83_FR_47246 83 FR 47065 - Operating Limitations at New York Laguardia Airport

83 FR 47065 - Operating Limitations at New York Laguardia Airport

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47065-47067
FR Document2018-20226

This action extends the Order Limiting Operations at New York LaGuardia Airport (LGA) published on December 27, 2006, as most recently extended May 25, 2016. The Order remains effective until October 24, 2020.

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47065-47067]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20226]


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

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.

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

SUMMARY: This action extends the Order Limiting Operations at New York 
LaGuardia Airport (LGA) published on December 27, 2006, as most 
recently extended May 25, 2016. The Order remains effective until 
October 24, 2020.

DATES: This action is effective on September 18, 2018.

ADDRESSES: Requests may be submitted by mail to the Slot Administration 
Office, System Operations Services, AJR-0, Room 300W, 800 Independence 
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this Order 
contact: Bonnie C. Dragotto, Regulations Division, FAA Office of the 
Chief Counsel, AGC-240, Room 916N, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-3808; 
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 historically 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The FAA issued an Order on December 27, 2006, adopting temporary 
limits pending the completion of rulemaking to address long term limits 
and related policies.\3\ This Order was amended on November 8, 2007, 
and August 19, 2008.\4\ The FAA extended the December 27, 2006, Order 
placing temporary limits on operations at LGA, as amended, on October 
7, 2009, April 4, 2011, May 14, 2013, March 27, 2014, and May 25, 
2016.\5\
---------------------------------------------------------------------------

    \3\ 71 FR 77854.
    \4\ 72 FR 63224; 73 FR 48428.
    \5\ 74 FR 51653; 76 FR 18616, amended by 77 FR 30585 (May 23, 
2012); 78 FR 28278; 79 FR 17222; and, 81 FR 33126.
---------------------------------------------------------------------------

    Under the Order for LGA, 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. The 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 2017 and 2018 months and 
found continuing improvements relative to the same period in 2008.\6\ 
However, the FAA has determined that the operational limitations 
imposed by this Order remain necessary. Without the operational 
limitations imposed by this Order, the FAA expects severe congestion-
related delays due to the anticipated demand of new operations and the 
retiming of existing flights into more desirable hours. The FAA, in 
coordination with the Office of the Secretary of Transportation (OST), 
will continue to consider potential rulemaking in the future to codify 
the slot management policies at LGA, and also at John F. Kennedy 
International Airport (JFK).\7\
---------------------------------------------------------------------------

    \6\ Docket No. FAA-2006-25755 includes a copy of the MITRE 
analysis completed for the FAA.
    \7\ Operating Limitations at John F. Kennedy International 
Airport. 73 FR 3510 (Jan. 18, 2008), as amended.
---------------------------------------------------------------------------

Current Issues

    The FAA has received specific proposals for policy changes that 
would necessitate amending the LGA and JFK Orders. For example, several 
carriers have requested a simplified process for the administrative 
management of temporary slot transfers, whereby the marketing and 
operating carriers would not be required to formally transfer slots for 
operation by carriers under common marketing control and whereby the 
slot holder could choose whether the holder or the operator would be 
responsible for reporting slot usage to the FAA. The FAA is considering 
proposing this and other potential changes in a future action on the 
LGA and JFK Orders.
    However, the Orders expire at the end of the current summer 
scheduling season and carriers are planning winter schedules. There is 
insufficient time to publish for comment proposed policy changes, 
adjudicate comments, and issue a final Order before the Orders expire. 
The FAA has therefore determined to proceed with an extension of the 
Orders, without policy changes, to meet current needs and allow time to 
further develop any proposed changes to the Orders. Accordingly, the 
FAA is extending the expiration date of this Order until October 24, 
2020. This expiration date coincides with the extended expiration date 
for the Order limiting scheduled

[[Page 47066]]

operations at JFK, as also published in today's Federal Register. This 
extension of the LGA Order includes minimal changes for clarification 
purposes only, including the removal of obsolete references to 
rulemaking in paragraph A7. In addition, the description of unscheduled 
operations in paragraph B3 and footnote 12 has been revised to provide 
greater clarity of existing policy.
    The FAA finds that notice and comment procedures under 5 U.S.C. 
553(b) are impracticable, unnecessary, and contrary to the public 
interest, as carriers have begun planning schedules for the winter 
2018/2019 season and no significant policy changes are included in this 
action. For these reasons, the FAA also finds that it is impracticable 
and contrary to the public interest to delay the effective date of this 
action under 5 U.S.C. 553(d).

