Rule2022-23617
Operating Limitations at New York Laguardia Airport
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2022
Effective
October 28, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the Order Limiting Operations at New York LaGuardia Airport (LGA) published on December 27, 2006, as most recently extended September 18, 2020. The Order remains effective until October 26, 2024.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65159-65161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23617]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 /
Rules and Regulations
[[Page 65159]]
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), Department of
Transportation.
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, 2020. The Order remains effective until
October 26, 2024.
DATES: This action is effective on October 28, 2022.
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: <a href="/cdn-cgi/l/email-protection#2d1a004c5a4c005e4142594c494044436d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="21160c4056400c524d4e5540454c484f614740400f464e57">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For questions concerning this Order
contact: Al Meilus, Slot Administration and Capacity Analysis, FAA ATO
System Operations Services, AJR-G5, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
2822; email <a href="/cdn-cgi/l/email-protection#42232e6c2f272b2e3731022423236c252d34"><span class="__cf_email__" data-cfemail="b1d0dd9fdcd4d8ddc4c2f1d7d0d09fd6dec7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Availability of Relevant Documents
You may obtain an electronic copy using the internet by:
(1) Searching the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>;
(2) Visiting the FAA's Dynamic Regulatory System website at <a href="https://drs.faa.gov">https://drs.faa.gov</a>; or
(3) Accessing the Government Publishing Office's website at
<a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
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 docket number.
Background
The FAA historically limited the number of arrivals and departures
at LGA through the implementation of the High Density Rule (HDR).\1\ By
statute enacted in April 2000, (the Aviation Investment and Reform Act
for the 21st Century (AIR-21)), Congress terminated the HDR's
applicability to LGA beginning on January 1, 2007.\2\ The FAA issued
the Order Limiting Operations at New York LaGuardia Airport on December
27, 2006, adopting temporary limits on scheduled and unscheduled
operations at LGA 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\ Under the amended Order, the FAA
limited scheduled and unscheduled operations at the airport to prevent
congestion-related delays associated with LaGuardia's limited runway
capacity. The FAA extended the expiration date of the amended Order on
October 7, 2009, April 4, 2011, May 14, 2013, March 27, 2014, May 25,
2016, September 18, 2018, and September 18, 2020.\5\
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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).
\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; 83 FR 47065; and, 85
FR 58255.
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Under this Order, as amended, the FAA (1) maintains the current
hourly limits of 71 for scheduled operations and three for unscheduled
operations at LGA during the slot-controlled hours; (2) imposes an 80
percent minimum usage requirement for Operating Authorizations (OAs)
\6\ 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.
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\6\ Also referred to herein as ``slots.''
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The reasons for retaining the Order have not changed appreciably
since its initial issuance. Despite the dynamic demand during the 2020-
2022 period due to the COVID-19 pandemic, runway capacity at LGA
remains limited, while demand for access to LGA remains high. The FAA
has determined that the operational limitations imposed by this Order
are appropriate and necessary. During the effective period of this
Order, the FAA will continue to monitor demand, performance, and runway
capacity at LGA, to determine if changes are warranted.
In 2009, the FAA reduced the scheduling limits under this Order
from 75 operations per hour to 71 per hour to provide an opportunity to
improve operations.\7\ 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
practice, between 72 and 75 slots remain authorized in most slot-
controlled hours. The FAA, in coordination with the Office of the
Secretary of Transportation (OST), will continue to consider potential
rulemaking to codify policies for slot-controlled airports.
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\7\ 74 FR 2646 (Jan. 15, 2009).
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Pending Issues
In extending the Orders limiting operations at LGA and John F.
Kennedy International Airport (JFK) in 2018, the FAA noted that receipt
of specific proposals for policy changes that would necessitate
substantive modifications to the Orders.\8\ Consideration of these
issues is ongoing. Accordingly, the FAA is extending the expiration
date of this Order until October 26, 2024. This expiration date
coincides with the extended expiration date for the Order limiting
scheduled operations at JFK, as
[[Page 65160]]
also published elsewhere in the Federal Register.
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\8\ 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 continues to monitor demand, performance, and runway
capacity at LGA in order to determine if changes are warranted during
the effective period of this Order. The FAA is working with MITRE's
Center for Advanced Aviation System Development on a study analyzing
airport runway configurations and capacity. The continuation of this
study will investigate the projected delays with alternative demand
scenarios, as well as consider a number of the complexities associated
with LGA operations, including interaction with other nearby airports
and operational growth limitations due to the busy airspace surrounding
the New York Area.
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 planned schedules for the Winter 2022/2023
scheduling season and no substantive amendments 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 26, 2024.
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 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="07302a4650462a546b687366636a6e694761666629606871">[email protected]</a>, 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 \9\
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\9\ 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 26, 2024.
[[Page 65161]]
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 <a href="http://www.fly.faa.gov/ecvrs">http://www.fly.faa.gov/ecvrs</a>.
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 <a href="http://www.fly.faa.gov/ecvrs">http://www.fly.faa.gov/ecvrs</a>.
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 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 October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
[FR Doc. 2022-23617 Filed 10-26-22; 4:15 pm]
BILLING CODE 4910-13-P
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