
[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2646-2648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-156]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2006-25755]


Operating Limitations at New York's LaGuardia Airport; Notice of
Order

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Amendment to Order.

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SUMMARY: The Federal Aviation Administration (FAA) is amending its
December 12, 2006 Order, which temporarily capped the scheduled
operations at New York's LaGuardia Airport (LaGuardia) pending the
implementation of a longer-term regulation to manage congestion there.
In particular, we are amending the Order to move toward an hourly limit
of 71 operations from 6 a.m. through 9:59 p.m., Eastern Time, Monday
through Friday, and 12 noon through 9:59 p.m., Eastern Time, on Sunday.
To move toward this new hourly limit, we do not through this amendment
force air carriers to relinquish Operating Authorizations at the
airport. Instead, the FAA will accept voluntary flight reductions for
the duration of the Order, whereupon the FAA will retire the
surrendered Operating Authorizations until an hourly average of 71
scheduled operations is achieved. In the event that the current final
rule takes effect, that rule would impose a reduction in scheduled
service using the air carriers' base of operations during the week of
September 28, 2008. The FAA published that rule on October 10, 2008,
and it is presently stayed pending judicial review. If it proves
necessary to require a reduction in scheduled operations through a
future amendment of the Order, air carriers that voluntarily surrender
Operating Authorizations under this initiative will be credited with
voluntary schedule reductions that they commit to on or before February
2, 2009.
    The FAA will accept voluntarily offered schedule reductions through
February 2, 2009, and expects air carriers to suspend service at
LaGuardia under this arrangement on or before May 31, 2009. The FAA
separately extended the Order's expiration until 11:59 p.m., Eastern
Time, on October 24, 2009.\1\
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    \1\ 74 FR 845 (Jan. 8, 2009).
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    If you wish to review the background documents or comments received
in relation to this amendment, you may go to http://www.regulations.gov
at any time and follow the online instructions for accessing the
electronic docket. You may also go to the U.S. Department of
Transportation's Docket Operations in Room W12-140 on the ground floor
of the West Building at 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday, except
Federal holidays.

DATES: This amendment is effective on the date of publication.

FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations
Services, Air Traffic Organization; telephone--(202) 267-9424; e-mail_
gerry.shakley@faa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The FAA briefly outlined the history of congestion at LaGuardia and
the FAA's management of the problem in the proposal for these
amendments.\2\ The problem, stated succinctly, is that the current cap
of 75 scheduled operations per hour is very close to the maximum
throughput for LaGuardia's two-runway configuration in optimal
meteorological and operational conditions. If there are delays due to
adverse weather or other operational reasons, a limit of 75 scheduled
operations simply does not permit the airport a significant opportunity
to recover, often consigning the airport to delays for the rest of the
day.
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    \2\ 73 FR 79,201 (Dec. 24, 2008).
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    The FAA's experience in managing congestion at other airports
reflects that scheduled service short of maximum airport throughput
permits needed flexibility to restore the schedule in many instances
when the airport falls behind the published schedules. The FAA's
proposal and this amendment are intended to give LaGuardia an
additional margin of operational flexibility, providing increased
reliability for passengers and others who depend on efficient air
transportation. Depending on the air carriers' response to this
initiative, LaGuardia passengers and air carriers can expect varying
levels of relief from congestion-related delay.

II. Discussion of the Written Submissions

A. An Hourly Cap of 71 Scheduled Operations at LaGuardia Strikes an
Appropriate Balance Between Airport Throughput and Operational
Efficiency

    The Port Authority of New York and New Jersey (Port Authority)
contends that evidence is lacking that the currently hourly cap of 75
scheduled operations is too high. Instead, the Port Authority advocates
that the FAA focus exclusively on operational improvements that might
incrementally increase the maximum throughput of the airport's two-
runway configuration.
    Contrary to the Port Authority's intimation, the FAA continues to
advance short-, intermediate-, and long-term initiatives that will
improve LaGuardia's operating efficiency. The FAA achieved many such
initiatives in 2008 and will field many more in 2009. There are limits
to the gains that can be achieved at LaGuardia, given the airport's
physical constraints, however. Over the near term while the Order
remains in effect, these operational improvements will not make an
hourly rate of 75 scheduled operations consistently achievable on an
average day. Accordingly, the FAA determined that a modest, voluntary
operational cut

