[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47065-47067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20226]


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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.

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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\
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    \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).
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    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\
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    \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.
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    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\
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    \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.
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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
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    \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.
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    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