
[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Notices]               
[Page 27060-27061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-89]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration (FAA)

[Docket No. FAA-2008-0221]

 
Operating Limitations at Newark Liberty International Airport

ACTION: Notice of order to show cause and request for information.

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SUMMARY: The FAA is issuing an order to show cause, which solicits the 
views of interested persons on the FAA's tentative determination to 
extend through October 30, 2010, the May 15, 2008 order limiting the 
number of scheduled aircraft arrivals at Newark Liberty International 
Airport during peak operating hours. The text of the order to show 
cause is set forth in this notice.

DATES: Any written information that responds to the FAA's order to show 
cause must be submitted by June 19, 2009.

ADDRESSES: You may submit written information, identified by docket 
number FAA-2008-0221, by any of the following methods:
     Federal eRulemaking Portal: Go to http://regulations.gov 
and follow the online instructions for sending your comments 
electronically.
     Mail: Send comments by mail to Docket Operations, U.S. 
Department of Transportation, M-30, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC 20590-0001. Persons wishing to receive 
confirmation of receipt of their written submission should include a 
self-addressed stamped postcard.
     Hand Delivery: Deliver comments to 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., Monday 
through Friday, except Federal holidays.
     Facsimile: Fax comments to the docket operations personnel 
at 202-493-2251.
    Privacy: We will post all comments that we receive, without change, 
at http://www.regulations.gov, including any personal information that 
you provide. Using the search function of the docket website, anyone 
can find and read the electronic form of all comments in any of our 
dockets, including the name of the individual sending the comment or 
signing the comment on behalf of an association, business, labor union, 
or other entity or organization. You may review the DOT's complete 
Privacy Act Statement in the Federal Register at 65 FR 19477-78 (April 
11, 2000), or you may find it at http://docketsinfo.dot.gov.
    Reviewing the Docket: To read background documents or comments 
received, go to http://www.regulations.gov at any time and follow the 
online instructions for accessing the docket; or go to 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., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: James W. Tegtmeier, Associate Chief 
Counsel for the Air Traffic Organization; telephone--(202) 267-8323; e-
mail_james.tegtmeier@faa.gov.

SUPPLEMENTARY INFORMATION:

Order To Show Cause

    The Federal Aviation Administration (FAA) has tentatively 
determined that it will extend through October 30, 2010, the FAA's May 
15, 2008 order limiting scheduled operations at Newark Liberty 
International Airport (EWR) (May 2008 order).\1\ This order to show 
cause invites air carriers and other interested persons to submit 
comments in Docket FAA-2008-0221 on this proposal to extend the 
duration of the May 2008 order.\2\
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    \1\ Order Limiting Scheduled Operations at Newark Liberty 
International Airport, 73 FR 29,550 (May 21, 2008).
    \2\ The FAA is separately accepting comments on a proposal to 
extend the January 15, 2008 order limiting scheduled operations at 
John F. Kennedy Liberty International Airport (JFK). The public may 
file or review documents related to the JFK order in Docket FAA-
2007-29320.
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    The May 2008 order followed a period of elevated, congestion-
related delays at the New York area's three commercial airports, 
culminating in the FAA's issuance of an order limiting scheduled 
operations at JFK in January 2008. To prevent new flights from moving 
to EWR, which was already prone to delays and scheduled near or above 
its average hourly runway capacity during many peak hours, the FAA 
engaged the U.S. and foreign air carriers serving EWR to reduce the 
number of scheduled operations during peak hours and to move operations 
to less congested hours. The May 2008 order captured the agreed upon 
schedules and limited the number of scheduled operations conducted by 
U.S. and foreign air

[[Page 27061]]

carriers at EWR during peak operating hours. The order took effect June 
20, 2008, and in the absence of an extension, it will expire on October 
24, 2009.
    The FAA established the order's October 2009 expiration date to 
permit time to promulgate a final rule that would control congestion at 
EWR, and the FAA adopted a final rule to manage congestion at EWR that 
would have continued operational limits at the airport beyond October 
2009. 73 FR 60544 (Oct. 10, 2008). However, the rule was stayed by the 
U.S. Court of Appeals for the District of Columbia Circuit prior to the 
rule's December 9, 2008 effective date. The FAA is currently soliciting 
comments on a proposal to rescind the final rule. 74 FR 22714 (May 14, 
2009). As a result of the FAA's reconsideration of the rule, the court 
is holding in abeyance the briefing schedule in the rule's associated 
litigation.
    In light of the events that have transpired since the May 2008 
order took effect, it is now unlikely that the FAA will have an 
effective final rule on the May 2008 order's original expiration date. 
In the absence of the FAA's extension of the order, the FAA anticipates 
a return of the congestion-related delays that precipitated the 
voluntary schedule reductions and adjustments reflected in the May 2008 
order. The hourly capacity at EWR has not increased significantly since 
the order took effect late last spring. Because the demand for 
operations at New York-area airports remains high, the FAA has 
determined that an extension of the May 2008 order appears to be 
appropriate while the FAA identifies the appropriate long-term solution 
to congestion at EWR.
    Order To Show Cause:
    To prevent a recurrence of overscheduling at EWR during the interim 
between the expiration of the May 2008 order on October 24, 2009, and 
the effective date of a rule, the FAA tentatively intends to extend the 
May 2008 order. The limit on scheduled operations that is embodied in 
the order reflects the FAA's agreements with U.S. and foreign air 
carriers. As a result, maintaining the order for an additional, finite 
period constitutes a reasonable approach to preventing unacceptable 
congestion and delays at EWR until a longer term measure is 
implemented. The May 2008 order, as extended, would expire on October 
30, 2010.
    Accordingly, the FAA directs all interested persons to show cause 
why the FAA should not make final its tentative findings and tentative 
decision to extend the May 2008 order through October 30, 2010, by 
filing their written views in Docket FAA-2008-0221. The FAA does not 
intend this request for the views of interested persons to address any 
issues related to the existing final rule or any future congestion 
management rule. Therefore, any submission to the current docket should 
be limited to the proposed extension of the May 2008 order.

    Issued in Washington, DC, on May 29, 2009.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. E9-13190 Filed 6-4-09; 8:45 am]

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