Notice: Operating Limitations at Newark Liberty International Airport

14552 Federal Register / Vol. 73, No.
53 / Tuesday, March 18, 2008 / Notices
The supplemental information may be projects are adequately justified. In as a dramatic projected increase in flight
reviewed in person at this same reviewing the application submitted by delays at the airport during the summer
location. the District, the FAA discovered that of 2008 if proposed schedules were
SUPPLEMENTARY INFORMATION: The FAA further clarification would be helpful to implemented as requested by carriers.
invites public comment on the make its required determinations. We intend this proposed limitation on
Accordingly, the FAA asked the scheduled operations to relieve the
additional documentation provided by
District to clarify certain information on substantial inconvenience to the
the applicant in response to the FAA’s
costs related to Project # 1—the traveling public caused by excessive
requests for clarification and the
Perimeter Road and Fencing Project and congestion-related flight delays at the
District, to the FAA in support of the
Project #3 Paving/Lighting/NAVAIDS airport, which magnify as they spread
District’s application to impose a PFC at
(specifically the NAVAIDS portion); and through the National Airspace System.
PFN and, once that airport closes, at the
information related to Project # 6— Among other things, this proposal will
New PFN and to use the PFC revenue
Facilities (particularly the design of the ensure that projected delays do not
at the New PFN to construct New PFN.
This document requests public Public Safety Building for Aircraft increase significantly and provide for a
comment on the supplementary material Rescue and Firefighting (ARFF)). The more efficient use of the nation’s
provided by the applicant, the Panama FAA also asked the District to provide airspace. The final Order would take
City-Bay County Airport and Industrial clarification as to the use of AIP and effect at 6 a.m., Eastern Time, on June
District (the District), in response to the PFC funding on the projects. 1, 2008, and would expire at 11:59 p.m.,
In response to the FAA’s requests, the Eastern Time, on October 24, 2009.
FAA’s requests for clarification of its
District provided supplemental material This proposed limitation on
application to impose a PFC at PFN and,
in the form of e-mails, which included scheduled operations is necessary to
once that airport closes, at the New PFN
cost information on perimeter road prevent an increase in scheduled flights
and to use the PFC revenue at the New
improvements and NAVAIDS; a revised during peak hours. Flights in certain
PFN to construct New PFN.
Exhibit 2; a funding summary; and floor hours in summer 2007 were in excess of
The supplemental material includes
plans of the ARFF building. the airport’s capacity, and scheduling is
all documentation provided to the FAA Any person may inspect the PFC
by the District after July 16, 2007, which a factor in the high level of delays
application and supplementary material historically experienced at the airport.
was the date of the Districts’ submission submitted by the District to the FAA at
of its PFC application for collection and The proposed limits would apply to all
the FAA office listed above under FOR U.S. and foreign air carriers’ scheduled
use of PFC revenue to construct certain
FURTHER INFORMATION CONTACT (call operations, excluding helicopters, from
portions of New PFN. The FAA will
(202) 267–3845 to arrange for access). 6 a.m., Eastern Time, through 10:59
issue a decision on the District’s PFC In addition, any person may, upon
application under the provisions of the p.m., Eastern Time. A final Order would
request, inspect the application, notice be enforceable under the FAA’s civil
49 U.S.C. 40117 and 14 CFR Part 158. and supplemental information germane
Background: On July 16, 2007, the penalty authority. In a separate docket,
to the application in person at the the FAA intends to propose limits on
District submitted its application to offices of the District.
impose a PFC at PFN and, once that unscheduled flights at EWR during the
airport closes, at the New PFN. The Issued in Washington, DC, on March 7, same hours, as well as a system to
2008. allocate the reservations for the
District will use the PFC revenue to
construct New PFN. Joe Hebert, available unscheduled operations. The
On August 16, 2007, the FAA sent a Manager, Financial Analysis and Passenger FAA anticipates that the total number of
letter to the District notifying it that the Facility Charge Branch. operations at EWR will be limited to an
PFC application was substantially [FR Doc. E8–5163 Filed 3–17–08; 8:45 am] average of 83 per hour.
complete. BILLING CODE 4910–13–M
DATES: Send your comments on this
The FAA’s decision making process proposed order on or before April 1,
on PFC applications may include 2008.
publishing a notice in the Federal DEPARTMENT OF TRANSPORTATION
Register informing the public of the ADDRESSES: You may submit comments,
Federal Aviation Administration identified by docket number FAA–
FAA’s intention to rule on the pending
application and inviting public [Docket No. FAA–2008–0221] 2008–0221, using any of the following
comment on that application. methods:
Consideration is given to all Operating Limitations at Newark • Federal eRulemaking Portal: Go to
comments submitted pursuant to the Liberty International Airport http://regulations.gov and follow the
Federal Register Notice during FAA’s AGENCY: Federal Aviation online instructions for sending your
deliberations on the application. The Administration (FAA), DOT. comments electronically.
FAA responds to the substantive • Mail: Send comments by mail to
ACTION: Notice of Proposed Order
comments in its Final Agency Decision. Docket Operations, U.S. Department of
Limiting Scheduled Operations at
The FAA published notice and invited Transportation, M–30, Room W12–140,
Newark Liberty International Airport;
comment on the District’s application in 1200 New Jersey Avenue, SE.,
Request for Comments.
the Federal Register on August 24, Washington, DC 20590–0001. Persons
2007. The deadline for the public to SUMMARY: The Federal Aviation wishing to receive confirmation of
comment closed on September 24, 2007. Administration (FAA) has tentatively receipt of their written submission
The FAA did not receive any comments determined that it is necessary to place should include a self-addressed
mstockstill on PROD1PC66 with NOTICES
in response to its August 24, 2007 a temporary limitation on scheduled stamped postcard.
Federal Register notice. flight operations at Newark Liberty • Hand Delivery: Deliver comments to
In conjunction with rendering its International Airport (EWR). The FAA is Docket Operations in Room W12–140
decisions on PFC applications, the FAA issuing this proposal as a result of on the ground floor of the West Building
determines the PFC eligibility for each persistent congestion and delays at EWR at 1200 New Jersey Avenue, SE.,
project, and whether the eligible during the peak operating hours, as well Washington DC, between 9 a.m. and 5
VerDate Aug<31>2005 17:39 Mar 17, 2008 Jkt 214001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices 14553
p.m., Monday through Friday, except its statutory directive to act in the any major capacity enhancing projects,
Federal holidays. public interest as implicitly applying to the FAA designated the airports as Level
• Facsimile: Fax comments to the any decision by the FAA to assign the 2 Schedules Facilitated Airports for the
docket operations personnel at 202– efficient use of the navigable airspace. summer 2008 scheduling season, in
493–2251. Furthermore, in carrying out the accordance with the International Air
Privacy: We will post all comments Administrator’s safety responsibilities Transport Association (IATA)
that we receive, without change, at under the statute, the Administrator Worldwide Scheduling Guidelines.5 In
http://www.regulations.gov, including must consider controlling the use of the designating the airports as IATA Level
any personal information that you navigable airspace and regulating civil 2 Schedules Facilitated Airports, the
provide. Using the search function of operations in that airspace in the FAA required all U.S. and foreign air
the docket Web site, anyone can find interest of the safety and efficiency of carriers to report to the FAA their
and read the electronic form of all those operations.4 proposed summer 2008 scheduled
comments in any of our dockets, The FAA interprets its broad statutory operations at the airports during
including the name of the individual authority to manage ‘‘the efficient use of designated hours.6
sending the comment or signing the airspace’’ to encompass its management The information that the U.S. and
comment on behalf of an association, of the nationwide system of air foreign air carriers reported to the FAA
business, labor union, or other entity or commerce and air traffic control. On a regarding their proposed operations at
