[Federal Register: September 14, 2006 (Volume 71, Number 178)]
[Notices]
[Page 54331-54334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se06-86]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2006-25755]
Operating Limitations at New York LaGuardia Airport
ACTION: Proposed Order and request for comments.
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SUMMARY: The Federal Aviation Administration (FAA) has tentatively
determined that it will be necessary to place temporary limitations on
flight operations at New York's LaGuardia Airport (LaGuardia), as
described in this proposed order. The period during which the FAA
anticipates that these limitations will remain in effect is January 2,
2007, through September 30, 2007.
FOR FURTHER INFORMATION CONTACT: Komal Jain, Regulations Division,
Office of the Chief Counsel; Telephone: (202) 267-3073; E-mail:
komal.jain@faa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Order and Request for Comments
The Federal Aviation Administration (FAA) has tentatively
determined that it will be necessary to place temporary limitations on
flight operations at New York's LaGuardia Airport (LaGuardia), as
described in this proposed order. The period during which the FAA
anticipates that these limitations will remain in effect is January 2,
2007, through September 30, 2007. The FAA invites air carriers and
other interested persons to submit written comments on this proposal in
Docket FAA-2006-25755. After reviewing and evaluating the comments, the
FAA expects to issue a final order on this proposal.
In the absence of the operational limitations proposed in this
order, the FAA anticipates a return of the congestion-related delays
that the traveling public experienced in 2000. These delays were not
limited to LaGuardia, but spread to other airports throughout the
National Airspace System (NAS). In a separate docket, the FAA is
soliciting public comments on a proposed rule that would limit the
number of scheduled and unscheduled operations at LaGuardia (2006
LaGuardia NPRM).\1\ The FAA expects that the expiration of the
operational limitations under this proposed order would coincide with
the effective date of any final rule that the FAA adopts in the related
rulemaking proceeding.
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\1\ Docket FAA-2006-25709; 71 FR 51360.
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The FAA's authority to limit the number of flight operations at
LaGuardia is an essential component of the FAA's statutory
responsibilities. The FAA holds broad authority under 49 U.S.C.
40103(b) to regulate the use of the navigable airspace of the United
States. This provision authorizes the FAA to develop plans and policy
for the use of navigable airspace and, by order or rule, to regulate
the use of the airspace as necessary to ensure its efficient use.
I. Background
As a result of LaGuardia's history of congestion-related delays,
the FAA, over the course of nearly forty years, applied increasingly
detailed rules to govern the allocation and use of limited capacity at
the airport.\2\ These regulations, collectively known as the High
Density Rule and the Buy-Sell Rule (slot rules), were effective at
controlling congestion at LaGuardia. In 2000, however, out of concern
with the collateral effects of the slot rules at LaGuardia on airport
access and competition, Congress elected to phase out the slot
regulations at the airport under the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21).\3\ Congress
simultaneously directed the U.S. Department of Transportation,
effective immediately, to grant all applications for exemptions from
the slot rules for specific types of flight, i.e., flights operated by
new entrant carriers and flights that would serve small hub and non-hub
airports with aircraft with less than 71 seats operations.\4\ By
statute, the slot rules will expire at LaGuardia after January 1,
2007.\5\
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\2\ See 33 FR 17,896, 17,898 (Dec. 3, 1968); 34 FR 2603 (Feb.
26, 1969); cf. 14 CFR 93.121-93.133, 93.211-93.227 (2006)
\3\ Public Law No. 106-181, Sec. 231, 114 Stat. 61, 106-10
(2000) (codified at 49 U.S.C. 41714-16).
\4\ 49 U.S.C. 41716.
\5\ 49 U.S.C. 41715(a)(2).
