[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58255-58258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18400]


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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: Department of Transportation, Federal Aviation Administration 
(FAA).

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 September 18, 2018. The Order remains effective until 
October 29, 2022.

DATES: This action is effective on September 18, 2020.

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 Dragotto, Regulations Division, FAA Office of the Chief 
Counsel, AGC-250, 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

[[Page 58256]]

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, May 25, 2016, and 
September 18, 2018.\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; 81 FR 33126; and, 83 FR 47065.
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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. Based upon experience from the 2018-2020 
period, runway capacity at LGA remains limited, while demand for access 
to LGA remains high. In 2009, the FAA reduced the scheduling limits 
under this Order from 75 operations per hour to 71 per hour in order to 
provide an opportunity to improve operations.\6\ The FAA did not 
require a reduction of historic slots to reach the new hourly limits. 
Instead, historic allocations were honored. However, slots voluntarily 
returned or withdrawn per the terms of the Order are not reallocated if 
the hourly totals exceed the revised 71 hourly scheduling limit. As a 
result of this historic ``grand-fathering,'' between 72 and 75 slots 
remain authorized in most slot-controlled hours.
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    \6\ 74 FR 2646 (Jan. 15, 2009).
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    The FAA has reviewed the on-time and other performance metrics in 
the peak May to August 2018 and 2019 months and found declining 
performance in several metrics relative to the same period in 2008 and 
year over year.\7\ The FAA has determined that the operational 
limitations imposed by this Order remain necessary. Notwithstanding the 
disruption caused by the COVID-19 public health emergency, the duration 
of which is uncertain, without the operational limitations imposed by 
this Order, the FAA expects severe congestion-related delays due to the 
anticipated demand for new operations and the retiming of existing 
flights into more desirable hours. During the effective period of this 
Order, the FAA will continue to monitor demand, performance, and runway 
capacity at LGA, including the effects of the COVID-19 public health 
emergency, to determine if changes are warranted.\8\ 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).\9\
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    \7\ A copy of the supporting MITRE analysis has been submitted 
to FAA Docket No. FAA-2006-25755.
    \8\ The limited waiver of the minimum slot usage requirement for 
JFK and LGA airports published on March 16, 2020, 85 FR 15018, and 
extended on April 17, 2020, 85 FR 21500, remains in effect through 
October 24, 2020.
    \9\ Operating Limitations at John F. Kennedy International 
Airport. 73 FR 3510 (Jan. 18, 2008), as amended.
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Pending Issues

    In the FAA's 2018 actions extending the JFK and LGA Orders, the FAA 
noted that it has received specific proposals for policy changes that 
would necessitate amending the Orders.\10\ Consideration of these 
issues is ongoing. Accordingly, the FAA is extending the expiration 
date of this Order until October 29, 2022. This expiration date 
coincides with the extended expiration date for the Order limiting 
scheduled operations at JFK, as also published elsewhere in this issue 
of the Federal Register. This LGA action incorporates ministerial 
changes to the terms of the Order concerning internal FAA process, 
removing an obsolete provision concerning the final decision-maker in 
paragraph A3, and adding a comprehensive provision concerning the final 
decision-maker under the Order at new paragraphs A9 and B10. This 
action also adds a provision for revocation and amendment at new 
paragraphs A10 and B11 consistent with the terms of the JFK Order, and 
makes other minor edits to improve readability.
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    \10\ See discussion of ``Current Issues'' in 2018 JFK Order, 83 
FR at 46865, and LGA Order, 83 FR at 47065.
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    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 
2020/2021 season and no substantive 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 took effect on January 1, 2007, and will expire on 
October 29, 2022.
    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

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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 and with operating authority from FAA under 14 CFR 
part 121, 129 or 135.
    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, are 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.
    9. The Vice President, System Operations Services, in coordination 
with the Chief Counsel of the FAA, is the final decision maker for 
determinations under this Order.
    10. The FAA may modify or withdraw any provision in this Order on 
its own or on application by any carrier for good cause shown.

B. Unscheduled Operations: \11\
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    \11\ 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 took effect on January 1, 2007, and will expire on 
October 29, 2022.
    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 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.
    10. The Vice President, System Operations Services, in coordination 
with the Chief Counsel of the FAA, is the final decision maker for 
determinations under this Order.
    11. The FAA may modify or withdraw any provision in this Order on 
its own

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or on application by any carrier for good cause shown.

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 or Department of 
Justice also could file a civil action in U.S. District Court, under 49 
U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from 
violating the terms of the Order.

    Issued in Washington, DC, on August 18, 2020.
Virginia Boyle,
Deputy Vice President, System Operations Services.
[FR Doc. 2020-18400 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-13-P