[[Page 2647]]

merited enough consideration to solicit the public's comments.
    The Port Authority also asserts that LaGuardia's on-time
performance has recently improved, negating the need for a reduction in
scheduled operations. In particular, the Port Authority points to the
airport's performance in 2008, which was slightly better than its
performance in 2007.
    LaGuardia's on-time performance in 2007 was the airport's second
worst performance in its history, falling only behind 2000, when
operations at LaGuardia were nearly unconstrained. As a result, a
modest improvement in 2008, while noteworthy, does not make the airport
objectively efficient. Indeed, the comments received on the FAA's
proposal do not bear out the Port Authority's assertion. None of the
air carrier and passenger interest commenters expressed satisfaction
with LaGuardia's current performance. To the contrary, such commenters
uniformly expressed at least general support for the FAA effort to
improve LaGuardia's operational efficiency through operational
reductions. Moreover, one air carrier expressed concern that the FAA's
effort to trim LaGuardia to 71 hourly scheduled operations does not cut
deeply enough. The FAA is satisfied that its proposal to reduce
scheduled operations at the airport through the end of the Order is
appropriate.\3\
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    \3\ The Port Authority also notes that, in contrast to the FAA's
proposal, the FAA's 2004 airport benchmark report concluded that 75
scheduled operations per hour was within an appropriate range for
LaGuardia. As American Airlines observes in its supplemental
comments, LaGuardia's performance receded markedly after 2004 before
improving modestly in 2008.
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B. The Suggested Variations on the FAA's Proposal Would Have
Undesirable Consequences

    Three air carrier commenters--Delta Air Lines, U.S. Airways, and
Midwest Airlines--contend that adjustments to the FAA's proposal might
generate additional operational reductions. Among the alternatives, one
or more of these carriers suggest a temporary waiver of the Order's
use-or-lose provisions for the duration of the Order. They also suggest
that the FAA state that it could return the Operating Authorizations to
the air carrier that surrenders it at or before the conclusion of the
Order.
    The FAA has rarely afforded air carriers a temporary waiver of the
use-or-lose requirements associated with the operating authority at
capacity-constrained airports. The rare instances have typically
resulted from unpredictable circumstances that make it unreasonable to
expect usage at or above the minimum 80% threshold. The problem with
such a program in the present context is that there is no simple way to
limit its effect with any precision. In an environment in which many
air carriers may be interested in initiating service at LaGuardia, the
most problematic result could be an underutilization of the existing
airport capacity coupled with an inability to permit new entrant
service. This result, too, would be an inefficient use of airport
capacity and perhaps the only result that would be worse than
overutilization.
    The suggestion that the FAA should promise to return the
surrendered Operating Authorization to the surrendering air carriers is
equally problematic. Most or all the air carrier and passenger interest
commenters recognize that a reduction in the hourly cap at LaGuardia is
necessary to reduce congestion-related delay. The airport's delay
statistics reflect that it is significantly overscheduled, and the air
carriers would ideally participate proportionally in correcting the
situation without any promise of future enrichment. If the FAA must
force reductions in service at a later date, it will do so; however, it
would be disingenuous at this point to permit an impression that
LaGuardia will soon return to 75 scheduled operations per hour.
    Delta Air Lines also suggests that, in lieu of the proposed
reduction in scheduled operations, the FAA should make further
reductions in the hourly operations of unscheduled operations. The FAA
recently halved, from 6 to 3, the number of hourly Operating
Authorizations available for unscheduled operations at LaGuardia during
peak hours.\4\ We do not agree that a further reduction in unscheduled
operations is appropriate at this time.
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    \4\ 73 FR 48,428 (Aug. 19, 2008).
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C. The FAA Anticipates That Any Voluntary Reductions Under the Order
Could Be Credited Toward a Future, Required Schedule Reduction at
LaGuardia

