appropriate economic authority and FAA operating authority under 14 CFR part 121, 129, or 135. This Order applies to the following: a. All U.S. air carriers and foreign air carriers conducting scheduled operations at JFK as of the date of this Order, any U.S. air carrier or foreign air carrier that operates under the same designator code as such a carrier, and any air carrier or foreign-flag carrier that has or enters into a codeshare agreement with such a carrier. b. All U.S. air carriers or foreign air carriers initiating scheduled or regularly conducted commercial service to JFK while this Order is in effect. c. The Chief Counsel of the FAA, in consultation with the Vice President, System Operations Services, is the final decisionmaker for determinations under this Order. 2. This Order governs scheduled arrivals and departures at JFK from 6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday. 3. This Order takes effect on March 30, 2008, and will expire October 27, 2018. 4. Under the authority provided to the Secretary of Transportation and the FAA Administrator by 49 U.S.C. 40101, 40103 and 40113, we hereby order that: a. No U.S. air carrier or foreign air carrier initiating or conducting scheduled or regularly conducted commercial service at JFK may conduct such operations without an Operating Authorization assigned by the FAA. b. Except as provided in the appendix to this Order, scheduled U.S. air carrier and foreign air carrier arrivals and departures will not exceed 81 per hour from 6 a.m. through 10:59 p.m., Eastern Time. c. The Administrator may change the limits if he determines that capacity exists to accommodate additional operations without a significant increase in delays. 5. For administrative tracking purposes only, the FAA will assign an identification number to each Operating Authorization. 6. A carrier holding an Operating Authorization may request the Administrator's approval to move any arrival or departure scheduled from 6 a.m. through 10:59 p.m. to another half hour within that period. Except as provided in paragraph seven, the carrier must receive the written approval of the Administrator, or his delegate, prior to conducting any scheduled arrival or departure that is not listed in the appendix to this Order. All requests to move an allocated Operating Authorization must be submitted to the FAA Slot Administration Office, facsimile (202) 267-7277 or email 7- [[Page 40169]] [email protected], and must come from a designated representative of the carrier. If the FAA cannot approve a carrier's request to move a scheduled arrival or departure, the carrier may then apply for a trade in accordance with paragraph seven. 7. For the duration of this Order, a carrier may enter into a lease or trade of an Operating Authorization to another carrier for any consideration. 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. The FAA will approve transfers between carriers under the same marketing control up to five business days after the actual operation, but only to accommodate operational disruptions that occur on the same day of the scheduled operation. The FAA's approval of a trade or lease does not constitute a commitment by the FAA to grant the associated historical rights to any operator in the event that slot controls continue at JFK after this order expires. 8. A carrier may not buy, sell, trade, or transfer an Operating Authorization, except as described in paragraph seven. 9. Historical rights to Operating Authorizations and withdrawal of those rights due to insufficient usage will be determined on a seasonal basis and in accordance with the schedule approved by the FAA prior to the commencement of the applicable season. a. For each day of the week that the FAA has approved an operating schedule, any Operating Authorization not used at least 80% of the time over the time-frame authorized by the FAA under this paragraph will be withdrawn by the FAA for the next applicable season except: i. The FAA will treat as used any Operating Authorization held by a carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and the period from December 24 through the first Saturday in January. ii. The Administrator of the FAA may waive the 80% usage requirement in the event of a highly unusual and unpredictable condition which is beyond the control of the carrier and which affects carrier operations for a period of five consecutive days or more. b. Each 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 and: i. The dates within each applicable season it intends to commence and complete operations. A. For each winter scheduling season, the report must be received by the FAA no later than August 15 during the preceding summer. B. For each summer scheduling season, the report must be received by the FAA no later than January 15 during the preceding winter. ii. The completed operations for each day of the applicable scheduling season: A. No later than September 1 for the summer scheduling season. B. No later than January 15 for the winter scheduling season. iii. The completed operations for each day of the scheduling season within 30 days after the last day of the applicable scheduling season. 10. In the event that a carrier surrenders to the FAA any Operating Authorization assigned to it under this Order or if there are unallocated Operating Authorizations, the FAA will determine whether the Operating Authorizations should be reallocated. The FAA may temporarily allocate an Operating Authorization at its discretion. Such temporary allocations will not be entitled to historical status for the next applicable scheduling season under paragraph 9. 11. If the FAA determines that an involuntary 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 needs. Any Operating Authorization that is withdrawn or temporarily suspended will, if reallocated, be reallocated to the carrier from which it was taken, provided that the carrier continues to operate scheduled service at JFK. 12. The FAA will enforce this Order through an enforcement action seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not a small business as defined in the Small Business Act, 15 U.S.C. 632, will be liable for a civil penalty of up to $25,000 for every day that it violates the limits set forth in this Order. A carrier that is a small business as defined in the Small Business Act will be liable for a civil penalty of up to $10,000 for every day that it violates the limits set forth in this 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 this Order. 13. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. Issued in Washington, DC on June 15, 2016. Daniel E. Smiley, Vice President, System Operations Services. [FR Doc. 2016-14631 Filed 6-20-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40167
east to the 5.5-mile radius of Eglin AFB. Paragraph 6005 Class E Airspace Areas Services, Air Traffic Organization,
When the tower at Destin Executive Airport Extending Upward From 700 Feet or More Federal Aviation Administration, 600
is operational, it excludes Destin’s Class D Above the Surface of the Earth. Independence Avenue SW.,
airspace defined as that airspace south of the * * * * * Washington, DC 20591; telephone (202)
triangle beginning at lat. 30°23′39″ N., long. 267–6462; email susan.pfingstler@
86°23′13″ W. to lat. 30°27′00″ N., long. ASO FL E5 Eglin Air Force Base, FL
[Amended] faa.gov.
