[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 [www.gpo.gov]
[FR Doc No: 2022-23617]



 ========================================================================
 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. 
 
 ========================================================================
 

  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.

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

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: [email protected].

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 [email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Relevant Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal at 
www.regulations.gov;
    (2) Visiting the FAA's Dynamic Regulatory System website at https://drs.faa.gov; or
    (3) Accessing the Government Publishing Office's website at 
www.GovInfo.gov.
    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ Also referred to herein as ``slots.''
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ 74 FR 2646 (Jan. 15, 2009).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \8\ See discussion of ``Current Issues'' in 2018 JFK Order, 83 
FR at 46865, and LGA Order, 83 FR at 47065.
---------------------------------------------------------------------------

    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 [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 \9\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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 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