The Amended Order

    The Order, as amended, is recited below in its entirety:

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The 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 Order takes effect on January 1, 2007, and will expire on 
October 24, 2020.
    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/non-hub 
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 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.
    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 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.

B. Unscheduled Operations 8
---------------------------------------------------------------------------

    \8\ 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, irregular charter, ferry, and positioning 
flights. Regularly conducted commercial flights require an Operating 
Authorization and may not use unscheduled operation reservations. 
Helicopter operations are excluded from the reservation requirement. 
Unscheduled flights operating under visual flight rules (VFR) may be 
accommodated by the local air traffic control facilities and are not 
included in the hourly limits.
---------------------------------------------------------------------------

    With respect to unscheduled flight operations at LaGuardia, the FAA 
adopts the following:
    1. The 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 Order takes effect on January 1, 2007, and will expire on 
October 24, 2020.
    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), or for unscheduled visual flight rule operations, received 
clearance from ATC. Additional information on procedures for obtaining 
a reservation is available via the internet at http://www.fly.faa.gov/ecvrs.
    4. Three (3) reservations are available per hour for unscheduled 
operations at

[[Page 47067]]

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 is 
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 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.

C. Enforcement

    The FAA may enforce the Order through an enforcement action seeking 
a civil penalty under 49 U.S.C. 46301(a). The FAA also could file a 
civil action in U.S. District Court, under 49 U.S.C. 46106, 46107, 
seeking to enjoin any carrier from violating the terms of the Order.

    Issued in Washington, DC on September 11, 2018.
Jeffrey Planty,
Deputy Vice President, System Operations Services.
[FR Doc. 2018-20226 Filed 9-17-18; 8:45 am]
BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                                  47065

