Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40167

east to the 5.5-mile radius of Eglin AFB. Paragraph 6005 Class E Airspace Areas Services, Air Traffic Organization, When the tower at Extending Upward From 700 Feet or More Federal Aviation Administration, 600 is operational, it excludes Destin’s Class D Above the Surface of the Earth. Independence Avenue SW., airspace defined as that airspace south of the * * * * * Washington, DC 20591; telephone (202) triangle beginning at lat. 30°23′39″ N., long. ° ′ ″ ° ′ ″ ASO FL E5 , FL 267–6462; email susan.pfingstler@ 86 23 13 W. to lat. 30 27 00 N., long. faa.gov. 86°30′19″ W. to lat. 30°20′54″ N., long. [Amended] ° ′ ″ 86 31 56 W. from the surface to and Eglin Air Force Base, FL SUPPLEMENTARY INFORMATION: including 1,600 feet MSL. (Lat. 30°29′00″ N., long. 86°31′34″ W.) Destin Executive Airport Availability of Rulemaking Documents ASO FL D Eglin AF Aux No 3 , (Lat. 30°24′00″ N., long. 86°28′17″ W.) FL [Removed] Duke Field You may obtain an electronic copy ° ′ ″ ° ′ ″ ASO FL D Duke Field Eglin AFB, FL [New] (Lat. 30 38 55 N., long. 86 31 19 W.) using the Internet by: Duke Field, FL ° ′ ″ ° ′ ″ (1) Searching the Federal ° ′ ° ′ ″ (Lat. 30 25 44 N., long. 86 41 20 W.) eRulemaking Portal (http:// (Lat. 30 38 55 N., long. 86 31 19 W.) Fort Walton Beach Airport Crestview, Airport (Lat. 30°24′23″ N., long. 86°49′45″ W.) www.regulations.gov); (Lat. 30°46′44″ N., long. 86°31′20″ W.) That airspace extending upward from 700 (2) Visiting the FAA’s Regulations and Eglin AFB feet above the surface within a 7-mile radius Policies Web page at http:// (Lat. 30°29′00″ N., long. 86°31′34″ W.) of Eglin Air Force Base, and within a 7.8-mile www.faa.gov/regulations_policies/; or That airspace extending upward from the radius of Destin Executive Airport, and surface to and including 2,700 feet MSL (3) Accessing the Government within a 7-mile radius of Duke Field, and Printing Office’s Web page at http:// within a 5.2-mile radius of Duke Field; within a 7-mile radius of Hurlburt Field, excluding the portion north of a line excluding a 1.5-mile radius of Fort Walton www.gpoaccess.gov/fr/index.html. connecting the 2 points of intersection with Beach Airport. You also may obtain a copy by a 4.2-mile radius circle centered on Bob Sikes Issued in College Park, Georgia, on June 9, sending a request to the Federal Airport; excluding the portion south of a line 2016. Aviation Administration, Office of connecting the 2 points of intersection with Rulemaking, ARM–1, 800 Independence a 5.5-mile radius circle centered on Eglin Ryan W. Almasy, Manager, Operations Support Group, Eastern Avenue SW., Washington, DC 20591, or AFB. This Class D airspace area is effective by calling (202) 267–9680. Make sure to during the specific dates and times Service Center, Air Traffic Organization. identify the amendment number or established in advance by a Notice to [FR Doc. 2016–14377 Filed 6–20–16; 8:45 am] docket number of this rulemaking. Airmen. The effective date and time will BILLING CODE 4910–13–P thereafter be continuously published in the Background Airport/Facility Directory. From 1968, the FAA limited the ASO FL D Eglin Hurlburt Field, FL DEPARTMENT OF TRANSPORTATION [Amended] number of arrivals and departures at JFK Federal Aviation Administration during the peak afternoon demand Eglin, Hurlburt Field, FL ° ′ ″ ° ′ ″ period (corresponding to transatlantic (Lat. 30 25 44 N., long. 86 41 20 W.) 14 CFR Part 93 arrival and departure banks) through the Eglin AFB (Lat. 30°29′00″ N., long. 86°31′34″ W.) [Docket No. FAA–2007–29320] implementation of the High Density Rule (HDR).1 By statute enacted in April That airspace extending upward from the 2000, the HDR’s applicability to JFK surface, to and including 2,500 feet MSL Operating Limitations at John F. within a 5.3-mile radius of Hurlburt Field; Kennedy International Airport operations terminated as of January 1, 2 excluding the portion northeast of a line 2007. Using AIR–21 exemptions and AGENCY: Federal Aviation connecting the 2 points of intersection with the HDR phase-out, U.S. air carriers Administration (FAA), DOT. a 5.5-mile radius circle centered on Eglin serving JFK significantly increased their AFB. This Class D airspace area is effective ACTION: Notice of amendment to order. domestic scheduled operations during the specific dates and times throughout the day. This increase in SUMMARY: established in advance by a Notice to This action amends the Order operations resulted in significant Airmen. The effective date and time will Limiting Operations at John F. Kennedy congestion and delays that negatively thereafter be continuously published in the International Airport (JFK) published on impacted the National Airspace System Airport/Facility Directory. January 18, 2008, as amended, and most (NAS). In January 2008, the FAA placed recently extended on May 24, 2016. temporary limits on scheduled Paragraph 6002 Class E Surface Area This action replaces an obsolete Airspace. operations at JFK to mitigate persistent statement concerning the Order’s 3 * * * * * congestion and delays at the airport. expiration date with the correct With a temporary schedule limit order ASO FL E2 Crestview, FL [Amended] expiration date of October 27, 2018. The in place, the FAA proposed a long-term , FL Order remains effective until October rule that would limit the number of (Lat. 30°46′44″ N., long. 86°31′20″ W.) 27, 2018. scheduled and unscheduled operations Duke Field, Eglin AFB DATES: This amendment is effective on (Lat. 30°38′55″ N., long. 86°31′19″ W.) June 21, 2016. 1 33 FR 17896 (Dec. 3, 1968). The FAA codified Within a 4.2-mile radius of Bob Sikes ADDRESSES: Requests may be submitted the rules for operating at high density traffic Airport; excluding the portion south of a line by mail to Slot Administration Office, airports in 14 CFR part 93, subpart K. The HDR connecting the 2 points of intersection with required carriers to hold a reservation, which came AGC–240, Office of the Chief Counsel, to be known as a ‘‘slot,’’ for each takeoff or landing a 5.2-mile radius circle centered on Duke 800 Independence Avenue SW., Field. This Class E airspace area is effective under instrument flight rules at the high density Washington, DC 20591, or by email to: traffic airports. during the specific dates and times [email protected]. 2 Aviation Investment and Reform Act for the 21st established in advance by a Notice to Century (AIR–21), Public Law 106–181 (Apr. 5, Airmen. The effective date and time will FOR FURTHER INFORMATION CONTACT: For 2000), 49 U.S.C. 41715(a)(2). thereafter be continuously published in the questions concerning this Order contact: 3 73 FR 3510 (Jan. 18, 2008), as amended by 73 Airport/Facility Directory. Susan Pfingstler, System Operations FR 8737 (Feb. 14, 2008).