organization. You may review the DOT’s daily basis, that system regularly EWR reflected a significant increase in
complete Privacy Act Statement in the transports millions of passengers, scheduled operations, especially during
Federal Register at 65 FR 19477–78 thousands of tons of cargo, and millions already peak hours when the airport
(April 11, 2000), or you may find it at of pieces of mail. The FAA believes that routinely experienced delays. In
http://docketsinfo.dot.gov. ensuring the efficient use of the airspace particular, U.S. and foreign air carriers
Reviewing the docket: To read means that it must take all necessary requested about 100 new operations,
background documents or comments and reasonable steps to prevent extreme adding to the schedules that produced
received, go to http:// congestion at an airport from disrupting pronounced delays during summer
www.regulations.gov at any time and or adversely affecting the overall air 2007. The proposed schedules in the
follow the online instructions for traffic system for which the FAA is afternoon and evening period were of
accessing the docket; or go to Docket responsible. Inordinate delays at a the greatest concern. For example,
Operations in Room W12–140 on the single airport can ripple throughout several consecutive hours would have
ground floor of the West Building at other parts of the system, causing losses had demand for arrivals or departures in
1200 New Jersey Avenue, SE., in time and money for individuals and the mid-90s and others in the upper 80s.
Washington, DC, between 9 a.m. and 5 non-aviation businesses, as well as for By contrast, EWR’s adjusted average
p.m., Monday through Friday, except U.S. and foreign air carriers. airport capacity reflects that, from
Federal holidays. EWR has historically experienced a September 2006 through August 2007,
FOR FURTHER INFORMATION CONTACT: significant number of delays relative to the airport handled or was capable of
Gerry Shakley, System Operations other airports. Ranked according to the handling an average of 83 operations per
Services, Air Traffic Organization; proportion of delayed operations, EWR hour.
telephone—(202) 267–9424; e-mail— has frequently been the most delayed The FAA modeled the level of delays
gerry.shakley@faa.gov. airport in the system. Daily operations that passengers transiting EWR could
SUPPLEMENTARY INFORMATION:
have been relatively stable while delays expect if the carriers were to operate the
have continued to increase. In Fiscal summer 2008 schedules that they
I. Background Year (FY) 2000, there were 1,253 proposed. The average arrival delays
The U.S. Government has exclusive average daily operations. In FY 2007, would have increased 38% to 35
sovereignty over the airspace of the there were 1,219 average daily minutes; the average number of arrival
United States.1 Under this broad operations, a decrease of about 3 delays of at least one hour would have
authority, Congress has delegated to the percent. Demand during peak hours, increased 50%; and the mean arrival
Administrator extensive and plenary however, approaches or exceeds the delay would have reached almost 80
authority to ensure the safety of aircraft average runway capacity, resulting in minutes by 7 p.m. Departures would
and the efficient use of the nation’s volume-related delays. These are more have likewise been impacted.7
navigable airspace. In particular, the apparent when weather or other Moreover, the congestion and delays
Administrator is required to assign the operating conditions reduce the that the FAA modeled for the proposed
use of navigable airspace by regulation airport’s capacity below optimal levels. EWR schedules would also have an
or order under such terms, conditions, The percent of on-time gate arrivals adverse effect on other airports in the
and limitations as he may deem within 15 minutes of the scheduled time region and on the National Airspace
necessary to ensure its efficient use.2 decreased from 70.66% in FY 2000 to System. For example, JFK and
The Administrator also may modify or 63.97% in FY 2006 and to 61.71% in FY LaGuardia Airport, which are located
revoke an assignment when required in 2007. The average daily counts of arrival only a few miles from EWR, have
the public interest.3 The FAA construes delays greater than one hour were 54 in
FY 2000; 79 in FY 2006; and 93 in FY 5 72 FR 54,317 (Sept. 24, 2007).
1 49 U.S.C. 40103(a). 2007, an increase of almost 18% in the 6 Since receiving the requested information, the
2 49 U.S.C. 40103(b)(1), as previously codified in last fiscal year alone. FAA has issued an order limiting scheduled
49 U.S.C. App. § 307(a). Congress recodified Title operations at JFK and has designated it an IATA
During the summer of 2007, another Level 3 Coordinated Airport. 73 FR 3,510 (Jan. 18,
49 of the United States Code in Pub. L. No. 103–
222, 108 Stat. 745 (1994), under which the textual
New York-area airport, John F. Kennedy 2008)(Order Limiting Scheduled Operations); 72 FR
revisions were specifically not intended to result in International Airport (JFK), also 60,710 (Oct. 25, 2007)(Notice of Airport Level
substantive changes to the law. A report describing experienced significant congestion- Designation).
the recodification stated that the words in §307(a) related delays. Based on both airports’ 7 As with previous aircraft queuing model runs
‘‘under such terms, conditions, and limitations as produced for the FAA by the MITRE Corporation’s
he may deem’’ were omitted as surplus. H. Rpt. summer 2007 performance and absent Center for Advanced Aviation System Development
103–180 (103d Cong., 1st Sess. 1993) at 262. (CAASD), it was assumed that no scheduled
3 Id. 4 49 U.S.C. 40101(d)(4). operation was cancelled.
14554 Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
consistently been among the nation’s overscheduling are more pronounced. work with carriers to smooth their
most delay-prone airports. The recently The FAA’s recently concluded New schedules and to adjust the timing of
approved airspace redesign plan for the York Aviation Rulemaking Committee arriving and departing flights within the
New York/New Jersey/Philadelphia examined congestion issues in the New allocated times. We will also closely
metropolitan area documents the costs York area and considered a list of over monitor the efficiency gains and the
and far-reaching impacts of delays that 77 initiatives that could improve reduction in delay from the
emanate from this area.8 operations in the region, including some implementation of airspace redesign
In response to the U.S. and foreign air that apply specifically to EWR. and other air traffic control or airport
carriers’ proposed summer 2008 Moreover, airspace redesign will open operational changes in order to ensure
schedules, the FAA held discussions additional arrival and departure routes that our scheduling limits reflect fully
with many of the carriers to validate in the New York area to reduce delays the available capacity.
their schedule requests and to ask them and congestion. These measures alone,
to reconsider their proposed timings in B. Operational Flexibility and Future
however, are not expected to provide Airport Growth
light of the airport’s capacity sufficient near-term gains to
limitations. Although there were some accommodate the peak hour schedules Based on the FAA’s experience with
modest revisions to the proposed at EWR’s unrestricted level of demand. capacity-constrained airports, we
schedules, it was clear that demand anticipate that U.S. and foreign air
would continue to exceed capacity II. Summary of the Proposed carriers may occasionally need to
without further actions. The FAA Operational Limitations modify their schedule times for
elected to modify EWR’s IATA A. Hourly Schedule Limitations operational or other reasons while the
designation to a Level 3 Coordinated Order that we propose is in effect.
Airport for summer 2008.9 This The FAA proposes to limit total Accordingly, we acknowledge that the
designation permitted the FAA the operations at EWR during the Order should provide a mechanism
flexibility to focus proposed new constrained hours to an average of 83 through which such carriers can modify
operations at the airport on hours per hour. Accordingly, the proposed their schedules. Given the near-
during which airport capacity is limitation on scheduled operations saturation of the EWR’s peak
available and to deny proposed new identified in the appendix is based on operational hours, however, it is also
operations during oversubscribed hours. the FAA’s assessment that EWR’s essential that any schedule adjustment
Some carriers, including Continental adjusted average airport capacity from preserves the stabilizing effect of the
Airlines, the primary hub carrier at September 2006 through August 2007 operational limits. Therefore, we
EWR, moved some historic peak hour was 83 operations per hour, and it takes propose to establish three means
flights to less congested times in order into account the need for some through which U.S. and foreign air