                                             deviates from this section must, within                   (2) Visiting the FAA’s Regulations and                 was implemented. Runway capacity at
                                             10 days of the deviation, excluding                     Policies web page at http://                             LGA remains limited, while demand for
                                             Saturdays, Sundays, and Federal                         www.faa.gov/regulations_policies/; or                    access to LGA remains high. The
                                             holidays, submit to the responsible                       (3) Accessing the Government                           average weekday hourly flights are
                                             Flight Standards Office a complete                      Printing Office’s web page at http://                    generally scheduled to a level consistent
                                             report of the operations of the aircraft                www.gpoaccess.gov/fr/index.html.                         with the limits under this Order. The
                                             involved in the deviation, including a                    You also may obtain a copy by                          FAA has reviewed the on-time and
                                             description of the deviation and the                    sending a request to the Federal                         other performance metrics in the peak
                                             reasons for it.                                         Aviation Administration, Office of                       May to August 2017 and 2018 months
                                               (e) Expiration. This SFAR will remain                 Rulemaking, ARM–1, 800 Independence                      and found continuing improvements
                                             in effect until September 18, 2020. The                 Avenue SW, Washington, DC 20591, or                      relative to the same period in 2008.6
                                             FAA may amend, rescind, or extend this                  by calling (202) 267–9680. Make sure to                  However, the FAA has determined that
                                             SFAR, as necessary.                                     identify the amendment number or                         the operational limitations imposed by
                                               Issued in Washington, DC, under the                   docket number of this rulemaking.                        this Order remain necessary. Without
                                             authority of 49 U.S.C. 106(f) and (g),                                                                           the operational limitations imposed by
                                                                                                     Background                                               this Order, the FAA expects severe
                                             40101(d)(1), 40105(b)(1)(A), and 44701(a)(5),
                                             on September 4, 2018.                                      The FAA has historically limited the                  congestion-related delays due to the
                                             Daniel K. Elwell,                                       number of arrivals and departures at                     anticipated demand of new operations
                                             Acting Administrator.
                                                                                                     LGA during peak demand periods                           and the retiming of existing flights into
                                                                                                     through the implementation of the High                   more desirable hours. The FAA, in
                                             [FR Doc. 2018–20173 Filed 9–17–18; 8:45 am]
                                                                                                     Density Rule (HDR), to address                           coordination with the Office of the
                                             BILLING CODE 4910–13–P
                                                                                                     constraints based on LGA’s limited                       Secretary of Transportation (OST), will
                                                                                                     runway capacity.1 By statute enacted in                  continue to consider potential
                                             DEPARTMENT OF TRANSPORTATION                            April 2000, the HDR’s applicability to                   rulemaking in the future to codify the
                                                                                                     LGA operations terminated as of January                  slot management policies at LGA, and
                                             Federal Aviation Administration                         1, 2007.2                                                also at John F. Kennedy International
                                                                                                        The FAA issued an Order on                            Airport (JFK).7
                                             14 CFR part 93                                          December 27, 2006, adopting temporary
                                                                                                                                                              Current Issues
                                                                                                     limits pending the completion of
                                             [Docket No.: FAA–2006–25755]                            rulemaking to address long term limits                      The FAA has received specific
                                                                                                     and related policies.3 This Order was                    proposals for policy changes that would
                                             Operating Limitations at New York                                                                                necessitate amending the LGA and JFK
                                                                                                     amended on November 8, 2007, and
                                             Laguardia Airport                                                                                                Orders. For example, several carriers
                                                                                                     August 19, 2008.4 The FAA extended
                                             AGENCY:  Federal Aviation                               the December 27, 2006, Order placing                     have requested a simplified process for
                                             Administration (FAA), DOT.                              temporary limits on operations at LGA,                   the administrative management of
                                                                                                     as amended, on October 7, 2009, April                    temporary slot transfers, whereby the
                                             ACTION: Extension to order.
                                                                                                     4, 2011, May 14, 2013, March 27, 2014,                   marketing and operating carriers would
                                             SUMMARY:   This action extends the Order                and May 25, 2016.5                                       not be required to formally transfer slots
                                             Limiting Operations at New York                            Under the Order for LGA, as                           for operation by carriers under common
                                             LaGuardia Airport (LGA) published on                    amended, the FAA (1) maintains the                       marketing control and whereby the slot
                                             December 27, 2006, as most recently                     current hourly limits on scheduled and                   holder could choose whether the holder
                                             extended May 25, 2016. The Order                        unscheduled operations at LGA during                     or the operator would be responsible for
                                             remains effective until October 24, 2020.               the peak period; (2) imposes an 80                       reporting slot usage to the FAA. The
                                                                                                     percent minimum usage requirement for                    FAA is considering proposing this and
                                             DATES: This action is effective on
                                                                                                     Operating Authorizations (OAs) with                      other potential changes in a future
                                             September 18, 2018.
                                                                                                     defined exceptions; (3) provides a                       action on the LGA and JFK Orders.
                                             ADDRESSES: Requests may be submitted                                                                                However, the Orders expire at the end
                                             by mail to the Slot Administration                      mechanism for withdrawal of OAs for
                                                                                                     FAA operational reasons; (4) provides                    of the current summer scheduling
                                             Office, System Operations Services,                                                                              season and carriers are planning winter
                                             AJR–0, Room 300W, 800 Independence                      for a lottery to reallocate withdrawn,
                                                                                                     surrendered, or unallocated OAs; and                     schedules. There is insufficient time to
                                             Avenue SW, Washington, DC 20591, or                                                                              publish for comment proposed policy
                                             by email to: 7-awa-slotadmin@faa.gov.                   (5) allows for trades and leases of OAs
                                                                                                     for consideration for the duration of the                changes, adjudicate comments, and
                                             FOR FURTHER INFORMATION CONTACT: For                                                                             issue a final Order before the Orders
                                                                                                     Order.
                                             questions concerning this Order contact:                                                                         expire. The FAA has therefore
                                                                                                        The reasons for issuing the Order
                                             Bonnie C. Dragotto, Regulations                                                                                  determined to proceed with an
                                                                                                     have not changed appreciably since it
                                             Division, FAA Office of the Chief                                                                                extension of the Orders, without policy
                                             Counsel, AGC–240, Room 916N, Federal                       1 33 FR 17896 (Dec. 3, 1968). The FAA codified        changes, to meet current needs and
                                             Aviation Administration, 800                            the rules for operating at high density traffic          allow time to further develop any
                                             Independence Avenue SW, Washington,                     airports in 14 CFR part 93, subpart K. The HDR           proposed changes to the Orders.
                                             DC 20591; telephone (202) 267–3808;                     required carriers to hold a reservation, which came      Accordingly, the FAA is extending the
                                                                                                     to be known as a ‘‘slot,’’ for each takeoff or landing
                                             email Bonnie.Dragotto@faa.gov.                          under instrument flight rules at the high density
                                                                                                                                                              expiration date of this Order until
                                             SUPPLEMENTARY INFORMATION:                              traffic airports.                                        October 24, 2020. This expiration date
                                                                                                                                                              coincides with the extended expiration
daltland on DSKBBV9HB2PROD with RULES