VerDate Sep<11>2014 14:40 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1 rmajette on DSK2TPTVN1PROD with RULES 40168 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations

at JFK.4 On October 10, 2008, the FAA Airport.’’ 13 The DOT and FAA and FAA operating authority under 14 published the Congestion Management proposed to replace the Orders limiting CFR part 121, 129, or 135. This Order Rule for John F. Kennedy International scheduled operations at JFK, limiting applies to the following: Airport and Newark Liberty scheduled operations at Newark Liberty a. All U.S. air carriers and foreign air International Airport, which would International Airport (EWR), and carriers conducting scheduled have become effective on December 9, limiting scheduled and unscheduled operations at JFK as of the date of this 2008.5 That rule was stayed by the U.S. operations at LaGuardia Airport (LGA) Order, any U.S. air carrier or foreign air Court of Appeals for the District of with a more permanent system for carrier that operates under the same Columbia Circuit and subsequently managing slots. The NPRM included designator code as such a carrier, and rescinded by the FAA.6 The FAA certain proposed changes to how slots any air carrier or foreign-flag carrier that extended the January 18, 2008, Order are currently managed in the New York has or enters into a codeshare agreement placing temporary limits on scheduled City area in order to increase with such a carrier. operations at JFK on October 7, 2009,7 transparency and address issues b. All U.S. air carriers or foreign air April 4, 2011,8 May 14, 2013,9 March considering anti-competitive behavior. carriers initiating scheduled or regularly 26, 2014,10 and May 24, 2016.11 Since the FAA and DOT first initiated conducted commercial service to JFK Under the Order, as amended, the this rulemaking effort there have been while this Order is in effect. FAA (1) maintains the current hourly significant changes in circumstances c. The Chief Counsel of the FAA, in limits on 81 scheduled operations at JFK affecting New York City area airports, consultation with the Vice President, during the peak period; (2) imposes an including changes in competitive effects System Operations Services, is the final 80 percent minimum usage requirement from ongoing industry consolidation, decisionmaker for determinations under for Operating Authorizations (OAs) with slot utilization and transfer behavior, this Order. defined exceptions; (3) provides a and actual operational performance at 2. This Order governs scheduled mechanism for withdrawal of OAs for the three airports. Furthermore, the FAA arrivals and departures at JFK from 6 FAA operational reasons; (4) establishes recently announced that slot controls a.m. through 10:59 p.m., Eastern Time, procedures to allocate withdrawn, are no longer needed at EWR (81 FR Sunday through Saturday. surrendered, or unallocated OAs; and 19861). In light of the changes in market 3. This Order takes effect on March (5) allows for trades and leases of OAs conditions and operational performance 30, 2008, and will expire October 27, for consideration for the duration of the at the New York City area airports, the 2018. Order. Department is withdrawing the NPRM 4. Under the authority provided to the The reasons for issuing the Order by Federal Register notice published Secretary of Transportation and the have not changed appreciably since it May 16, 2016 (81 FR 30218), to allow for FAA Administrator by 49 U.S.C. 40101, was implemented. Demand for access to further evaluation of these changes. 40103 and 40113, we hereby order that: JFK remains high and the average Accordingly, the FAA has concluded it a. No U.S. air carrier or foreign air weekday hourly flights in the busiest is necessary to extend the expiration carrier initiating or conducting morning, afternoon, and evening hours date of this Order until October 27, scheduled or regularly conducted are generally consistent with the limits 2018. This expiration date coincides commercial service at JFK may conduct under this Order. The FAA has with the extended expiration date for such operations without an Operating reviewed the on-time and other the Order limiting scheduled operations Authorization assigned by the FAA. performance metrics in the peak May to at LGA (81 FR 33126).14 No b. Except as provided in the appendix August 2014 and 2015 months and amendments other than correcting the to this Order, scheduled U.S. air carrier found continuing improvements relative expiration date in paragraph 3 have and foreign air carrier arrivals and to the same period in 2007, even with been made to this Order. departures will not exceed 81 per hour construction at JFK in 2015.12 The FAA finds that notice and from 6 a.m. through 10:59 p.m., Eastern Without the operational limitations comment