to assist with delay reduction. The accommodation of unscheduled carriers can change an initial allocation
results of the FAA’s discussions with operations at the airport. In identifying of an Operating Authorization within
U.S. and foreign air carriers with respect EWR’s average adjusted airport capacity, the period from 6 a.m. through 10:59
to their summer 2008 schedules are the FAA considered the airport’s p.m.
summarized in the appendix to this capacity to be the higher value of either First, because it is necessary to
proposed order. The FAA has also the aircraft throughput at the airport in evaluate the effect of any proposed
provided individual schedule approval a given hour or the number of arrivals schedule change, a U.S. or foreign air
to carriers as part of the IATA and departures that air traffic control carrier must obtain the Administrator’s
Worldwide Scheduling Guidelines personnel identified as achievable in written approval before making a
review process and other discussions. that hour. As a result, the FAA accepted schedule change that would be outside
The individual schedule approval may the higher number when the airport’s the 30-minute window of the allocated
contain additional information performance exceeded expectations, as Operating Authorization. If we
regarding effective dates or schedule well as when the airport’s potential determine that the schedule change will
changes for parts of the summer 2008 capacity exceeded demand. This not adversely affect congestion at EWR,
season. Although the appendix measurement reflects the airport’s the FAA will approve it. Because the
summarizes the peak period operations, demonstrated and potential FAA wishes to maximize the reduction
it is not meant to rescind any prior performance over time under actual in delays while accommodating carriers’
approvals granted by the FAA for meteorological and operational need for flexibility, the FAA anticipates
summer 2008. conditions. that it would approve schedule changes
Despite the relative relief that the The modeled delays for the schedules that would reduce the overall number of
approved schedules should yield over in the appendix will be a significant flights in any given hour to or below 81.
the proposed summer 2008 schedules, improvement over the proposed Second, if the FAA is unable to
the FAA, working with the airport summer 2008 schedules that the carriers approve a proposed schedule change, a
operator, carriers, and other customer filed with the FAA in October 2007, U.S. or foreign air carrier may still
representatives, has begun to implement under which the longest arrival delays achieve the scheduling change by
a number of short-term initiatives to would increase by up to 50 percent over trading Operating Authorizations with
improve the efficiency of airport the summer 2007 levels. The scheduled another carrier. Before any such trade
operations and the air traffic control operations identified in the appendix becomes final, the carriers must obtain
system, especially during periods of include an average of almost 82 the Administrator’s written approval.
adverse weather when the effects of operations by U.S. and foreign air Once again, if the FAA determines that
carriers in certain hours. Some hours are the trade will not increase congestion at
8 The Record of Decision implementing the New currently below the limit of 81 and will EWR, it may be approved.
York/New Jersey/Philadelphia Metropolitan Area be used for delay mitigation during, at Third, in addition to the permitted
Airspace Redesign was issued September 5, 2007 trades of Operating Authorizations
and may be found at: http://www.faa.gov/
a minimum, the summer of 2008.
airports_airtraffic/air_traffic/nas_redesign/ The FAA has decided to allocate among U.S. or foreign air carriers, the
regional_guidance/eastern_reg/nynjphl_redesign/. Operating Authorizations in 30-minute FAA will permit the leasing of the
9 72 FR 73,418 (Dec. 27, 2007). increments. The FAA will continue to Operating Authorizations assigned
under the final Order, provided that any some of this capacity could be the duration of the Order. Furthermore,
lease does not survive the Order’s reintroduced into the system without in the event that FAA or airport
expiration. The carriers may offer or significantly increasing delays. In initiatives create new capacity at EWR
accept any form of consideration in a addition, the FAA recognizes that a while the Order is in effect, all
lease transaction negotiated under the carrier may have a short-term need to carriers—including those without a
Order. However, the Order is not conduct operations during these time presence at EWR and those with few
intended to create a long-term solution periods. As a result, we propose that a operations—would have the
to congestion at EWR. Because the carrier may request that the FAA allow opportunity to bid on a leasehold
Operating Authorizations established it to temporarily operate a flight at a interest in the new operations via an
under the Order will not create long- time period when there is, for this auction process.
term rights at EWR, the FAA will not reason, temporarily idle capacity. The
D. Foreign Air Carriers
allow lease transactions that assume FAA would retain full discretion to
that the carrier leasing an Operating determine whether to allow these short- Foreign air carriers are included in
Authorization will acquire any right to term operations, which would not be the limits proposed in this Order and
continue operating flights after the afforded historical status when would be allocated Operating
Order expires. Accordingly, permanent determining Operating Authorizations Authorizations based on historic
sales, purchases, or transfers of for the next applicable season. By summer 2007 operations or on amended
Operating Authorizations will not be contrast, any longer-term capacity that requests for summer 2008 schedules
permitted. In addition, in order to is returned by a carrier’s failure to that have been approved by FAA. In
promote meaningful participation in the adhere to the final order’s usage November, the FAA met with many of
IATA scheduling process, a carrier may requirement could be reallocated for the the carriers at the IATA Schedules
not lease an Operating Authorization next applicable season via an auction Conference to review the proposed
unless it has actually used the procedure. summer 2008 schedules. Historic
authorization to conduct flights to or operations of foreign air carriers were
C. Effect on Limited Incumbents and granted if requested for summer 2008, as
from EWR at least 80% of the time over
New Entrants were some retimings. Foreign air
a consecutive 90-day period.
In the event that any new capacity is Throughout the IATA scheduling carriers, like U.S. air carriers, were
realized at EWR during the constrained process, and during our review of all the offered alternative timings when
hours of 6 a.m. through 10:59 p.m. schedule requests of U.S. and foreign air capacity was available, and they may
while the final Order is in effect, the carriers, the FAA has sought a solution trade or lease Operating Authorizations
FAA intends to allocate it consistent to EWR’s burgeoning congestion that is to change the timing of their operations
with our responsibility to manage the fair to all the carriers. Throughout the or to obtain additional Operating
efficiency of the National Airspace process, the FAA was sensitive to the Authorizations.
System. New capacity is defined as any proportionally greater importance a Because the final Order would extend
hourly capacity above and beyond 81, single operation can have to a carrier until October 24, 2009, the FAA
other than those Operating that operates fewer overall flights at understands that there may be slight
Authorizations above that level EWR. As a result, in addition to granting variations with winter timings or
allocated under this Order. As new all but the largest U.S. air carrier at EWR allocations that will need to be
capacity becomes available, as allocated their historic schedules at every hour if considered. The FAA does not propose
Operating Authorizations are returned they wished to continue them, carriers to exceed the limits set forth in the
to the FAA, or as currently unallocated were able to add operations from their appendix for the winter 2008/2009
Operating Authorizations become proposed summer 2008 schedules scheduling season, but we will work
available, the FAA plans to lease that during the hours in which capacity with carriers to address their historic
capacity. Capacity returned to the FAA remained available. Moreover, despite scheduling needs.
as a function of this Order’s use-or-lose the generally congested peak hours,
E. Usage Requirement and Withdrawals
provision or as a result of a carrier carriers without any current presence at
ceasing operations at EWR would also the airport were able to add one The FAA has considered whether, in
