Federal Register: June 5, 2009 (Volume 74, Number 107)
DOCID: fr05jn09-89 FR Doc E9-13190
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Docket ID: [Docket No. FAA-2008-0221]
NOTICE: NOTICES
DOCID: fr05jn09-89
DOCUMENT ACTION: Notice of order to show cause and request for information.
SUBJECT CATEGORY:
Operating Limitations at Newark Liberty International Airport
DATES: Any written information that responds to the FAA's order to show cause must be submitted by June 19, 2009.
DOCUMENT 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.
SUMMARY:
Operating Limitations at Newark Liberty International Airport
SUPPLEMENTAL 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 FAA20080221 on this proposal to extend the duration of the May 2008 order.\2\
\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 200729320.
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 congestionrelated 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 Yorkarea 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 longterm 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 FAA20080221. 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. E913190 Filed 6409; 8:45 am]
BILLING CODE 491013P
FOR FURTHER INFORMATION CONTACT
James W. Tegtmeier, Associate Chief Counsel for the Air Traffic Organization; telephone(202) 2678323; e mail_james.tegtmeier@faa.gov.