[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66516-66517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26567]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2008-0517; Amdt. No. 93-88]
RIN 2120-AJ28


Congestion Management Rule for John F. Kennedy International 
Airport and Newark Liberty International Airport; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The FAA is correcting a final rule published in the October 
10, 2008, Federal Register. The final rule addressed congestion in the 
New York City area by assigning slots at John F. Kennedy (JFK) and 
Newark Liberty (Newark) International Airports in a way that allows 
carriers to respond to market forces to drive efficient airline 
behavior. The original rule incorrectly identified the date by which 
limited slots will revert to the FAA for auction. This rule corrects 
the date.

DATES: This correction will become effective on December 9, 2008.

FOR FURTHER INFORMATION CONTACT: Rebecca MacPherson, FAA Office of the 
Chief Counsel, 800 Independence Ave., SW., Washington, DC 20591; 
telephone (202) 267-3073; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On October 10, 2008 (73 FR 60544), the FAA published a final rule 
that will grandfather most of the existing operations at the airports. 
However, carriers will be required, for the first time, to purchase 
collectively approximately ten percent of the slots at each of the 
airports. There are no carve-outs or special provisions for new 
entrants or limited incumbents. This rule will improve the efficiency 
of the National Airspace System by forcing a market-based mechanism for 
establishing the value of slots. Under prevailing economic theory, once 
the true value of slots is assessed, carriers

[[Page 66517]]

will make financial business decisions that would maximize the slots' 
use.
    In the final rule, the FAA intended the initial reversion of slots 
for auction to take effect 30 days after the final rule's effective 
date, which would be January 8, 2009. This was the time period 
referenced in the final rule as approved by the Office of Management 
and Budget. The January 13, 2009 date published in the Federal Register 
reflects an incorrect time period of 35 days following the final rule 
effective date.
    At present, the FAA intends to auction the initial slate of slots 
on or about January 12, 2009. While the slots revert to the FAA under 
the rule on January 8, 2009, the FAA is not required to conduct the 
auction on that date, and no carrier will lose the ability to operate 
any slot that meets the usage requirements of the John F. Kennedy (JFK) 
and Newark Liberty (Newark) International Airport Orders before October 
25, 2009. Accordingly, this correction notice will have no practical 
impact on carriers operating at the airports.

Correction

0
In final rule FR Doc. E8-24046 published on October 10, 2008 (73 FR 
65044), make the following correction.


Sec.  93.165  [Corrected]

0
On page 60569, in the third column, in Sec.  93.165, paragraph (c), 
remove the date ``January 13, 2009'' and add in its place the date 
``January 8, 2009''.

    Issued in Washington, DC, on November 3, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E8-26567 Filed 11-7-08; 8:45 am]
BILLING CODE 4910-13-P