be leased by the FAA, but we would not roundtrip within the afternoon and order to encourage maximum utilization
withdraw existing capacity from any evening hours using the limited of EWR’s limited capacity, the final
carrier for leasing purposes. We available capacity. The resulting Order should include a usage
anticipate that each lease will be for a schedule carefully balances the requirement for the Operating
period of up to five years. Leases may competing interests of all carriers at Authorizations that it allocates. Such
be issued pursuant to an auction, with EWR and is the least intrusive on the requirements are common at capacity
the highest responsive bidder being carriers with the smallest EWR constrained airports. A usage
awarded the lease. Auction procedures presence, which retain all of their requirement previously applied at
will be consistent with our international historic and realistically timed new several High Density Rule airports; it
obligations. Foreign air carriers will be operations at the airport. continues to apply to Ronald Reagan
eligible to bid on leases. We will In addition, as proposed in the Washington National Airport under the
provide additional information about previous subsection of this Order, all High Density Rule; and such a
leasing procedures and the relevant carriers will have an opportunity to requirement applies under the rules
statutory authorities before conducting acquire and to retime operations at EWR currently in effect at Hare International
any auction. while the Order is in effect. Under the Airport and the orders now governing
Because carriers may wish to initiate Order, all carriers would have the LaGuardia Airport and JFK. In addition,
operations after the commencement of a opportunity to trade with others for the IATA Worldwide Scheduling
scheduling season or to cease operations Operating Authorizations at times that Guidelines include a minimum usage
prior to the end of the season, there may are more desirable to them. In addition, requirement. Including a usage
be some available capacity during some all U.S. and foreign air carriers have the requirement may provide a greater
periods of both the summer and winter opportunity to lease Operating opportunity for carriers to obtain
scheduling seasons. It is feasible that Authorizations from other carriers for Operating Authorizations in the
secondary market, because carriers may to meet the submission date specified in returns to its previous levels, the
seek to lease them rather than lose the Worldwide Scheduling Guidelines withdrawn Operating Authorizations
Operating Authorizations for for summer 2008, carriers must report would be returned to the carriers from
underutilization. This could potentially on or before June 6, 2008, their planned whom they were withdrawn. The FAA
benefit carriers seeking to enter the usage of the EWR Operating will provide at least 45 days of advance
market or to increase their presence at Authorizations identified in the notice of the need for a withdrawal, if
EWR appendix during summer 2008. Carriers possible.
In the recently issued order limiting that have previously provided the
scheduled operations at JFK, as F. Unscheduled Operations
effective dates of their summer 2008
amended, the FAA adopted the IATA schedules, and received approval from Unscheduled operations, including
Worldwide Scheduling Guidelines the FAA for those schedules, do not general aviation, charter flights, and
requirement for the usage of JFK’s need to resubmit the information. other ad hoc operations, have typically
Operating Authorizations. We propose a Thereafter, the carriers’ notification to been a small percentage of the overall
very similar usage requirement at EWR, the FAA of their planned usage for traffic at EWR. However, given the level
once again applying an 80% usage winter 2008/2009 and summer 2009 of congestion projected for summer
threshold. Under the Worldwide schedules will follow the Worldwide 2008, even the addition of a few
Scheduling Guidelines, carriers are Scheduling Guidelines’ schedule. Thus, operations during the oversubscribed
required to inform the coordinator of the FAA will receive initial schedule hours can exacerbate delays. Although
their intended summer and winter requests for the winter 2008/2009 they may not have traditionally
operations by January 15 and August 15, scheduling season by the May 15 appeared in the Official Airline Guide,
respectively.10 Any operations not deadline and coordinate with carriers at some charter and other operations are
declared by these dates are surrendered the June 2008 IATA Schedules regularly conducted carrier operations,
and are not given historical status for Conference. and the FAA considers them to be
the subsequent applicable scheduling With respect to the carriers’ reported scheduled operations for the purposes
season. However, they also do not count usage of their Operating Authorizations of this Order. Therefore, the carriers that
against each carrier’s calculated usage during or after each scheduling season, conducted such operations at EWR in
rate for use-or-lose purposes. For the FAA proposes to adopt requirements summer 2007 would be allocated
example, if a carrier were to tell the that are similar to those in the recent Operating Authorizations for summer
FAA that it would commence JFK order, as amended. Accordingly, 2008.
operations on June 1 and cease those The FAA is also considering the
carriers would be required to provide
operations on August 31, the relevant issuance of a separate notice of
the FAA with an interim usage report
timeframe for measuring the carrier’s proposed rulemaking (NPRM) proposing
approximately two months before the
usage of the Operating Authorization to limit the number of unscheduled
end of the scheduling season and a final
would be June 1 through August 31, flights and to require a reservation to
report at the end of the season. The final
even though the summer scheduling operate during controlled hours. During
report would be due no later than 30
season, in 2008, runs from March 30 the busiest hours, the number of
days after the end of the scheduling
until October 25. Assuming the carrier reservations set aside for unscheduled
season.
conducted enough flights under the operations would be reduced to allow
Operating Authorization in the June Recognizing that there may be
for additional scheduled traffic. The
through August timeframe to receive unexpected times when a carrier’s
FAA expects that under certain
historical recognition, the carrier would operations are greatly disrupted, the
operating conditions, additional
retain the Operating Authorization Administrator proposes to retain the
reservations could be made available for
within the summer 2009 scheduling authority to waive the 80% usage
unscheduled operations, provided that
season, from June 1 through August 31. requirement in the event of a highly
significant delay impacts are not
The FAA recognizes a distinct merit unusual and unpredictable condition
expected. Additional information on
in this approach in the context of a which is beyond the control of the
unscheduled operations and the
congested airport like EWR. A strictly carrier and which exists for a period of
proposed reservation system will be
seasonal use-or-lose policy would 5 consecutive days or more.
included in the NPRM, and the FAA
require carriers to operate flights on the Additionally, the FAA will treat as used
will consider any comments received
shoulders of a scheduling season merely any Operating Authorization held by a
prior to adopting a final rule.
to ensure that they would not lose the carrier on Thanksgiving Day, the Friday
Operating Authorization during the few following Thanksgiving Day, and the G. Enforcement of This Order
weeks or months when they actually period from December 24 through the The FAA may enforce the final Order
require it. This unnecessary service first Saturday in January. through an enforcement action seeking
would have the effect of artificially If the FAA determines that a a civil penalty under 49 U.S.C. 46301(a).
inflating demand for EWR’s limited reduction in the number of allocated Under that provision, a carrier that is
runway capacity during the spring and Operating Authorizations is required to not a small business as defined in the
fall, leading to an increase in meet operational needs, such as reduced Small Business Act, 15 U.S.C. 632, is
congestion-related delay. airport capacity, the FAA proposes to liable for a civil penalty of up to $25,000
Accordingly, we propose that, for conduct a weighted lottery to withdraw for every day that it violates the limits
purposes of use-or-lose and historical Operating Authorizations to meet a set forth in the Order. A carrier that is
allocation for subsequent seasons, reduced hourly or half-hourly limit for a small business as defined in the Small
carriers must tell the FAA when their scheduled operations.11 When capacity Business Act is liable for a civil penalty
usage of a particular Operating of up to $10,000 for every day that it

