[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Pages 42700-42701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20403]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-9854]


Notice of Alternative Policy Options for Managing Capacity at 
LaGuardia Airport and Proposed Extension of the Lottery Allocation; 
Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice extending comment period on alternative policy options 
for managing capacity and mitigating congestion and delay at LaGuardia 
Airport (LGA).

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SUMMARY: On June 12, 2001, the FAA requested comments on the 
feasibility and effectiveness of five different demand management 
options that could be used to replace the current temporary 
administrative limits on the number of aircraft operations at LGA. 
Parties wishing to file comments on these options were given until 
August 13, 2001. (The Federal Register notice referred to these options 
for addressing a longer-term solution at LGA as ``Phase Two,'' Docket 
9854. In contrast, ``Phase One'' (Docket 9852) addressed the temporary 
extension of the current administrative lottery allocation of slot 
exemptions at LGA). By this notice, the FAA is extending the time 
period for public comment on Phase Two from August 13 to October 12, 
2001.

DATES: Comments on Phase Two must be received on or before October 12, 
2001.

ADDRESSES: Comments should be mailed or delivered in duplicate, to: 
U.S. Department of Transportation Dockets, Docket No. FAA-2001-9854 for 
Phase Two, 400 Seventh Street, SW, Room Plaza 401, Washington, DC 
20590. Comments may also be sent electronically to the following 
Internet

[[Page 42701]]

address: http://dms.dot.gov. Comments may be filed and/or examined in 
Room Plaza 401 between 10:00 a.m. and 5:00 p.m. weekdays except Federal 
holidays.
    The FAA will acknowledge receipt of a comment if the commenter 
includes a pre-addressed, stamped postcard with the comment. The 
postcard should be marked ``Comments to Docket No. FAA-2001-9854'' for 
Phase Two. When the comment is received by the FAA, the postcard will 
be dated, time stamped, and returned to the commenter.

FOR FURTHER INFORMATION CONTACT: John M. Rodgers, Director, Office of 
Aviation Policy and Plans, 800 Independence Avenue, SW, Washington, DC 
20591; telephone number 202-267-3274.

SUPPLEMENTARY INFORMATION:  

Background

    The FAA recently issued a ``Notice of Alternative Policy Options 
for Managing Capacity at LaGuardia Airport and Proposed Extension of 
the Lottery Allocation'' (65 FR 31731, June 12, 2001). In that notice, 
commenters were asked to submit detailed analyses of two different 
market-based approaches, and of three types of administrative options, 
to allocated capacity at LGA. Commenters were also encouraged, to the 
extent appropriate, to submit remarks on variations to these options.
    By letters dated June 21, 2001 and July 10, 2001, the Air Transport 
Association of America (ATA, the principal trade and service 
organization of the major scheduled air carriers in the United States) 
and the Regional Airline Association (RAA, the representative of the 
interests of short-haul scheduled airlines), respectively, requested 
that the FAA extend the comment period for Phase Two for an additional 
180 days. Both associations claim that the options presented would have 
a significant impact on their members and that the initial 60-day 
comment period does not provide adequate time for the respective 
associations to conduct the required analysis of the demand management 
options proposed in the notice and to coordinate a response with their 
membership. The associations also state that the proposed options have 
not been used at other domestic airports and have untested 
consequences. Additionally, the ATA notes that formulation of comments 
with regard to congestion pricing options will require extensive 
economic, operational, and legal analyses. As further support for their 
motions, both associations state their belief that the ramifications of 
the inquiry at LGA will be national in scope and determinative of FAA 
policy. They further argue that the 60-day comment period is unfair 
because formulation of demand management options proposed in the Notice 
took the agency several months to complete and consequently commenters 
should be allowed a similar length of time to respond.
    The Airports Council International North America (ACI-NA) and 
America West Airlines, Inc. oppose the requested 180 day extension. The 
ACI-NA stated that a ``substantial extension'' of the comment period is 
not warranted since the FAA specifically requested that commenters 
focus on the broad public policy issues raised in the notice, as 
opposed to the legal and international issues on which comment will be 
sought subsequently. America West argued that extension of the comment 
period would delay implementation of a new demand management policy at 
LGA that could provide increased access at LGA for new entrants and 
limited incumbents. In addition, Congressman Benjamin A. Gilman, in a 
letter to FAA's Administrator dated June 27, 2001, also expressed 
opposition to any extension of the comment period, citing that the 
problem at LGA cannot wait indefinitely for a solution and extending 
the comment period only favors those who have the resources to weather 
the status quo.

Extension of Comment Period

    Under our rules (14 CFR 11.47), FAA may grant a request for more 
time to file comments when a requester shows that it is in the public 
interest and that the requester has good cause. The FAA has determined 
that it would be reasonable and in the public interest to give 
commenters more time to prepare their submissions. FAA believes a 60 
day extension (resulting in a total of 120 days to comment on Phase 
Two) provides an adequate time period for commenters to analyze, 
coordinate, and file comments on the demand management options at LGA. 
A 180 day extension, on the other hand, (for a total of 240 days to 
comment on Phase Two) is not necessary, particularly since--as 
recognized by ACI-NA''s comments--we have requested that commenters 
``set aside consideration of the current statutory, regulatory, or 
international authorities'' and concentrate their analysis on the 
public policy considerations. (See, 66 FR 31736, 31740, June 12, 2001). 
Further, as discussed the June 12, 2001 Federal Register Notice, the 
circumstances at LGA are unique for several reasons, including those 
pertinent to LGA's effects on the national airspace system, to the 
scheduled phase-out of the High Density Rule (HDR) at that airport, and 
to the elimination of the HDR on January 1, 2007. 49 U.S.C. 
41715(a)(2). The Office of the Secretary and the FAA, as noted in the 
June 12 Notice, intend to conduct a broader inquiry into demand-based 
management options on a nationwide basis, separate from this LGA 
docket. Accordingly, it is not necessary for commenters to Docket No. 
FAA-2001-9854 to consider the feasibility of the LGA options on a 
nationwide scale; additionally, the LGA options will not necessarily be 
determinative of the Department's policy on a national scope. While we 
are interested in a prompt study and analysis of longer-term options to 
allocate capacity at LGA, we realize that the airline industry needs 
some additional time to formulate and coordinate its comments. The FAA 
believes an additional 60 days is adequate for commenters to conduct 
their analyses and provide meaningful comment to the Federal Docket, 
Docket No. FAA-2001-9854. In addition, the agency will provide 
opportunity for public comment on future actions concerning the longer-
term approach that the agency selects to allocate capacity at LGA. 
Absent unusual circumstances, the FAA does not anticipate any further 
extension of the Phase Two comment period of this notice.
    Accordingly, the FAA grants, in part, the requests of the Air 
Transport Association of America and the Regional Airline Association 
to extend the date by which comments to Docket No. FAA-2001-9854 are 
due to October 12, 2001; and denies all other requests.

    Issued on August 9, 2001 in Washington DC.
Richard Rodine,
Acting Deputy Assistant Administrator for Policy, Planning, and 
International Aviation.
[FR Doc. 01-20403 Filed 8-9-01; 3:59 pm]
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