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As carriers began using the slot exemptions permitted under AIR-21,
the number of scheduled flight operations at LaGuardia began to far
exceed the airport's capacity even under optimal operating
conditions.\6\ With no new airport infrastructure or air traffic
control procedures, overall airport capacity remained the same while
the
[[Page 54332]]
number of aircraft operations and delays soared. The average minutes of
delay for all arriving flights at LaGuardia increased 144% from 15.52
minutes in March 2000 (the months before AIR-21 was enacted) to 37.86
minutes in September 2000.\7\ The increase in delay was not limited to
delays at LaGuardia. Flights that arrived and departed late at
LaGuardia affected flights at other airports and in adjacent airspace
as well; by September 2000, flight delays at LaGuardia accounted for 25
percent of the nation's delays, compared to 10 percent for the previous
year.\8\
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\6\ The increase in scheduled operations at LaGuardia is
described more fully at 66 FR 31,731, 31,732-34 (June 12, 2001).
\7\ Source: FAA's Aviation System Performance Metrics (ASPM).
\8\ Calculated from FAA's Air Traffic Operations Network
Database (OPSNET).
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In order to quell the growing congestion at LaGuardia, the FAA
intervened in November 2000. The FAA reduced the number of daily
exemptions from the High Density Rule at LaGuardia to 159 during peak
operating hours and distributed the exemptions via lottery.\9\ The 159
daily operations reflected an increase of almost eleven hourly
operations above the limits in place before the statutory amendments.
Despite the FAA's partial rollback of the number of exemption flights,
LaGuardia is now operating at its peak, optimal weather capacity during
weekday daytime and evening hours and during Sunday afternoon and
evening hours, and LaGuardia continues to have a relatively serious
delay problem.
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\9\ 65 FR 69,126, 69,127-28 (Nov. 15, 2000). This was extended
through December 31, 2006. 70 FR 36998 (June 27, 2005).
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Although LaGuardia lacks the capacity to handle additional flight
operations beyond the current peak hour limits, the legislative
expiration of the High Density Rule at LaGuardia after January 1, 2007,
will eliminate the scheduling and reservation mechanisms that currently
sustain the airport's operational balance.\10\ Accordingly, the FAA has
proposed a new rule to maintain the number of operations at LaGuardia's
current hourly limits. The 2006 LaGuardia NPRM has only recently been
published for public comment, and a final rule cannot be issued before
the expiration of the High Density Rule. An order that temporarily
maintains LaGuardia's current operational limits during the interval
between the High Density Rule's expiration and the effective date of
the proposed replacement rule appears necessary, because we need to
avoid any increase in the number of operations or a significant
rescheduling of existing flights at LaGuardia.
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\10\ The FAA maintains safe operations through the use of air
traffic control procedures. Traffic management initiatives would be
applied as needed but would result in significant aircraft and
passenger delays.
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Based on past experience, the FAA expects that the termination of
the slot rules at LaGuardia will lead to a significant increase in
flights, seriously worsening delays at LaGuardia and elsewhere in the
NAS. The FAA believes that airline demand for flights into and out of
LaGuardia substantially exceeds the number of flights currently
permitted at the airport. Six years ago the statutory change that
required the Department to grant all slot exemption applications for
specified types of service created an unacceptable level of delay at
LaGuardia even though established carriers could not obtain slot
exemptions for service to larger communities or for flights operated
with larger aircraft. If the FAA does not adopt temporary limits on
LaGuardia flights, the termination of the slot rules would eliminate
all legal restrictions on the airlines' addition of flights to larger
communities and flights operated with larger aircraft.\11\
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\11\ Several years after Congress' decision in 2000 to abolish
the High Density and Buy-Sell Rules at O'Hare, the increasing
congestion and delay problems at O'Hare forced the FAA to limit
flights at that airport. See 70 FR 15521 (March 25, 2005).
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The FAA has tentatively determined not to propose several aspects
of the current slot and slot exemption rules in this proposed order. In
addition to reducing the days and hours covered by the slot rules, the
FAA is not proposing limitations based on the number of passenger seats
on the aircraft or the community served. While there may be legitimate
policy objectives for such limits, such as those under consideration in
the 2006 LaGuardia NPRM, they are not essential to control congestion
in the interim.
In order to promote the use of scarce resources, carriers would be
permitted to temporarily transfer operating authorizations to other
carriers.