11 In a weighted lottery, the risk of having an
Authorization will start and stop. Under violates the limits set forth in the Order.
Operating Authorization withdrawn is proportional
this approach, because it is now too late to the number of Operating Authorizations that a The FAA also may file a civil action in
carrier holds. Thus, those carriers with the greatest
10 The slot return deadlines were recently number of authorizations are most likely to have an operations bear a very small, but still some, risk of
changed by IATA from January 31 and August 31. authorization withdrawn. Those with very few having an authorization withdrawn.
U.S. District Court, under 49 U.S.C. Proposed Rulemaking and issuance of b. Except as provided in the appendix
46106, 46107, seeking to enjoin any Final Rules) covering administrative or to this Order, scheduled U.S. air carrier
carrier from violating the terms of the procedural requirements (Does not and foreign air carrier arrivals and
Order. include Air Traffic procedures; specific departures will not exceed 81 per hour
Air Traffic procedures that are from 6 a.m. through 10:59 p.m., Eastern
H. Intermediate- and Long-Term
categorically excluded are identified Time.
Solutions c. The Administrator may change the
under paragraph 311 of this Order.)’’
While this Order proposes a This Order, which proposes a temporary limits if he determines that capacity
limitation on the number of scheduled limitation on operations pending a exists to accommodate additional
operations at EWR, it is not the FAA’s future rulemaking, is in the nature of a operations without a significant increase
preferred alternative to addressing rule. No extraordinary circumstances in delays.
capacity shortfalls. In the FAA’s view, exist that may cause a significant impact 5. For administrative tracking
the intermediate- and long-term priority and therefore no further environmental purposes only, the FAA will assign an
is to expand airport and airway system review is required. identification number to each Operating
capacity and to increase the efficient use Accordingly, with respect to Authorization.
of existing resources. This is by far the scheduled flight operations at EWR, the 6. A carrier holding an Operating
most effective way to serve the traveling FAA proposes the following ordering Authorization may request the
public and to promote a strong airport language: Administrator’s approval to move any
and airway system. Although there is no arrival or departure scheduled from 6
1. This Order assigns operating
single action that will solve the problem a.m. through 10:59 p.m. to another half
authority to conduct an arrival or a
of congestion in and around New York, hour within that period. Except as
departure at EWR during the affected
the recently concluded New York provided in paragraph seven, the carrier
hours to the U.S. air carrier or foreign
Aviation Rulemaking Committee, among must receive the written approval of the
air carrier identified in the appendix to
its many other products, published a list Administrator, or his delegate, prior to
this Order. The FAA will not assign
of 77 airport and airspace initiatives that conducting any scheduled arrival or
operating authority under this Order to
could help to relieve congestion in the departure that is not listed in the
any person or entity other than a
New York area. The list is available as appendix to this Order. All requests to
certificated U.S. or foreign air carrier
appendix C to the committee’s report, move an allocated Operating
with appropriate economic authority Authorization must be submitted to the
which is currently available as a link off
and FAA operating authority under 14 FAA Slot Administration Office,
the FAA’s Web site, http://www.faa.gov.
CFR part 121, 129, or 135. This Order facsimile (202) 267–7277 or e-mail 7-
It includes procedural, technological,
applies to the following: AWA_Slotadmin@faa.gov, and must
and capital improvements that relate to
all the major New York area airports, the a. All U.S. air carriers and foreign air come from a designated representative
efficient operation of which are largely carriers conducting scheduled of the carrier. If the FAA cannot approve
interdependent. operations at EWR as of the date of this a carrier’s request to move a scheduled
While events or technology may Order, any U.S. air carrier or foreign air arrival or departure, the carrier may
overtake the completion of all the 77 carrier that operates under the same then apply for a trade in accordance
listed initiatives, each has the potential designator code as such a carrier, and with paragraph seven.
to add incrementally to the existing any air carrier or foreign-flag carrier that 7. A carrier may lease or trade an
capacity. Most immediately, we has or enters into a codeshare agreement Operating Authorization to another
anticipate the completion of a number with such a carrier. carrier for any consideration and for a
of the items by summer 2008. In b. All U.S. air carriers or foreign air period that does not exceed the duration
addition, as the views expressed in the carriers initiating scheduled or regularly of this Order. A carrier may not lease an
docket indicate, the full implementation conducted commercial service to EWR Operating Authorization unless it has
of New York/New Jersey/Philadelphia while this Order is in effect. actually used the authorization to
airspace redesign and the progressive c. The Chief Counsel of the FAA, in conduct flights to or from Newark at
achievement of the Next Generation Air consultation with the Vice President, least 80% of the time over a consecutive
Traffic System’s component System Operations Services, is the final 90-day period. Notice of a trade or lease
technologies will also contribute to decision-maker for determinations under this paragraph must be submitted
reducing delay. As a result, to permit under this Order. in writing to the FAA Slot
time for system improvements to come 2. This Order governs scheduled Administration Office, facsimile (202)
on line, we propose an expiration date arrivals and departures at EWR from 6 267–7277 or e-mail
for the final Order of October 24, 2009. a.m. through 10:59 p.m., Eastern Time, 7_AWA_Slotadmin@faa.gov, and must
Sunday through Saturday. come from a designated representative
I. Environmental Impact 3. This Order takes effect at 6 a.m., of each carrier. The FAA must confirm
The agency order stating FAA policies Eastern Time, on June 1, 2008, and and approve these transactions in
and procedures with respect to the expires at 11:59 p.m., Eastern Time, on writing prior to the effective date of the
environmental impact of FAA activities, October 24, 2009. transaction. The FAA will approve
FAA Order 1050.1E, identifies FAA 4. Under the authority provided to the transfers between carriers under the
actions that are categorically excluded Secretary of Transportation and the same marketing control up to five
from preparation of an environmental FAA Administrator by 49 U.S.C. 40101, business days after the actual operation,
assessment or environmental impact 40103 and 40113, we hereby order that: but only to accommodate operational
statement under the National a. No U.S. air carrier or foreign air disruptions that occur on the same day
Environmental Policy Act in the carrier initiating or conducting of the scheduled operation.
absence of extraordinary circumstances. scheduled or regularly conducted 8. A carrier may not buy, sell, trade,
The FAA has determined that this Order commercial service at EWR may or transfer an Operating Authorization,
qualifies for the categorical exclusion conduct such operations without an except as described in paragraph seven.
identified in paragraph 312d ‘‘Issuance Operating Authorization assigned by the 9. Historical rights to Operating
of regulatory documents (e.g., Notices of FAA. Authorizations and withdrawal of those
rights due to insufficient usage will be received by the FAA no later than scheduled operations. The FAA will
determined on a seasonal basis and in August 15, 2008. provide at least 45 days’ notice unless
accordance with the schedule approved C. For the summer 2009 scheduling otherwise required by operational
by the FAA prior to the commencement season, the report must be received by needs. Any Operating Authorization
of the applicable season. the FAA no later than January 15, 2009. that is withdrawn or temporarily
a. For each day of the week that the ii. The completed operations for each suspended will, if reallocated, be
FAA has approved an operating day of the applicable scheduling season: reallocated to the carrier from which it
schedule, any Operating Authorization A. No later than September 1 for the
summer scheduling season; was taken, provided that the carrier
not used at least 80% of the time over
B. No later than January 15 for the continues to operate scheduled service
the period authorized by the FAA under
winter scheduling season. at EWR.
this paragraph will be withdrawn by the
FAA for the next applicable season iii. The completed operations for each 12. The FAA will enforce this Order
except: day of the scheduling season within 30 through an enforcement action seeking
i. The FAA will treat as used any days after the last day of the applicable a civil penalty under 49 U.S.C. 46301(a).
Operating Authorization held by a scheduling season. A carrier that is not a small business as
carrier on Thanksgiving Day, the Friday 10. In the event that a carrier defined in the Small Business Act, 15
following Thanksgiving Day, and the surrenders to the FAA any Operating
U.S.C. 632, will be liable for a civil
period from December 24 through the Authorization assigned to it under this
penalty of up to $25,000 for every day
first Saturday in January. Order or if there are unallocated
Operating Authorizations, the FAA will that it violates the limits set forth in this
ii. The Administrator of the FAA may Order. A carrier that is a small business
waive the 80% usage requirement in the determine whether the unallocated
Operating Authorizations should be as defined in the Small Business Act
event of a highly unusual and
reallocated. The FAA may temporarily will be liable for a civil penalty of up
unpredictable condition which is
beyond the control of the carrier and allocate an Operating Authorization if it to $10,000 for every day that it violates
which affects carrier operations for a determines that such allocation will not the limits set forth in this Order. The
period of five consecutive days or more. increase congestion at the airport. Such FAA also could file a civil action in U.S.
b. Each carrier holding an Operating temporary allocations will not be District Court, under 49 U.S.C. 46106,
Authorization must forward in writing entitled to historical status for the next 46107, seeking to enjoin any air carrier
to the FAA Slot Administration Office a applicable scheduling season under from violating the terms of this Order.
list of all Operating Authorizations held paragraph 9. Long-term allocations of 13. The FAA may modify or withdraw
by the carrier and for each Operating returned or unallocated Operating any provision in this Order on its own
Authorization: Authorizations will be by auction. or on application by any carrier for good
i. The dates within each applicable 11. If the FAA determines that a
reduction in the number of allocated cause shown.
season on which it intends to start and
to cease scheduled operations. Operating Authorizations is required to Issued in Washington, DC, on March 12,
A. For the summer 2008 scheduling meet operational needs, such as reduced 2008.
season, the report must be received by airport capacity, the FAA will conduct Robert A. Sturgell,
the FAA no later than June 6, 2008. a weighted lottery to withdraw Acting Administrator, Federal Aviation
B. For the winter 2008/2009 Operating Authorizations to meet a Administration.
scheduling season, the report must be reduced hourly or half-hourly limit for
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