                                                                                                        2 Aviation Investment and Reform Act for the 21st
                                             Availability of Rulemaking Documents                    Century (AIR–21), Public Law 106–181 (Apr. 5,            date for the Order limiting scheduled
                                               You may obtain an electronic copy                     2000), 49 U.S.C. 41715(a)(2).
                                                                                                        3 71 FR 77854.                                          6 Docket No. FAA–2006–25755 includes a copy of
                                             using the internet by:                                     4 72 FR 63224; 73 FR 48428.
                                                                                                                                                              the MITRE analysis completed for the FAA.
                                               (1) Searching the Federal                                5 74 FR 51653; 76 FR 18616, amended by 77 FR            7 Operating Limitations at John F. Kennedy
                                             eRulemaking Portal (http://                             30585 (May 23, 2012); 78 FR 28278; 79 FR 17222;          International Airport. 73 FR 3510 (Jan. 18, 2008), as
                                             www.regulations.gov);                                   and, 81 FR 33126.                                        amended.



                                        VerDate Sep<11>2014   16:42 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM     18SER1


                                             47066            Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations

                                             operations at JFK, as also published in                 under 14 CFR part 121, 129 or 135. The                Authorizations should be reallocated. If
                                             today’s Federal Register. This extension                Chief Counsel of the FAA will be the                  so, the FAA will conduct a lottery using
                                             of the LGA Order includes minimal                       final decision maker regarding the                    the provisions specified under 14 CFR
                                             changes for clarification purposes only,                initial assignment of Operating                       93.225. The FAA may retime an
                                             including the removal of obsolete                       Authorizations.                                       Operating Authorization prior to
                                             references to rulemaking in paragraph                      4. For administrative tracking                     reallocation in order to address
                                             A7. In addition, the description of                     purposes only, the FAA will assign an                 operational needs.
                                             unscheduled operations in paragraph B3                  identification number to each Operating                  8. If the FAA determines that a
                                             and footnote 12 has been revised to                     Authorization.                                        reduction in the number of allocated
                                             provide greater clarity of existing policy.                5. An air carrier may lease or trade an            Operating Authorizations is required to
                                               The FAA finds that notice and                         Operating Authorization to another                    meet operational needs, such as reduced
                                             comment procedures under 5 U.S.C.                       carrier for any consideration, not to                 airport capacity, the FAA will conduct
                                             553(b) are impracticable, unnecessary,                  exceed the duration of the Order. Notice              a weighted lottery to withdraw
                                             and contrary to the public interest, as                 of a trade or lease under this paragraph              Operating Authorizations to meet a
                                             carriers have begun planning schedules                  must be submitted in writing to the FAA               reduced hourly or half-hourly limit for
                                             for the winter 2018/2019 season and no                  Slot Administration Office, facsimile                 scheduled operations. The FAA will
                                             significant policy changes are included                 (202) 267–7277 or email 7-AWA-                        provide at least 45 days’ notice unless
                                             in this action. For these reasons, the                  Slotadmin@faa.gov, and must come                      otherwise required by operational
                                             FAA also finds that it is impracticable                 from a designated representative of each              needs. Any Operating Authorization
                                             and contrary to the public interest to                  carrier. The FAA must confirm and                     that is withdrawn or temporarily
                                             delay the effective date of this action                 approve these transactions in writing                 suspended will, if reallocated, be
                                             under 5 U.S.C. 553(d).                                  prior to the effective date of the                    reallocated to the air carrier from which
                                                                                                     transaction. However, the FAA will                    it was taken, provided that the air
                                             The Amended Order                                       approve transfers between carriers                    carrier continues to operate scheduled
                                               The Order, as amended, is recited                     under the same marketing control up to                service at LaGuardia.
                                             below in its entirety:                                  5 business days after the actual
                                                                                                     operation. This post-transfer approval is             B. Unscheduled Operations 8
                                             A. Scheduled Operations
                                                                                                     limited to accommodate operational                       With respect to unscheduled flight
                                                With respect to scheduled operations                 disruptions that occur on the same day                operations at LaGuardia, the FAA
                                             at LaGuardia:                                           of the scheduled operation.                           adopts the following:
                                                1. The Order governs scheduled                          6. Each air carrier holding an                        1. The Order applies to all operators
                                             arrivals and departures at LaGuardia                    Operating Authorization must forward                  of unscheduled flights, except
                                             from 6 a.m. through 9:59 p.m., Eastern                  in writing to the FAA Slot                            helicopter operations, at LaGuardia from
                                             Time, Monday through Friday and from                    Administration Office a list of all                   6 a.m. through 9:59 p.m., Eastern Time,