procedures under 5 U.S.C. Time. imposed by this Order, the FAA expects 553(b) are impracticable and contrary to c. The Administrator may change the severe congestion-related delays would the public interest. The FAA further limits if he determines that capacity occur at JFK and at other airports finds that good cause exists to make this exists to accommodate additional throughout the NAS. The FAA will Order effective in less than 30 days. operations without a significant increase continue to monitor performance and in delays. The Amended Order 5. For administrative tracking runway capacity at JFK to determine if purposes only, the FAA will assign an changes are warranted. The Order, as amended, is recited On January 8, 2015, the DOT and FAA below in its entirety. identification number to each Operating published a notice of proposed 1. This Order assigns operating Authorization. 6. A carrier holding an Operating rulemaking ‘‘Slot Management and authority to conduct an arrival or a Authorization may request the Transparency at LaGuardia Airport, departure at JFK during the affected Administrator’s approval to move any John F. Kennedy International Airport, hours to the U.S. air carrier or foreign arrival or departure scheduled from 6 and Newark Liberty International air carrier identified in the appendix to this Order. The FAA will not assign a.m. through 10:59 p.m. to another half hour within that period. Except as 4 73 FR 29626 (May 21, 2008); Docket FAA–2008– operating authority under this Order to 0517. any person or entity other than a provided in paragraph seven, the carrier 5 73 FR 60544, amended by 73 FR 66516 (Nov. certificated U.S. or foreign air carrier must receive the written approval of the 10, 2008). with appropriate economic authority Administrator, or his delegate, prior to 6 74 FR 52134 (Oct. 9, 2009). conducting any scheduled arrival or 7 74 FR 51650. 13 80 FR 1274. departure that is not listed in the 8 76 FR 18620. 14 The FAA notes that the Order limiting 9 appendix to this Order. All requests to 78 FR 28276. scheduled operations at EWR will expire October move an allocated Operating 10 79 FR 16854. 29, 2016; beginning on October 30, 2016, EWR is Authorization must be submitted to the 11 81 FR 32636. designated a Level 2 schedule-facilitated airport 12 Docket No. FAA–2007–25320 includes a copy consistent with the FAA’s action published in the FAA Slot Administration Office, of the MITRE analysis completed for the FAA. Federal Register on April 6, 2016. See 81 FR 19861. facsimile (202) 267–7277 or email 7-

VerDate Sep<11>2014 14:40 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1 rmajette on DSK2TPTVN1PROD with RULES Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40169

[email protected], and must by the carrier along with a listing of the 46107, seeking to enjoin any air carrier come from a designated representative Operating Authorizations and: from violating the terms of this Order. of the carrier. If the FAA cannot approve i. The dates within each applicable 13. The FAA may modify or withdraw a carrier’s request to move a scheduled season it intends to commence and any provision in this Order on its own arrival or departure, the carrier may complete operations. or on application by any carrier for good then apply for a trade in accordance A. For each winter scheduling season, cause shown. the report must be received by the FAA with paragraph seven. Issued in Washington, DC on June 15, 7. For the duration of this Order, a no later than August 15 during the 2016. preceding summer. carrier may enter into a lease or trade of Daniel E. Smiley, B. For each summer scheduling an Operating Authorization to another Vice President, System Operations Services. carrier for any consideration. Notice of season, the report must be received by [FR Doc. 2016–14631 Filed 6–20–16; 8:45 am] a trade or lease under this paragraph the FAA no later than January 15 during must be submitted in writing to the FAA the preceding winter. BILLING CODE 4910–13–P Slot Administration Office, facsimile ii. The completed operations for each (202) 267–7277 or email 7- day of the applicable scheduling season: [email protected], and must A. No later than September 1 for the DEPARTMENT OF COMMERCE come from a designated representative summer scheduling season. B. No later than January 15 for the Bureau of Industry and Security of each carrier. The FAA must confirm winter scheduling season. and approve these transactions in iii. The completed operations for each 15 CFR Part 744 writing prior to the effective date of the day of the scheduling season within 30 [Docket No. 160503391–6391–01] transaction. The FAA will approve days after the last day of the applicable transfers between carriers under the scheduling season. RIN 0694–AG96 same marketing control up to five 10. In the event that