[Federal Register: October 24, 2006 (Volume 71, Number 205)]
[Proposed Rules]
[Page 62217-62219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc06-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2006-25709; Notice No. 06-13]
RIN 2120-AI70
Congestion Management Rule for LaGuardia Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
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SUMMARY: This action extends the comment period for the NPRM published
August 29, 2006 (71 FR 51360). Under the NPRM, the FAA proposed to
establish an operational
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limit on the number of aircraft landing and taking off at New York's
LaGuardia Airport. This extension is a result of requests from the
Airports Council International--North America (ACI-NA), the Air
Transport Association of America (ATA) and the Regional Airline
Association (RAA), and the Port Authority of New York and New Jersey
(Port Authority) for additional time to comment on the proposal.
DATES: Comments must be received on or before December 29, 2006.
ADDRESSES: You may send comments to Docket No. FAA-2006-25709 using any
of the following methods:
DOT Docket Web site: Go to http://dms.[fxsp0]dot.gov and
follow the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Molly W. Smith, Office of Aviation
Policy and Plans, APO-001, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
3275; e-mail molly.w.smith@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.[fxsp0]dot.gov.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal in light of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD ROM, mark the outside of the disk or CD
ROM and also identify electronically within the disk or CD ROM the
specific information that is proprietary or confidential.
Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Background
On August 29, 2006, the Federal Aviation Administration (FAA)
issued Notice No. 06-13, ``Congestion Management Rule for LaGuardia
Airport'' (71 FR 51360). The comment period for the NPRM was 60 days,
scheduled to end on October 30, 2006.
In a comment submitted to the docket assigned to the NPRM (Docket
No. FAA-2006-25709), the Airports Council International--North America
(ACI-NA) requested we extend the comment period an additional 30 days.
In a letter dated September 22, 2006, ACI-NA stated that the NPRM is a
highly significant rulemaking that will affect its members, including
the Port Authority. ACI-NA stated that the comment period was too short
to adequately examine and address all potential effects on its members,
especially effects on small-hub and non-hub airports. ACI-NA requested
the FAA extend the comment period to expire on November 29, 2006.
On October 3, 2006, the Air Transport Association of America (ATA)
and Regional Airline Association (RAA) submitted a joint comment
requesting extension of the comment period. ATA and RAA requested an
extension of the comment period to consider, research, and understand
the operational consequences and the legal and policy implications of
the NPRM. Additionally, ATA and RAA feel an extension of the comment
period would not delay the rulemaking since the FAA is still seeking
legislative authority to complete it and has published a proposal to
place temporary limitations on operations through an Order.\1\ ATA and
RAA stated that the NPRM raises significant policy and legal questions,
including issues under the Administrative Procedures Act, FAA's
authority to regulate aircraft size and service, authority to withdraw
operating rights, and economic and
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financial impacts on airlines operating at the airport. Additionally,
ATA stated that the FAA has had years to consider and develop an
economic analysis to support the proposed rule, and 60 days is not
enough time for its staff to review the FAA's Regulatory Evaluation
properly and produce its own report. ATA and RAA feel that since the
final rule is dependent on legislative authority they believe may not
be granted until 2008, and the FAA's own proposed Order will maintain
current operations through September 2007, promulgation of the final
rule will not be delayed by extending the comment period until January
22, 2007.
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\1\ Proposed Order, ``Operating Limitations at New York
LaGuardia Airport,'' published in the Federal Register on September
14, 2006. (71 FR 54331) (Docket FAA-2006-25755).
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On October 6, 2006, the Port Authority requested that the comment
period for the NPRM be extended an additional 180 days until April 27,
2007. The Port Authority, as the operator of the airport, requests the
extension to research, consider, and thoroughly understand the
operational consequences and the legal and policy implications of the
proposal. The Port Authority also states that it is concurrently
preparing a response to the FAA's proposed Order and will be able to
focus more time on responding to the NPRM if the comment period is
extended through April 2007. On October 10, 2006, ATA and RAA submitted
a joint letter of support for the Port Authority's request that the
comment period be extended until April 27, 2007.
We have considered the requests for extension presented by ACI, ATA
and RAA, and the Port Authority and weighed the requests against the
interest of proceeding with the comment period closing on the
originally intended date. We agree there are important legal, policy,
and operational issues involved in the NPRM, and we wish to provide
adequate time for all affected parties to evaluate the proposal in its
entirety. To date, we have received three specific requests for
extension and consider their merits equal. The FAA agrees that an
extension for the comment period is in the public interest; however, we
feel that sufficient justification has not been given for an extension
beyond 60 days. ATA and RAA's request for a 90-day extension is based,
in part, on an apparent misunderstanding that FAA must obtain
legislative authority to complete the proposed rule. At a meeting FAA
attended at ATA on September 19th, to answer clarifying technical
questions related to the NPRM, FAA made clear its intentions to issue a
Final rule prior to receiving any legislative authority to implement
market based mechanisms such as auctions or congestion pricing at
LaGuardia. (A summary of this meeting is being placed in the docket.)
The NPRM states that subsequent rulemaking would be required to address
the reallocation of expired Operating Authorizations or to implement
any new legislative authority. Similarly, the Port Authority does not
provide a compelling rationale as to why they would need a 180-day
extension to the comment period. An eight-month comment period is not
warranted even granted the complexity of this NPRM. Therefore, the
comment period for Notice No. 06-13 is extended an additional 60 days
and will expire on December 29, 2006. This extension should provide
commenters with sufficient time to complete any review and submit
comment. Absent unusual circumstances, the FAA does not anticipate any
further extension of the comment period for this rulemaking.
Extension of Comment Period
In accordance with Sec. 11.29(c) of Title 14, Code of Federal
Regulations, the FAA has reviewed the petitions made by the Airports
Council International--North America, Air Transport Association and
Regional Airline Association, and the Port Authority of New York and
New Jersey for extension of the comment period to Notice No. 06-13. The
petitioners have a substantive interest in the proposed rule and the
FAA has determined that an extension of the comment period is
consistent with the public interest.
Accordingly, the comment period for Notice No. 06-13 is extended
until December 29, 2006.
Issued in Washington, DC, October 17, 2006.
Nan Shellabarger,
Director, Office of Aviation Policy and Plans.
[FR Doc. E6-17818 Filed 10-23-06; 8:45 am]
BILLING CODE 4910-13-P