                                             12 noon through 9:59 p.m., Eastern                      Operating Authorizations held by the                  Monday through Friday and from 12
                                             Time, Sunday. Seventy-one (71)                          carrier along with a listing of the                   noon through 9:59 p.m., Eastern Time,
                                             Operating Authorizations are available                  Operating Authorizations actually                     Sunday.
                                             per hour and will be assigned by the                    operated for each day of the two-month                   2. The Order takes effect on January
                                             FAA on a 30-minute basis. The FAA                       reporting period within 14 days after the             1, 2007, and will expire on October 24,
                                             will permit additional, existing                        last day of the two-month reporting                   2020.
                                             operations above this threshold;                        period beginning January 1 and every                     3. No person can operate an aircraft
                                             however, the FAA will retire Operating                  two months thereafter. Any Operating                  other than a helicopter to or from
                                             Authorizations that are surrendered to                  Authorization not used at least 80                    LaGuardia unless the operator has
                                             the FAA, withdrawn for non-use, or                      percent of the time over a two-month                  received, for that unscheduled
                                             unassigned during each affected hour                    period will be withdrawn by the FAA                   operation, a reservation that is assigned
                                             until the number of Operating                           except:                                               by the David J. Hurley Air Traffic
                                             Authorizations in that hour reaches                        A. The FAA will treat as used any
                                                                                                                                                           Control System Command Center’s
                                             seventy-one (71).                                       Operating Authorization held by an air
                                                2. The Order takes effect on January                                                                       Airport Reservation Office (ARO), or for
                                                                                                     carrier on Thanksgiving Day, the Friday
                                             1, 2007, and will expire on October 24,                                                                       unscheduled visual flight rule
                                                                                                     following Thanksgiving Day, and the
                                             2020.                                                                                                         operations, received clearance from
                                                                                                     period from December 24 through the
                                                3. The FAA will assign operating                                                                           ATC. Additional information on
                                                                                                     first Saturday in January.
                                             authority to conduct an arrival or a                                                                          procedures for obtaining a reservation is
                                                                                                        B. The FAA will treat as used any
                                             departure at LaGuardia during the                                                                             available via the internet at http://
                                                                                                     Operating Authorization obtained by an
                                             affected hours to the air carrier that                                                                        www.fly.faa.gov/ecvrs.
                                                                                                     air carrier through a lottery under
                                             holds equivalent slot or slot exemption                                                                          4. Three (3) reservations are available
                                                                                                     paragraph 7 for the first 120 days after
                                             authority under the High Density Rule                                                                         per hour for unscheduled operations at
                                                                                                     allocation in the lottery.
                                             of FAA slot exemption rules as of                          C. The Administrator of the FAA may                   8 Unscheduled operations are operations other
                                             January 1, 2007; to the primary                         waive the 80 percent usage requirement                than those regularly conducted by an air carrier
                                             marketing air carrier in the case of AIR–               in the event of a highly unusual and                  between LaGuardia and another service point.
                                             21 small hub/non-hub airport slot                       unpredictable condition which is                      Unscheduled operations include general aviation,
                                             exemptions; or to the air carrier                       beyond the control of the air carrier and             public aircraft, military, irregular charter, ferry, and
                                                                                                                                                           positioning flights. Regularly conducted
                                             operating the flights as of January 1,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     which affects carrier operations for a                commercial flights require an Operating
                                             2007, in the case of a slot held by a non               period of five consecutive days or more.              Authorization and may not use unscheduled
                                             carrier. The FAA will not assign                           7. In the event that Operating                     operation reservations. Helicopter operations are
                                             operating authority under the Order to                  Authorizations are withdrawn for                      excluded from the reservation requirement.
                                                                                                                                                           Unscheduled flights operating under visual flight
                                             any person or entity other than a                       nonuse, surrendered to the FAA or are                 rules (VFR) may be accommodated by the local air
                                             certificated U.S. or foreign air carrier                unassigned, the FAA will determine                    traffic control facilities and are not included in the
                                             with appropriate economic authority                     whether any of the available Operating                hourly limits.