a carrier business days after the actual operation, surrenders to the FAA any Operating Revisions to the Unverified List (UVL) but only to accommodate operational Authorization assigned to it under this disruptions that occur on the same day AGENCY: Bureau of Industry and Order or if there are unallocated Security, Commerce. of the scheduled operation. The FAA’s Operating Authorizations, the FAA will ACTION: Final rule. approval of a trade or lease does not determine whether the Operating constitute a commitment by the FAA to Authorizations should be reallocated. SUMMARY: The Bureau of Industry and grant the associated historical rights to The FAA may temporarily allocate an any operator in the event that slot Security (BIS) is amending the Export Operating Authorization at its Administration Regulations (EAR) by controls continue at JFK after this order discretion. Such temporary allocations expires. adding thirty-six (36) persons to the will not be entitled to historical status Unverified List (the ‘‘Unverified List’’ or 8. A carrier may not buy, sell, trade, for the next applicable scheduling UVL), and adding an additional address or transfer an Operating Authorization, season under paragraph 9. for one (1) person currently listed on the except as described in paragraph seven. 11. If the FAA determines that an UVL. The 36 persons are being added to 9. Historical rights to Operating involuntary reduction in the number of the UVL on the basis that BIS could not Authorizations and withdrawal of those allocated Operating Authorizations is verify their bona fides because an end- rights due to insufficient usage will be required to meet operational needs, use check could not be completed determined on a seasonal basis and in such as reduced airport capacity, the satisfactorily for reasons outside the accordance with the schedule approved FAA will conduct a weighted lottery to U.S. Government’s control. A new by the FAA prior to the commencement withdraw Operating Authorizations to address is added for one current UVL of the applicable season. meet a reduced hourly or half-hourly person as BIS has determined that this a. For each day of the week that the limit for scheduled operations. The FAA person has changed its registered FAA has approved an operating will provide at least 45 days’ notice address. schedule, any Operating Authorization unless otherwise required by not used at least 80% of the time over operational needs. Any Operating DATES: Effective date: This rule is the time-frame authorized by the FAA Authorization that is withdrawn or effective: June 21, 2016. under this paragraph will be withdrawn temporarily suspended will, if FOR FURTHER INFORMATION CONTACT: by the FAA for the next applicable reallocated, be reallocated to the carrier Kevin Kurland, Director, Office of season except: from which it was taken, provided that Enforcement Analysis, Bureau of i. The FAA will treat as used any the carrier continues to operate Industry and Security, Department of Operating Authorization held by a scheduled service at JFK. Commerce, Phone: (202) 482–4255 or by carrier on Thanksgiving Day, the Friday 12. The FAA will enforce this Order email at [email protected]. following Thanksgiving Day, and the through an enforcement action seeking SUPPLEMENTARY INFORMATION: period from December 24 through the a civil penalty under 49 U.S.C. 46301(a). first Saturday in January. A carrier that is not a small business as Background ii. The Administrator of the FAA may defined in the Small Business Act, 15 The Unverified List, found in waive the 80% usage requirement in the U.S.C. 632, will be liable for a civil Supplement No. 6 to Part 744 to the event of a highly unusual and penalty of up to $25,000 for every day EAR, contains the names and addresses unpredictable condition which is that it violates the limits set forth in this of foreign persons who are or have been beyond the control of the carrier and Order. A carrier that is a small business parties to a transaction, as that term is which affects carrier operations for a as defined in the Small Business Act described in § 748.5 of the EAR, period of five consecutive days or more. will be liable for a civil penalty of up involving the export, reexport, or b. Each carrier holding an Operating to $10,000 for every day that it violates transfer (in-country) of items subject to Authorization must forward in writing the limits set forth in this Order. The the EAR, and whose bona fides BIS has to the FAA Slot Administration Office a FAA also could file a civil action in U.S. been unable to verify through an end- list of all Operating Authorizations held District Court, under 49 U.S.C. 46106, use check. BIS may add persons to the

VerDate Sep<11>2014 14:40 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1 rmajette on DSK2TPTVN1PROD with RULES