OF 3/12/2008
[0600–2259 local hours only: 30 minute OA windows]
Period
Seller carrier Arr/Dep Sun Mon Tue Wed Thu Fri Sat
(LT)
AAL—American Airlines ....................................................... 0600 Departure 2 2 2 2 2 2 2

AAL—American Airlines ....................................................... 0830 Arrival ..... 1 1 1 1 1 1 1


OF 3/12/2008—Continued
Period
(LT)

ABX—ABX ........................................................................... 0600 Arrival ..... .......... .......... 1 1 1 1 1

ABX—ABX ........................................................................... 2230 Departure .......... 1 1 1 1 1 ..........
ACA—Air Canada ................................................................ 0600 Departure 1 1 1 1 1 1 1

ACA—Air Canada ................................................................ 0730 Arrival ..... 1 1 1 1 1 1 1
AFC—Kalitta ........................................................................ 1700 Arrival ..... .......... 1 .......... .......... 1 .......... ..........
AFR—Air France .................................................................. 1530 Arrival ..... 1 1 1 1 1 1 1

AFR—Air France .................................................................. 1900 Departure 1 1 1 1 1 1 1
AIC—Air India ...................................................................... 1600 Arrival ..... 1 1 1 1 1 1 1

AIC—Air India ...................................................................... 2100 Departure 1 1 1 1 1 1 1
AIO—Elysair ........................................................................ 1600 Arrival ..... 1 1 1 1 1 1 1

AIO—Elysair ........................................................................ 1900 Departure 1 1 1 1 1 1 1
AIO—Elysair ........................................................................ 2000 Arrival ..... 1 1 1 1 1 1 ..........
AIO—Elysair ........................................................................ 2200 Departure 1 1 1 1 1 1 ..........
ASA—Alaska ....................................................................... 0730 Departure 1 1 1 1 1 1 1

ASA—Alaska ....................................................................... 1700 Arrival ..... 1 1 1 1 1 1 1
ASA—Alaska ....................................................................... 1800 Departure 1 1 1 1 1 1 1
ASA—Alaska ....................................................................... 2130 Arrival ..... 1 1 1 1 1 1 1
ATN—Air Transport Intnl ..................................................... 0600 Arrival ..... .......... 1 1 1 1 .......... ..........
ATN—Air Transport Intnl ..................................................... 0630 Departure .......... 1 1 1 1 .......... ..........
AZA—Alitalia ........................................................................ 1530 Arrival ..... 1 1 1 1 1 1 1

AZA—Alitalia ........................................................................ 1730 Departure 1 1 1 1 1 1 1
BAW—British Airways .......................................................... 0800 Departure 1 1 1 1 1 1 1

BAW—British Airways .......................................................... 1130 Arrival ..... 1 1 1 1 1 1 1

Period
(LT)

COA—Continental ............................................................... 0600 Arrival ..... 4 4 4 4 4 4 4

COA—Continental ............................................................... 0600 Departure 9 9 9 9 9 9 9


Period
(LT)

CSQ—CargoJet ................................................................... 0800 Arrival ..... .......... 1 1 1 1 1 ..........

CSQ—CargoJet ................................................................... 2000 Departure .......... 1 1 1 1 1 ..........
DAL—Delta Air Lines ........................................................... 0600 Departure 2 2 2 2 2 2 2

DAL—Delta Air Lines ........................................................... 0900 Arrival ..... 1 1 1 1 1 1 1
DLH—Lufthansa .................................................................. 1100 Arrival ..... 1 1 1 1 1 1 1

DLH—Lufthansa .................................................................. 1530 Departure 1 1 1 1 1 1 1
ELY—El Al ........................................................................... 1430 Departure 1 1 1 1 1 .......... ..........
ESS—Eos Airlines ............................................................... 1200 Arrival ..... .......... 1 .......... .......... .......... .......... 1
ESS—Eos Airlines ............................................................... 1700 Arrival ..... 1 0 1 1 1 1 0
ESS—Eos Airlines ............................................................... 1930 Departure 1 1 1 1 1 1 1
EVA—Eva Airways .............................................................. 2130 Arrival ..... .......... 1 .......... 1 .......... .......... 1
FDX—FedEx ........................................................................ 0600 Arrival ..... .......... .......... 2 2 2 2 ..........

FDX—FedEx ........................................................................ 0630 Arrival ..... .......... .......... 1 1 1 1 2
FDX—FedEx ........................................................................ 0700 Arrival ..... .......... .......... .......... .......... .......... .......... 1
FDX—FedEx ........................................................................ 0700 Departure .......... .......... 1 1 1 1 ..........
FDX—FedEx ........................................................................ 0730 Arrival ..... .......... .......... .......... .......... .......... 1 ..........
FDX—FedEx ........................................................................ 0730 Departure .......... .......... 1 1 1 .......... 1
FDX—FedEx ........................................................................ 0800 Departure 1 .......... .......... .......... .......... .......... 1
FDX—FedEx ........................................................................ 0830 Departure 1 .......... 2 2 2 2 2
FDX—FedEx ........................................................................ 0900 Departure .......... .......... .......... .......... .......... 1 ..........
FDX—FedEx ........................................................................ 1200 Arrival ..... .......... .......... 1 1 1 .......... ..........
FDX—FedEx ........................................................................ 1400 Departure .......... .......... 1 1 1 .......... ..........
FDX—FedEx ........................................................................ 1530 Departure .......... .......... 1 1 1 1 1

Period
(LT)

FDX—FedEx ........................................................................ 1600 Departure .......... .......... 1 1 1 1 ..........
FDX—FedEx ........................................................................ 1730 Arrival ..... .......... .......... 1 1 1 .......... ..........
FDX—FedEx ........................................................................ 1830 Arrival ..... 1 .......... 1 1 1 1 1
FDX—FedEx ........................................................................ 1900 Arrival ..... 1 .......... 1 1 1 1 1
FDX—FedEx ........................................................................ 1930 Arrival ..... .......... .......... .......... .......... .......... .......... 1
FDX—FedEx ........................................................................ 2000 Arrival ..... 1 .......... .......... .......... .......... .......... ..........
FDX—FedEx ........................................................................ 2030 Arrival ..... 1 .......... .......... .......... .......... .......... ..........
FDX—FedEx ........................................................................ 2130 Departure .......... 1 1 1 1 1 ..........
FDX—FedEx ........................................................................ 2230 Arrival ..... .......... .......... .......... .......... .......... 1 1
FDX—FedEx ........................................................................ 2230 Departure .......... 3 3 3 4 .......... ..........
FJT—Silverjet ...................................................................... 1300 Arrival ..... 1 1 1 1 1 1 1

FJT—Silverjet ...................................................................... 1930 Departure 1 1 1 1 1 1 1
FJT—Silverjet ...................................................................... 2100 Arrival ..... 1 1 1 1 1 1 1
FJT—Silverjet ...................................................................... 2230 Departure 1 1 1 1 1 1 1
JAI—Jet Airways .................................................................. 1130 Arrival ..... 1 1 1 1 1 1 1

JAI—Jet Airways .................................................................. 2000 Departure 1 1 1 1 1 1 1
JBU—JetBlue ....................................................................... 0730 Departure 1 1 1 1 1 1 1

JBU—JetBlue ....................................................................... 0800 Arrival ..... 1 1 1 1 1 1 1
LOT—LOT Polish Airlines .................................................... 1630 Arrival ..... 1 1 1 1 1 1 1

LOT—LOT Polish Airlines .................................................... 1830 Departure 1 1 1 1 1 1 1
LOT—LOT Polish Airlines .................................................... 2100 Arrival ..... 1 1 1 1 1 .......... 1
MAS—Malaysia ................................................................... 1900 Arrival ..... .......... 1 .......... .......... 1 .......... 1

MAS—Malaysia ................................................................... 2200 Departure .......... 1 .......... .......... 1 .......... 1
MEP—Midwest Airlines ........................................................ 0600 Departure 1 1 1 1 1 1 1

MEP—Midwest Airlines ........................................................ 1030 Arrival ..... 1 1 1 1 1 1 1
NWA—Northwest ................................................................. 0600 Departure 2 2 2 2 2 2 2

NWA—Northwest ................................................................. 0800 Arrival ..... 1 1 1 1 1 1 1

Period
(LT)

POE—Porter ........................................................................ 0630 Departure 1 1 1 1 1 1 1

POE—Porter ........................................................................ 0800 Arrival ..... .......... 1 1 1 1 1 ..........
POE—Porter ........................................................................ 0900 Departure .......... 1 1 1 1 1 ..........
POE—Porter ........................................................................ 1130 Departure .......... 1 1 1 1 1 ..........
POE—Porter ........................................................................ 1330 Departure .......... 1 1 1 1 1 1
POE—Porter ........................................................................ 1500 Arrival ..... 1 1 1 1 1 1 1
POE—Porter ........................................................................ 2100 Arrival ..... 1 1 1 1 1 1 1
QTR—Qatar ......................................................................... 1830 Arrival ..... 1 1 1 1 1 1 1

QTR—Qatar ......................................................................... 2030 Departure 1 1 1 1 1 1 1
SAS—SAS ........................................................................... 1300 Arrival ..... 1 1 1 1 1 1 1

SAS—SAS ........................................................................... 1430 Arrival ..... 1 1 1 1 1 1 1
SAS—SAS ........................................................................... 1700 Departure 1 1 1 1 1 1 1
SAS—SAS ........................................................................... 1730 Departure 1 1 1 1 1 1 1
SAS—SAS ........................................................................... 2100 Arrival ..... .......... 1 .......... .......... 1 1 1
SIA—Singapore ................................................................... 1730 Arrival ..... 1 1 1 1 1 1 1
SWR—Swiss ........................................................................ 2000 Arrival ..... 1 1 1 1 1 1 ..........

SWR—Swiss ........................................................................ 2130 Departure 1 1 1 1 1 1 ..........
TAP—Air Portugal ............................................................... 1400 Arrival ..... 1 .......... 1 1 .......... 1 ..........

TAP—Air Portugal ............................................................... 1430 Arrival ..... 1 1 1 1 1 1 1
TAP—Air Portugal ............................................................... 1800 Departure 1 1 1 1 1 1 1
TAP—Air Portugal ............................................................... 2030 Departure 1 .......... 1 1 .......... 1 ..........
TRS—Air Tran Airlines ........................................................ 0600 Departure 1 1 1 1 1 1 1

TRS—Air Tran Airlines ........................................................ 1030 Arrival ..... 1 1 1 1 1 1 1

UAL—United Airlines ........................................................... 0600 Departure 2 2 2 2 2 2 2

UAL—United Airlines ........................................................... 0630 Arrival ..... 2 2 2 2 2 2 2

Period
(LT)

UPS—UPS ........................................................................... 0600 Arrival ..... 0 0 0 0 0 1 1

UPS—UPS ........................................................................... 0730 Arrival ..... 0 0 1 1 1 1 0
UPS—UPS ........................................................................... 0730 Departure 0 1 0 0 0 0 0
UPS—UPS ........................................................................... 0930 Arrival ..... 0 1 0 0 0 0 0
UPS—UPS ........................................................................... 1700 Arrival ..... 0 0 0 0 0 0 1
UPS—UPS ........................................................................... 1730 Arrival ..... 0 0 1 1 1 0 0
UPS—UPS ........................................................................... 1800 Arrival ..... 1 0 0 0 0 0 0
UPS—UPS ........................................................................... 1830 Arrival ..... 0 1 1 1 1 0 0
UPS—UPS ........................................................................... 1930 Arrival ..... 0 0 1 1 1 0 0
UPS—UPS ........................................................................... 2100 Arrival ..... 0 0 0 0 0 1 0
USA—US Airways ............................................................... 0600 Departure 1 1 1 1 1 1 1

USA—US Airways ............................................................... 0730 Arrival ..... 1 1 1 1 1 1 1

VIR—Virgin Atlantic ............................................................. 0800 Departure 1 1 1 1 1 1 1

VIR—Virgin Atlantic ............................................................. 1830 Arrival ..... 1 1 1 1 1 1 1

Period
(LT)
VIR—Virgin Atlantic ............................................................. 2100 Arrival ..... 1 1 1 1 1 1 1
VRD—Virgin America * ........................................................ 0630 Arrival ..... 1 1 1 1 1 1 1

VRD—Virgin America * ........................................................ 0930 Departure 1 1 1 1 1 1 1
WJA—WestJet ..................................................................... 1630 Arrival ..... 1 1 1 1 1 1 1