                                        VerDate Sep<11>2014   16:42 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                            47067

                                             LaGuardia. The ARO will assign                          Services, Air Traffic Organization.                   carrier from violating the terms of the
                                             reservations on a 30-minute basis.                      Procedures for obtaining the appropriate              Order.
                                                5. The ARO receives and processes all                reservation for such flights are available              Issued in Washington, DC on September
                                             reservation requests. Reservations are                  via the internet at http://                           11, 2018.
                                             assigned on a ‘‘first-come, first-served’’              www.fly.faa.gov/ecvrs.                                Jeffrey Planty,
                                             basis, determined as of the time that the                 8. Notwithstanding the limits in
                                                                                                                                                           Deputy Vice President, System Operations
                                             ARO receives the request. A                             paragraph 4, if the Air Traffic                       Services.
                                             cancellation of any reservation that will               Organization determines that air traffic
                                                                                                                                                           [FR Doc. 2018–20226 Filed 9–17–18; 8:45 am]
                                             not be used as assigned is required.                    control, weather, and capacity
                                                                                                                                                           BILLING CODE 4910–13–P
                                                                                                     conditions are favorable and significant
                                                6. Filing a request for a reservation
                                                                                                     delay is not likely, the FAA can
                                             does not constitute the filing of an
                                                                                                     accommodate additional reservations
                                             instrument flight rules (IFR) flight plan,
                                                                                                     over a specific period. Unused operating
                                             as separately required by regulation.                                                                         FEDERAL TRADE COMMISSION
                                                                                                     authorizations can also be temporarily
                                             After the reservation is obtained, an IFR
                                                                                                     made available for unscheduled                        16 CFR Part 305
                                             flight plan can be filed. The IFR flight
                                                                                                     operations. Reservations for additional
                                             plan must include the reservation
                                                                                                     operations are obtained through the                   Energy Labeling Rule
                                             number in the ‘‘remarks’’ section.                      ARO.
                                                7. Air Traffic Control will                            9. Reservations cannot be bought,                   CFR Correction
                                             accommodate declared emergencies                        sold, or leased.
                                             without regard to reservations.                                                                               ■ In Title 16 of the Code of Federal
                                             Nonemergency flights in direct support                  C. Enforcement                                        Regulations, Parts 0 to 999, revised as of
                                             of national security, law enforcement,                    The FAA may enforce the Order                       January 1, 2018, on page 330, in
                                             military aircraft operations, or public                 through an enforcement action seeking                 Appendix L to Part 305, ‘‘Sample Label
                                             aircraft operations will be                             a civil penalty under 49 U.S.C. 46301(a).             1—Refrigerator-Freezer’’ is inserted
                                             accommodated above the reservation                      The FAA also could file a civil action                before ‘‘Sample Label 3—Dishwasher’’
                                             limits with the prior approval of the                   in U.S. District Court, under 49 U.S.C.               to read as follows:
                                             Vice President, System Operations                       46106, 46107, seeking to enjoin any                   BILLING CODE 1301–00–D
daltland on DSKBBV9HB2PROD with RULES




                                        VerDate Sep<11>2014   16:42 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00041   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1



Document Created: 2018-09-18 01:19:09
Document Modified: 2018-09-18 01:19:09
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 September 18, 2018.
ContactFor questions concerning this Order contact: Bonnie C. Dragotto, Regulations Division, FAA Office of the Chief Counsel, AGC-240, Room 916N, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-3808; email [email protected]
FR Citation83 FR 47065 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR