[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12355-12357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05381]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2014-1073; Notice No. 14-11A]
RIN 2120-AJ89


Slot Management and Transparency for LaGuardia Airport, John F. 
Kennedy International Airport, and Newark Liberty International 
Airport; Extension of Comment Period; Availability of Further Data; 
Request for Public Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking; Extension of comment period.

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

SUMMARY: This action extends the comment period for a notice of 
proposed rulemaking (NPRM) published on January 8, 2015. In the NPRM, 
the U.S. Department of Transportation (DOT) and the FAA proposed to 
replace the Orders limiting scheduled operations at John F. Kennedy 
International Airport (JFK) and Newark Liberty International Airport 
(EWR), and limiting scheduled and unscheduled operations at LaGuardia 
Airport (LGA). The Orders are scheduled to expire when the rulemaking 
is final and in effect, but not later than October 29, 2016. The 
proposed rule is intended to provide a longer-term and comprehensive 
approach to slot management at JFK, EWR, and LGA.
    The FAA has also placed further information in support of the 
proposal in the docket for this rulemaking.
    Finally, this document responds to a request for a public meeting 
regarding this rulemaking.

DATES: The comment period for the NPRM is extended until May 8, 2015.

ADDRESSES: You may send comments identified by docket number FAA-2014-
1073 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Molly Smith, Office of Aviation Policy and Plans, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-3274; email 
[email protected]; Susan Pfingstler, System Operations Services, 
Air Traffic Organization,

[[Page 12356]]

Federal Aviation Administration, 600 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-6462; email 
[email protected]; or Peter Irvine, U.S. Department of 
Transportation, Office of Aviation Analysis, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone (202) 366-3156; email: 
[email protected].
    For legal questions concerning this action, contact Bonnie 
Dragotto, Office of the Chief Counsel, Regulations Division, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3808; email [email protected]; or 
Cindy Baraban, U.S. Department of Transportation, Office of the General 
Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone 
(202) 366-9159; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On January 8, 2015, the DOT and the FAA published an NPRM entitled 
``Slot Management and Transparency for LaGuardia Airport, John F. 
Kennedy International Airport, and Newark Liberty International 
Airport'' (80 FR 1274). Comments regarding the proposal were to be 
received on or before April 8, 2015.
    By letters posted to the public docket, Airlines for America and 
the International Air Transport Association, as well as the Airports 
Council International-North America, American Association of Airport 
Executives, the Port Authority of New York and New Jersey (Port 
Authority), and the Regional Plan Association, have requested that the 
comment period for the NPRM be extended for an additional 60 days up to 
and including June 8, 2015. In support of the extension request, the 
petitioners noted that the NPRM was lengthy and technical in nature, 
and included approximately 40 questions for comment, some of which 
require the public to analyze the impact of the provisions on 
operations at the affected airports and submit supporting data and 
analysis of the anticipated impacts.
    While the DOT and the FAA concur with the petitioners' requests for 
an extension of the comment period for the NPRM, we are not persuaded 
that an additional 60 days is necessary to provide comment on this 
proposal. The DOT and the FAA find that providing an additional 30 days 
is sufficient for these petitioners to analyze the NPRM and provide 
meaningful comment.
    Absent unusual circumstances, we do not anticipate any further 
extension of the comment period for this rulemaking.