The FAA proposes to include a minimum usage requirement for the
flight operations assigned under the order. These flight operations are
a scarce resource and we desire that they are efficiently utilized
during the effective period of the order. Our experience with the
August 2004 Scheduling Reduction Order at Chicago's O'Hare
International Airport, which capped scheduled arrivals during peak
hours and allocated arrival authorizations without a minimum usage
requirement, was that some carriers did not utilize their authorities
and thereby the airport, the traveling public at O'Hare and the
aviation system in general suffered unused capacity. We propose a
minimum usage requirement for the operating authorizations, as we have
adopted in the final rule reducing congestion and delay at O'Hare. 14
CFR part 93, subpart B (71 FR 51382-51404, August 29, 2006.). Carriers
would be required to use their authorizations at least 80 percent of
the time over any two month reporting period in order to retain the
authorization. The Administrator could decide to waive the 80 percent
usage requirement under highly unusual conditions that are beyond the
carrier's control and that last for at least 5 consecutive days.
In addition, this proposed order contains a lottery provision to
reallocate withdrawn, surrendered, or unallocated operating
authorizations. We propose to follow the lottery procedures set forth
in 14 CFR 93.225. The reallocation of operating authorizations by
lottery under this proposed order would be temporary. The limits on
flights and the allocation of any operations created by the FAA's final
decision in the rulemaking proceeding will control LaGuardia operations
after any new rule takes effect.
After reviewing the comments received on the following proposed
measures, the FAA expects to issue a final order that temporarily
governs flight operations at LaGuardia. Because the airport has unused
capacity in the terminal facilities, a final decision limiting the
number of flights presumably would not discourage airlines from using
their rights in a way that increased passenger traffic at LaGuardia.
The FAA has determined that it has the statutory authority to adopt
this proposal. The FAA has broad authority under 49 U.S.C. 40103 to
regulate the use of the navigable airspace of the United States.
Section 40103 authorizes the FAA to develop plans and policy for the
use of navigable airspace and to assign the use that the FAA deems
necessary for its safe and efficient utilization. It further directs
the FAA to prescribe air traffic rules and regulations governing the
efficient utilization of the navigable airspace. The FAA interprets its
broad statutory authority to ensure the efficient use of the navigable
airspace to encompass management of the nationwide system of air
commerce and air traffic control. While Congress determined to phase
out the long-standing slot rules at LaGuardia, Congress did not strip
the FAA of its authority to place operating limitations on air carriers
or other operators to preserve the efficient utilization of the
national airspace. Indeed, the FAA has used that authority to restrict
the number of slot exemptions since 2001,
[[Page 54333]]
with general support from the impacted operators.
II. Proposed Interim Measures
A. Scheduled Operations
The FAA proposes to adopt the following measures with respect to
scheduled operations at LaGuardia:
1. The final order would govern scheduled arrivals and departures
at LaGuardia from 6:30 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 would take effect on January 2, 2007, and would
expire at 9:59 p.m., Eastern Time, on September 30, 2007.
3. The final order would 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 (or
the air carrier that operates it if a non-air carrier holds such
authority) under the High Density Rule or FAA slot exemption rules as
of January 1, 2007. The FAA would 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 to conduct
scheduled passenger service and FAA operating authority under 14 CFR
part 121, 129, or 135.
4. For administrative tracking purposes only, the FAA would assign
an identification number to each operating authorization.
5. An air carrier could transfer an operating authorization to
another carrier, not to exceed the duration of the final order. An air
carrier also could trade an operating authorization to another air
carrier on a one-for-one basis, not to exceed the duration of the final
order. Notice of transfer or a trade under this paragraph would be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or e-mail 7-AWA-Slotadmin@faa.gov, and must come from a
designated representative of each air carrier. The air carriers would
be required to receive written confirmation from the FAA prior to
operating under the traded operating authority.
6. An air carrier could not buy, sell, trade, or transfer an
operating authorization, except as described in paragraph 5.
7. Every air carrier holding an operating authorization would
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 2-
month reporting period within 14 days after the last day of the 2-month
reporting period beginning January 2 and every 2 months thereafter. Any
operating authorizations not used at least 80 percent of the time over
a two-month period would be withdrawn by the FAA. The Administrator
could waive the 80 percent usage requirement in the event of a highly
unusual and unpredictable condition which is beyond the control of the
carrier and which exists for a period of 5 consecutive days or more.