86°30′19″ W. to lat. 30°20′54″ N., long.
86°31′56″ W. from the surface to and Eglin Air Force Base, FL SUPPLEMENTARY INFORMATION:
including 1,600 feet MSL. (Lat. 30°29′00″ N., long. 86°31′34″ W.)
Destin Executive Airport Availability of Rulemaking Documents
ASO FL D Eglin AF Aux No 3 Duke Field, (Lat. 30°24′00″ N., long. 86°28′17″ W.)
FL [Removed] Duke Field You may obtain an electronic copy
ASO FL D Duke Field Eglin AFB, FL [New] (Lat. 30°38′55″ N., long. 86°31′19″ W.) using the Internet by:
Hurlburt Field (1) Searching the Federal
Duke Field, FL (Lat. 30°25′44″ N., long. 86°41′20″ W.)
(Lat. 30°38′55 N., long. 86°31′19″ W.) eRulemaking Portal (http://
Fort Walton Beach Airport
Crestview, Bob Sikes Airport (Lat. 30°24′23″ N., long. 86°49′45″ W.) www.regulations.gov);
(Lat. 30°46′44″ N., long. 86°31′20″ W.) (2) Visiting the FAA’s Regulations and
That airspace extending upward from 700
Eglin AFB Policies Web page at http://
feet above the surface within a 7-mile radius
(Lat. 30°29′00″ N., long. 86°31′34″ W.)
of Eglin Air Force Base, and within a 7.8-mile www.faa.gov/regulations_policies/; or
That airspace extending upward from the radius of Destin Executive Airport, and
surface to and including 2,700 feet MSL (3) Accessing the Government
within a 7-mile radius of Duke Field, and
within a 5.2-mile radius of Duke Field; within a 7-mile radius of Hurlburt Field,
Printing Office’s Web page at http://
excluding the portion north of a line excluding a 1.5-mile radius of Fort Walton www.gpoaccess.gov/fr/index.html.
connecting the 2 points of intersection with Beach Airport. You also may obtain a copy by
a 4.2-mile radius circle centered on Bob Sikes sending a request to the Federal
Issued in College Park, Georgia, on June 9,
Airport; excluding the portion south of a line Aviation Administration, Office of
2016.
connecting the 2 points of intersection with Rulemaking, ARM–1, 800 Independence
a 5.5-mile radius circle centered on Eglin Ryan W. Almasy,
Manager, Operations Support Group, Eastern Avenue SW., Washington, DC 20591, or
AFB. This Class D airspace area is effective
Service Center, Air Traffic Organization. by calling (202) 267–9680. Make sure to
during the specific dates and times
established in advance by a Notice to [FR Doc. 2016–14377 Filed 6–20–16; 8:45 am]
identify the amendment number or
Airmen. The effective date and time will docket number of this rulemaking.
BILLING CODE 4910–13–P
thereafter be continuously published in the Background
Airport/Facility Directory.
DEPARTMENT OF TRANSPORTATION From 1968, the FAA limited the
ASO FL D Eglin Hurlburt Field, FL
[Amended] number of arrivals and departures at JFK
Federal Aviation Administration during the peak afternoon demand
Eglin, Hurlburt Field, FL period (corresponding to transatlantic
(Lat. 30°25′44″ N., long. 86°41′20″ W.) 14 CFR Part 93 arrival and departure banks) through the
Eglin AFB
(Lat. 30°29′00″ N., long. 86°31′34″ W.) [Docket No. FAA–2007–29320] implementation of the High Density
Rule (HDR).1 By statute enacted in April
That airspace extending upward from the
Operating Limitations at John F. 2000, the HDR’s applicability to JFK
surface, to and including 2,500 feet MSL
within a 5.3-mile radius of Hurlburt Field; Kennedy International Airport operations terminated as of January 1,
excluding the portion northeast of a line 2007.2 Using AIR–21 exemptions and
AGENCY: Federal Aviation the HDR phase-out, U.S. air carriers
connecting the 2 points of intersection with
a 5.5-mile radius circle centered on Eglin
Administration (FAA), DOT. serving JFK significantly increased their
AFB. This Class D airspace area is effective ACTION: Notice of amendment to order. domestic scheduled operations
during the specific dates and times throughout the day. This increase in
established in advance by a Notice to SUMMARY: This action amends the Order operations resulted in significant
Airmen. The effective date and time will Limiting Operations at John F. Kennedy congestion and delays that negatively
thereafter be continuously published in the International Airport (JFK) published on impacted the National Airspace System
Airport/Facility Directory. January 18, 2008, as amended, and most (NAS). In January 2008, the FAA placed
recently extended on May 24, 2016. temporary limits on scheduled
Paragraph 6002 Class E Surface Area This action replaces an obsolete
Airspace. operations at JFK to mitigate persistent
statement concerning the Order’s congestion and delays at the airport.3
* * * * * expiration date with the correct With a temporary schedule limit order
ASO FL E2 Crestview, FL [Amended] expiration date of October 27, 2018. The in place, the FAA proposed a long-term
Bob Sikes Airport, FL Order remains effective until October rule that would limit the number of
(Lat. 30°46′44″ N., long. 86°31′20″ W.) 27, 2018. scheduled and unscheduled operations
Duke Field, Eglin AFB DATES: This amendment is effective on
(Lat. 30°38′55″ N., long. 86°31′19″ W.) June 21, 2016. 1 33 FR 17896 (Dec. 3, 1968). The FAA codified
Within a 4.2-mile radius of Bob Sikes ADDRESSES: Requests may be submitted the rules for operating at high density traffic
Airport; excluding the portion south of a line by mail to Slot Administration Office, airports in 14 CFR part 93, subpart K. The HDR
connecting the 2 points of intersection with required carriers to hold a reservation, which came
AGC–240, Office of the Chief Counsel,
rmajette on DSK2TPTVN1PROD with RULES
a 5.2-mile radius circle centered on Duke to be known as a ‘‘slot,’’ for each takeoff or landing
800 Independence Avenue SW., under instrument flight rules at the high density
Field. This Class E airspace area is effective
Washington, DC 20591, or by email to: traffic airports.
during the specific dates and times
established in advance by a Notice to
7-awa-slotadmin@faa.gov. 2 Aviation Investment and Reform Act for the 21st
Century (AIR–21), Public Law 106–181 (Apr. 5,
Airmen. The effective date and time will FOR FURTHER INFORMATION CONTACT: For 2000), 49 U.S.C. 41715(a)(2).
thereafter be continuously published in the questions concerning this Order contact: 3 73 FR 3510 (Jan. 18, 2008), as amended by 73
Airport/Facility Directory. Susan Pfingstler, System Operations FR 8737 (Feb. 14, 2008).
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![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40169
AWA-Slotadmin@faa.gov, and must by the carrier along with a listing of the 46107, seeking to enjoin any air carrier
come from a designated representative Operating Authorizations and: from violating the terms of this Order.
of the carrier. If the FAA cannot approve i. The dates within each applicable 13. The FAA may modify or withdraw
a carrier’s request to move a scheduled season it intends to commence and any provision in this Order on its own
arrival or departure, the carrier may complete operations. or on application by any carrier for good
then apply for a trade in accordance A. For each winter scheduling season, cause shown.
with paragraph seven. the report must be received by the FAA Issued in Washington, DC on June 15,
7. For the duration of this Order, a no later than August 15 during the 2016.
carrier may enter into a lease or trade of preceding summer. Daniel E. Smiley,
an Operating Authorization to another B. For each summer scheduling
season, the report must be received by Vice President, System Operations Services.
carrier for any consideration. Notice of [FR Doc. 2016–14631 Filed 6–20–16; 8:45 am]
a trade or lease under this paragraph the FAA no later than January 15 during
must be submitted in writing to the FAA the preceding winter. BILLING CODE 4910–13–P
Slot Administration Office, facsimile ii. The completed operations for each
(202) 267–7277 or email 7- day of the applicable scheduling season:
AWASlotadmin@faa.gov, and must A. No later than September 1 for the DEPARTMENT OF COMMERCE
come from a designated representative summer scheduling season.
B. No later than January 15 for the Bureau of Industry and Security
of each carrier. The FAA must confirm
winter scheduling season.
and approve these transactions in iii. The completed operations for each 15 CFR Part 744
writing prior to the effective date of the day of the scheduling season within 30
transaction. The FAA will approve [Docket No. 160503391–6391–01]
days after the last day of the applicable
transfers between carriers under the scheduling season. RIN 0694–AG96
same marketing control up to five 10. In the event that a carrier
business days after the actual operation, surrenders to the FAA any Operating Revisions to the Unverified List (UVL)
but only to accommodate operational Authorization assigned to it under this
disruptions that occur on the same day AGENCY: Bureau of Industry and
Order or if there are unallocated Security, Commerce.
of the scheduled operation. The FAA’s Operating Authorizations, the FAA will
approval of a trade or lease does not ACTION: Final rule.
determine whether the Operating
constitute a commitment by the FAA to Authorizations should be reallocated.
grant the associated historical rights to SUMMARY: The Bureau of Industry and
The FAA may temporarily allocate an Security (BIS) is amending the Export
any operator in the event that slot Operating Authorization at its
controls continue at JFK after this order Administration Regulations (EAR) by
discretion. Such temporary allocations adding thirty-six (36) persons to the
expires. will not be entitled to historical status Unverified List (the ‘‘Unverified List’’ or
8. A carrier may not buy, sell, trade, for the next applicable scheduling UVL), and adding an additional address
or transfer an Operating Authorization, season under paragraph 9. for one (1) person currently listed on the
except as described in paragraph seven. 11. If the FAA determines that an UVL. The 36 persons are being added to
9. Historical rights to Operating involuntary reduction in the number of the UVL on the basis that BIS could not
Authorizations and withdrawal of those allocated Operating Authorizations is verify their bona fides because an end-
rights due to insufficient usage will be required to meet operational needs, use check could not be completed
determined on a seasonal basis and in such as reduced airport capacity, the satisfactorily for reasons outside the
accordance with the schedule approved FAA will conduct a weighted lottery to U.S. Government’s control. A new
by the FAA prior to the commencement withdraw Operating Authorizations to address is added for one current UVL
of the applicable season. meet a reduced hourly or half-hourly person as BIS has determined that this
a. For each day of the week that the limit for scheduled operations. The FAA person has changed its registered
FAA has approved an operating will provide at least 45 days’ notice address.
schedule, any Operating Authorization unless otherwise required by
not used at least 80% of the time over operational needs. Any Operating DATES: Effective date: This rule is
the time-frame authorized by the FAA Authorization that is withdrawn or effective: June 21, 2016.
under this paragraph will be withdrawn temporarily suspended will, if FOR FURTHER INFORMATION CONTACT:
by the FAA for the next applicable reallocated, be reallocated to the carrier Kevin Kurland, Director, Office of
season except: from which it was taken, provided that Enforcement Analysis, Bureau of
i. The FAA will treat as used any the carrier continues to operate Industry and Security, Department of
Operating Authorization held by a scheduled service at JFK. Commerce, Phone: (202) 482–4255 or by
carrier on Thanksgiving Day, the Friday 12. The FAA will enforce this Order email at UVLRequest@bis.doc.gov.
following Thanksgiving Day, and the through an enforcement action seeking SUPPLEMENTARY INFORMATION:
period from December 24 through the a civil penalty under 49 U.S.C. 46301(a).
first Saturday in January. A carrier that is not a small business as Background
ii. The Administrator of the FAA may defined in the Small Business Act, 15 The Unverified List, found in
waive the 80% usage requirement in the U.S.C. 632, will be liable for a civil Supplement No. 6 to Part 744 to the
event of a highly unusual and penalty of up to $25,000 for every day EAR, contains the names and addresses
unpredictable condition which is that it violates the limits set forth in this of foreign persons who are or have been
beyond the control of the carrier and Order. A carrier that is a small business parties to a transaction, as that term is
rmajette on DSK2TPTVN1PROD with RULES
which affects carrier operations for a as defined in the Small Business Act described in § 748.5 of the EAR,
period of five consecutive days or more. will be liable for a civil penalty of up involving the export, reexport, or
b. Each carrier holding an Operating to $10,000 for every day that it violates transfer (in-country) of items subject to
Authorization must forward in writing the limits set forth in this Order. The the EAR, and whose bona fides BIS has
to the FAA Slot Administration Office a FAA also could file a civil action in U.S. been unable to verify through an end-
list of all Operating Authorizations held District Court, under 49 U.S.C. 46106, use check. BIS may add persons to the
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Document Created: 2016-06-21 01:30:19
Document Modified: 2016-06-21 01:30:19
| 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 | Rules and Regulations | |
| Action | Notice of amendment to order. | |
| Dates | This amendment is effective on June 21, 2016. | |
| 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] | |
| FR Citation | 81 FR 40167 |
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