    American Airlines proposes that the FAA should credit an air
carrier with any voluntary reductions the carrier makes in its
scheduled operations in the event that a future mandatory schedule
reduction at LaGuardia is necessary. Delta Air Lines opposes the
suggestion.
    The final rule related to scheduled operations at LaGuardia, which
is currently stayed pending judicial review, called for a reduction in
scheduled operations at LaGuardia to 71 per hour. If the relevant
portion of the final rule ultimately goes into effect, the FAA's
proposal to amend the Order noted that the rule would draw such
reductions from each air carrier's base of operations at LaGuardia
during the week of September 28, 2008. This provision of the rule would
effectively restore the operations voluntarily discontinued under this
amendment for the purpose of the withdrawal required by the October 10,
2008, final rule.
    In the event that the portion of the October 10 rule reducing
scheduled operations at LaGuardia does not go into effect, however, it
remains possible that the FAA will further extend the duration of this
Order and propose a mandatory mechanism to reduce the hourly scheduled
operations at LaGuardia. Should mandatory operational reductions occur
under a future amendment to this Order, any air carrier that
voluntarily reduces its scheduled operations under this amendment to
the Order will receive credit for the voluntary reductions that it
takes now. Should a future reduction in LaGuardia's scheduled
operations take place under a new rulemaking action, the FAA also
anticipates that credit for an air carrier's current, voluntary
schedule reductions would be afforded there, as well. The FAA
recognizes that to do otherwise would tend to discourage air carriers
from voluntarily contributing to an undertaking that the air carrier
commenters agree will bring a needed improvement to the efficient
operation of the airport.

III. The Final Amendment

    The FAA is amending paragraph A.1 of the Order's ordering language
to reflect that 71 hourly Operating Authorizations are available for
scheduled service during the specified peak operating hours at
LaGuardia. In order to move from the current level of scheduled service
toward the reduced level, the FAA will accept from air carriers
voluntary reductions in scheduled service at LaGuardia. We will retire
the surrendered Operating Authorizations we receive until we attain the
new average hourly rate of scheduled service. To preserve antitrust
principles during the voluntary reduction process, a carrier's
identification of Operating Authorizations for voluntary reduction may
not be contingent on specific flight reductions made by other carriers.
    As we originally proposed, if there is a reduction in scheduled
service below an average of 71 hourly operations, the FAA may elect to
reallocate Operating Authorizations in order to maintain an

[[Page 2648]]

hourly average of 71 scheduled operations. In reaching and maintaining
this level, the FAA will retire Operating Authorizations in the order
in which the air carriers' commitments to reduce service are received
and will notify an air carrier if any Operating Authorization that it
is voluntarily offering to relinquish could be subject to reallocation.
The FAA also notes that paragraphs A.6 and A.7 of the ordering
paragraphs related to minimum usage requirements and the associated
reallocation principles continue to apply to all Operating
Authorizations that are not surrendered to the FAA and retired.
    In order to receive credit for the voluntary reduction in the
future, an air carrier must present its offer to reduce scheduled
service at LaGuardia no later than February 2, 2009. If an air carrier
wishes to offer a voluntary reduction in scheduled service at
LaGuardia, an authorized representative of the carrier must contact the
individual identified in the FOR FURTHER INFORMATION CONTACT section of
this document. In addition, air carriers must return all voluntarily
surrendered Operating Authorizations to the FAA no later than May 31,
2009.
    Accordingly, paragraph A.1 of the FAA's December 27, 2006 order
limiting operations at LaGuardia, as previously amended, is amended as
follows:
    1. The final Order governs scheduled arrivals and departures,
except helicopters, 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).

    Issued in Washington, DC, on January 12, 2009.
Kerry B. Long,
Chief Counsel, Federal Aviation Administration.
 [FR Doc. E9-817 Filed 1-14-09; 8:45 am]

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