8. In the event that operating authorizations are withdrawn for
non-use, surrendered to the FAA or are unassigned, the FAA would
determine whether any of the available operating authorizations should
be reallocated. If so, the FAA would conduct a lottery using the
provisions specified in 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 would revert to the FAA for
reallocation according to the reallocation mechanism prescribed in the
final rule that succeeds the final order.
9. The FAA would 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 \12\
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\12\ 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.
An air carrier can use an operating authorization for a ferry,
positioning, or other non-revenue flight. An air carrier may choose
to do so if a reservation is not available. 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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Under the High Density Rule, the FAA requires all operators at
LaGuardia to obtain a reservation for each takeoff or landing.\13\ Each
reservation for an unscheduled operation at LaGuardia is an
authorization for a one-time arrival or departure on a specific date
within a specific 30-or 60-minute period. FAA Advisory Circular 93-1,
``Reservations for Unscheduled Operations at High Density Traffic
Airports,'' describes the procedures for obtaining a reservation. The
FAA uses similar procedures for Special Traffic Management Programs
implemented to respond to temporary increases in airport demand caused
by special events such as major conventions or sporting events, and the
FAA intends to use these procedures to allocate reservations for
unscheduled operations at LaGuardia under the final order.
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\13\ See, e.g., 14 CFR 93.125 (2006).
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The FAA proposes to implement a reservation system for unscheduled
operations to ensure that demand is spread reasonably throughout the
day in support of the FAA's peak hour operational cap for scheduled and
unscheduled flights. The FAA proposes to permit six (6) unscheduled
operations per hour from 6:30 a.m. through 9:59 p.m., Eastern Time,
Monday through Friday and 12 noon through 9:59 p.m., Eastern Time, on
Sunday. This is consistent with the current number of peak hour
reservations available for unscheduled operations at LaGuardia. The FAA
believes that a half-hour allocation period is appropriate and proposes
to limit reservations in each half-hour period to no more than three
(3) operations (arrivals and departures) unless otherwise authorized by
the Air Traffic Organization.
Therefore, with respect to unscheduled flight operations at
LaGuardia, the FAA proposes to adopt the following measures:
1. The final order would apply to all operators of unscheduled
flights, except helicopter operations, at LaGuardia from 6:30 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 would take effect on January 2, 2007, and would
expire at 9:59 p.m., Eastern Time, on September 30, 2007.
3. No person could 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
[[Page 54334]]
available via the Internet at http://www.fly.faa.gov/ecvrs.
4. Six (6) reservations would be available per hour for unscheduled
operations at LaGuardia. The ARO would assign reservations on a 30-
minute basis.
5. The ARO would receive and process all reservation requests.
Reservations would be 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 would 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 could be filed. The IFR flight plan would include the
reservation number in the ``remarks'' section and would be filed in
accordance with FAA regulations and procedures.
7. Air Traffic Control would accommodate declared emergencies
without regard to reservations. Non-emergency flights in direct support
of national security, law enforcement, military aircraft operations, or
public-use aircraft operations would 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 would be
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
could accommodate additional reservations over a specific period.
Unused operating authorizations could also be temporarily made
available for unscheduled operations. Reservations for additional
operations would be obtained through the ARO.
9. Reservations could not be bought, sold, or leased.
III. Request for Comments
The FAA invites all interested persons to submit written comments
on the proposals described in this order by filing their written views
in Docket FAA-2006-25755 on or before October 16, 2006. The FAA does
not intend this proposal to address the longer-term issues that will be
considered in the related proposed rulemaking. Therefore, any
submissions to the current docket should focus on the issues specified
in this proposed order.
Issued in Washington, DC, on September 7, 2006.
Nan Shellabarger for Nancy LoBue,
Deputy Assistant Administrator for Aviation Policy, Planning, and
Environment.
[FR Doc. E6-15221 Filed 9-13-06; 8:45 am]
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