Request for Data and Analysis

    The petitioners also requested that the FAA provide certain data 
and analysis referenced in the NPRM and the regulatory impact analysis 
(RIA) accompanying the rule. Specifically, the petitioners requested 
that the FAA provide all models, data and analysis, including the MITRE 
queuing models and the University of Maryland (UMD) Delay Model, as 
well as the raw data used in the model to forecast the impact of the 
changes as a result of the proposed use-or-lose requirement.
    As described in the NPRM, MITRE Center for Advanced Aviation System 
Development (CAASD) Modeling and Analysis conducted a series of 
operational analyses and modeling for the FAA. In response to the 
petitioners' requests, the following documents have been placed in the 
docket for this rulemaking:
     Overview of MITRE Queuing Delay Model;
     Modeling reflecting Summer 2008 Orders Limiting Scheduled 
Operations at JFK and EWR;
     Additional Scheduled Operations Analysis for JFK and EWR;
     Airport Runway Capacity Analyses for JFK, LGA, and EWR;
     Operational Performance Analyses for JFK, LGA, and EWR; 
and
     Historical Unscheduled Traffic Counts at JFK, LGA, and 
EWR.
    The FAA has also placed the UMD Delay Model and supporting data, as 
used in the RIA, in the docket for this rulemaking.
    Additionally, the Port Authority requested slot utilization records 
including slot holder, operator, and terms of any slot lease and trade 
agreements in a form such as a Microsoft Excel spreadsheet or Microsoft 
Access database. The FAA does not track or maintain slot information in 
the form and manner as requested. The FAA also does not have 
information on the terms of slot leases or trade agreements, as the 
current Orders do not require carriers to submit terms to the FAA. 
Nonetheless, additional information to address this request has been 
placed in the docket, including information to help the public 
understand this proposal as well as information relied upon by the 
agency in developing the NPRM. This additional information includes:
     Slot allocation reports for summer and winter seasons from 
2009-2012 (January and July) for JFK, LGA, and EWR.
     Uneven slot transfers at JFK, LGA, and EWR from 2009-2012 
reflecting slots that were transferred between carriers on other than a 
one-for-one basis at the same airport. Transfers between carriers under 
unified market control, such as mainline and regional partners, are not 
included in the uneven transfer lists.
     Slot allocation reports for Mondays in August 2009 to 
reflect the analysis of scheduled and actual operations compared to 
allocated slots as discussed in the RIA.
     Scheduled flight information from FAA's Innovata data base 
for Mondays in August 2009. Slot usage information is submitted to the 
FAA in various formats by carriers to report their actual operations 
using an allocated slot. Under current practice, the FAA uses this 
information along with supporting FAA air traffic control and 
operational data to determine if the minimum usage requirement has been 
met by a particular operator. The FAA uses information on actual and 
planned flights, rather than carrier slot usage reports, for 
operational and historical trend analyses at slot controlled 
airports.\1\ Scheduled demand was compared to allocated slots, as 
discussed in the RIA. Information on published schedules for other 
dates is available from commercial and other sources outside the FAA.
---------------------------------------------------------------------------

    \1\ The NPRM discusses slot usage reporting practices permitted 
under the current Orders, which allow carriers to optimize slot use 
by distributing flights between all the slots the carrier holds in a 
particular half-hour slot time. 80 FR 1287 (Jan. 8, 2015). The FAA 
observes the results of this practice using operational data.
---------------------------------------------------------------------------

Request for Public Meeting

    By letter posted to the public docket on February 17, 2015, the 
National Air Transportation Association requested that the DOT and the 
FAA hold a public meeting to allow affected stakeholders to ask 
clarifying questions and discuss the NPRM. The DOT and the FAA have 
carefully considered this request.
    In light of the comment period extension and additional information 
provided for review, analysis, and comment, the DOT and the FAA will 
not hold a public meeting at this time. We encourage all interested 
persons to submit detailed comments on the NPRM to the docket. All 
comments submitted to the docket will be considered by the agency in 
developing a final rule. The submission of comments to the public 
docket provides the most transparent means for all interested parties 
to participate at this stage in the rulemaking process.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the

[[Page 12357]]

DOT and the FAA have reviewed the petitions for an extension of the 
comment period for the proposal. The petitioners have shown a 
substantive interest in the proposed rule and good cause for extending 
the comment period.
    Accordingly, the comment period for the NPRM is extended until May 
8, 2015.

Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the DOT and the FAA will consider all comments received on or 
before the closing date for comments. We will also consider comments 
filed after the comment period has closed if it is possible to do so 
without incurring expense or delay. The agency may change this proposal 
in light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD ROM, mark the outside of the disk or CD ROM, and identify 
electronically within the disk or CD ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under the DOT 
procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from 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 Publishing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

    Issued under authority provided by 49 U.S.C. 106(f) in 
Washington, DC, on March 3, 2015.
Richard M. Swayze,
Assistant Administrator for Policy, International Affairs, and 
Environment.
[FR Doc. 2015-05381 Filed 3-6-15; 8:45 am]
 BILLING CODE 4910-13-P