WJA—WestJet ..................................................................... 1800 Departure 1 1 1 1 1 1 1
* Pending.
[FR Doc. 08–1037 Filed 3–12–08; 4:55 pm] DEPARTMENT OF TRANSPORTATION include a concise statement of the
BILLING CODE 4910–13–P interest of the party in the proceeding.
Federal Railroad Administration Additionally, one copy of the protest
shall be furnished to the applicant at the
DEPARTMENT OF TRANSPORTATION Notice of Application for Approval of address listed above.
Discontinuance or Modification of a FRA expects to be able to determine
Federal Motor Carrier Safety Railroad Signal System or Relief from these matters without an oral hearing.
Administration the Requirements of Title 49 Code of However, if a specific request for an oral
Federal Regulations Part 236 hearing is accompanied by a showing
Sunshine Act Meetings; Unified Carrier Pursuant to Title 49 Code of Federal that the party is unable to adequately
Registration Plan Board of Directors Regulations (CFR) Part 235 and 49 present his or her position by written
U.S.C. 20502(a), the following railroad statements, an application may be set
AGENCY:Federal Motor Carrier Safety has petitioned the Federal Railroad for public hearing.
Administration (FMCSA), DOT. Administration (FRA) seeking approval All communications concerning this
for the discontinuance or modification proceeding should be identified by
TIME AND DATE: April 10, 2008, 11 a.m. Docket Number FRA–2008–0010 and
to 2 p.m., Eastern Daylight Time. of the signal system or relief from the
requirements of 49 CFR Part 236, as may be submitted by one of the
PLACE: This meeting will take place detailed below. following methods:
telephonically. Any interested person Web site: http://www.regulations.gov.
[Docket Number FRA–2008–0010] Follow the instructions for submitting
may call Mr. Avelino Gutierrez at (505)
Applicant: Northwestern Pacific comments on the DOT electronic site;
827–4565 to receive the toll free Railroad Company, Mr. John H. Fax: 202–493–2251;
numbers and pass codes needed to Williams, President, 385 Sherman Mail: Docket Management Facility,
participate in these meetings by Avenue, Suite 1, Palo Alto, California U.S. Department of Transportation, 1200
telephone. 94306–1840. New Jersey Avenue SE., West Building
STATUS: Open to the public. The Northwestern Pacific Railroad Ground Floor, Room W12–140,
Company (NWP) seeks approval of the Washington, DC 20590; or
MATTERS TO BE CONSIDERED: The Unified proposed discontinuance and removal Hand Delivery: Room W12–140 of the
Carrier Registration Plan Board of of the interlocking signal systems on U.S. Department of Transportation West
Directors (the Board) will continue its three drawbridges that are located Building Ground Floor, 1200 New Jersey
work in developing and implementing between a point near Lombard, Avenue, SE., Washington, DC, between
the Unified Carrier Registration Plan California, at Milepost (MP) 63.4 and a 9 a.m. and 5 p.m., Monday through
and Agreement and to that end, may point near Petaluma, California, at MP Friday, except Federal holidays.
consider matters properly before the 38.5 on the NWP’s Russian River Communications received within 45
Board. Division at the following three days of the date of this notice will be
locations: Brazos Drawbridge, MP 64.7; considered by FRA before final action is
FOR FURTHER INFORMATION CONTACT: Mr. Black Point Drawbridge, MP 28.7; and taken. Comments received after that
Avelino Gutierrez, Chair, Unified Haystack Landing Drawbridge, MP 37.2. date will be considered as far as
Carrier Registration Board of Directors at The reason given for the proposed practicable. All written communications
(505) 827–4565. changes is that the three interlocking concerning these proceedings are
Dated: March 12, 2008. signal systems have not been in service available for examination during regular
for the last seven years and have fallen business hours (9 a.m.—5 p.m.) at the
William A. Quade,
into disrepair. The signal systems do not above facility. All documents in the
Associate Administrator for Enforcement and presently comply with FRA public docket are also available for
Program Delivery. requirements for these types of systems. inspection and copying on the Internet
[FR Doc. 08–1054 Filed 3–14–08; 2:25 pm] Any interested party desiring to at the docket facility’s Web site at http://
BILLING CODE 4910–EX–P protest the granting of an application www.regulations.gov.
shall set forth specifically the grounds FRA wishes to inform all potential
upon which the protest is made, and commenters that anyone is able to

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14552 Federal Register / Vol. 73, No.

53 / Tuesday, March 18, 2008 / Notices

usage of a particular Operating of up to $10,000 for every day that it

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

AAL—American Airlines ....................................................... 0600 Departure 2 2 2 2 2 2 2

AAL—American Airlines ....................................................... 1330 Arrival ..... 3 3 3 3 3 3 3

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

AAL—American Airlines ....................................................... 1630 Arrival ..... 1 1 1 1 1 1 1

ABX—ABX ........................................................................... 0600 Arrival ..... .......... .......... 1 1 1 1 1

ACA—Air Canada ................................................................ 0600 Departure 1 1 1 1 1 1 1

AFR—Air France .................................................................. 1530 Arrival ..... 1 1 1 1 1 1 1

AIC—Air India ...................................................................... 1600 Arrival ..... 1 1 1 1 1 1 1

AIO—Elysair ........................................................................ 1600 Arrival ..... 1 1 1 1 1 1 1

ASA—Alaska ....................................................................... 0730 Departure 1 1 1 1 1 1 1

AZA—Alitalia ........................................................................ 1530 Arrival ..... 1 1 1 1 1 1 1

BAW—British Airways .......................................................... 0800 Departure 1 1 1 1 1 1 1

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

BAW—British Airways .......................................................... 1830 Departure 1 1 1 1 1 1 1

COA—Continental ............................................................... 0600 Arrival ..... 4 4 4 4 4 4 4

COA—Continental ............................................................... 2030 Arrival ..... 9 9 9 9 9 9 9

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

COA—Continental ............................................................... 2200 Departure 6 6 6 6 6 6 6

CSQ—CargoJet ................................................................... 0800 Arrival ..... .......... 1 1 1 1 1 ..........

DAL—Delta Air Lines ........................................................... 0600 Departure 2 2 2 2 2 2 2

DLH—Lufthansa .................................................................. 1100 Arrival ..... 1 1 1 1 1 1 1

ELY—El Al ........................................................................... 1430 Departure 1 1 1 1 1 .......... ..........

FDX—FedEx ........................................................................ 0600 Arrival ..... .......... .......... 2 2 2 2 ..........

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

FDX—FedEx ........................................................................ 1600 Arrival ..... .......... .......... 1 1 1 1 1

FJT—Silverjet ...................................................................... 1300 Arrival ..... 1 1 1 1 1 1 1

JAI—Jet Airways .................................................................. 1130 Arrival ..... 1 1 1 1 1 1 1

JBU—JetBlue ....................................................................... 0730 Departure 1 1 1 1 1 1 1

LOT—LOT Polish Airlines .................................................... 1630 Arrival ..... 1 1 1 1 1 1 1

MAS—Malaysia ................................................................... 1900 Arrival ..... .......... 1 .......... .......... 1 .......... 1

MEP—Midwest Airlines ........................................................ 0600 Departure 1 1 1 1 1 1 1

NWA—Northwest ................................................................. 0600 Departure 2 2 2 2 2 2 2

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

NWA—Northwest ................................................................. 1030 Arrival ..... 1 1 1 1 1 1 1

POE—Porter ........................................................................ 0630 Departure 1 1 1 1 1 1 1

QTR—Qatar ......................................................................... 1830 Arrival ..... 1 1 1 1 1 1 1

SAS—SAS ........................................................................... 1300 Arrival ..... 1 1 1 1 1 1 1

SIA—Singapore ................................................................... 1730 Arrival ..... 1 1 1 1 1 1 1

SWR—Swiss ........................................................................ 2000 Arrival ..... 1 1 1 1 1 1 ..........

TAP—Air Portugal ............................................................... 1400 Arrival ..... 1 .......... 1 1 .......... 1 ..........

TRS—Air Tran Airlines ........................................................ 0600 Departure 1 1 1 1 1 1 1

TRS—Air Tran Airlines ........................................................ 1630 Departure 1 1 1 1 1 1 1

UAL—United Airlines ........................................................... 0600 Departure 2 2 2 2 2 2 2

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

UAL—United Airlines ........................................................... 0700 Departure 1 1 1 1 1 1 1

UPS—UPS ........................................................................... 0600 Arrival ..... 0 0 0 0 0 1 1

USA—US Airways ............................................................... 0600 Departure 1 1 1 1 1 1 1

USA—US Airways ............................................................... 1900 Arrival ..... 1 1 1 1 1 1 1

VIR—Virgin Atlantic ............................................................. 0800 Departure 1 1 1 1 1 1 1

APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS

VIR—Virgin Atlantic ............................................................. 2100 Arrival ..... 1 1 1 1 1 1 1

VRD—Virgin America * ........................................................ 0630 Arrival ..... 1 1 1 1 1 1 1

WJA—WestJet ..................................................................... 1630 Arrival ..... 1 1 1 1 1 1 1

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