[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Proposed Rules]
[Pages 15261-15266]
[FR Doc No: 2014-06029]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turboprop
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2006-15-
08, which applies to all Honeywell International Inc. TPE331-1, -2, -
2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP, -10GT,
-10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -
12JR, -12UA, -12UAR, and -12UHR turboprop engines with certain part
numbers (P/Ns) of Woodward fuel control unit (FCU) assemblies,
installed. AD 2006-15-08 currently requires initial and repetitive
dimensional inspections of the fuel control drive spline for wear, and
replacement of the FCU and fuel pump. Since we issued AD 2006-15-08, we
determined that additional FCU assembly P/Ns are affected, the
compliance deadline and assembly replacement after removal for cause or
overhaul are no longer required, and that cautionary engine operating
information must be observed. This proposed AD was prompted by reports
of loss of the fuel control drive, leading to engine overspeed,
overtorque, overtemperature, uncontained rotor failure, and asymmetric
thrust in multi-engine airplanes. This proposed AD would require
initial and repetitive dimensional inspections of the affected fuel
control drive splines, and insertion of certain airplane operating
procedures into the applicable flight manuals. We

are proposing this AD to prevent failure of the fuel control drive that
could result in damage to the engine and airplane.

DATES: We must receive comments on this proposed AD by May 19, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Honeywell International Inc., 111 S 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/. You may view this service information at the FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2006-
23706; or in person at the Docket Management Facility between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received and other information. The street address for the
Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-
627-5246; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
23706; Directorate Identifier 2006-NE-03-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On July 14, 2006, we issued AD 2006-15-08, Amendment 39-14688 (71
FR 41121, July 20, 2006), for all Honeywell International Inc. TPE331
series turboprop engines with certain P/Ns of Woodward FCU assemblies
installed. AD 2006-15-08 requires initial and repetitive dimensional
inspections of the fuel control drive spline for wear that might cause
replacement of the FCU and/or fuel pump assemblies. AD 2006-15-08 also
requires the replacement of the FCU assembly when the FCU is removed
for cause or overhaul, but not later than December 31, 2012. AD 2006-
15-08 was prompted by fuel control drive failures that resulted in a
rapid, uncommanded, uncontrolled increase in fuel flow and overspeed of
the engine during ground start. We issued AD 2006-15-08 to prevent
failure of the fuel control drive, destructive overspeed that could
result in uncontained rotor failure and damage to the airplane.

Actions Since AD 2006-15-08 Was Issued

    Since we issued AD 2006-15-08, Amendment 39-14688 (71 FR 41121,
July 20, 2006), we determined that additional FCU assembly P/Ns are
affected, certain repetitive fuel control drive inspections are
necessary, and that additional flight crew emergency procedures and
warnings are required. The warnings are required to inform flight crew
of the probable engine response(s) following a loss of drive between
the engine driven fuel pump and fuel control governor system. These
engine responses are dependent on the phase of operation (ground engine
start, ground or flight operations).
    Also since we issued AD 2006-15-08, Amendment 39-14688 (71 FR
41121, July 20, 2006), we reviewed the in-service trends and engine in-
flight shutdowns (IFSDs) caused by the modified FCU and determined that
the IFSD rate had not improved and the installation of the modified FCU
assembly was not required.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require continued dimensional spline
inspections required by AD 2006-15-08, add new P/Ns of affected FCU
assemblies that require dimensional spline inspections. This proposed
AD would require insertion of uncommanded engine overspeed procedures
into the Airplane Flight Manual, Pilot Operating Handbook, and or
Manufacturer's Operating Manual. This proposed AD would retain some but
not all requirements of AD 2006-15-08, (71 FR 41121, July 20, 2006),
but would no longer require the installation of a modified FCU.

Costs of Compliance

    We estimate that this proposed AD would affect 2,250 engines
installed on airplanes of U.S. registry. We estimate that it would take
8 hours per engine to perform an FCU inspection, and three inspections
will be required over the life of the product. The average labor rate
is $85 per hour. Due to the more frequent inspections proposed by this
AD, we estimate 10% of affected engines would require FCU assembly stub
shaft replacement, fuel pump or fuel control repair. We also estimate
that repairs should not exceed $10,000 per engine. Based on these
figures, we estimate the cost of this proposed AD on U.S. operators to
be $6,307,044.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing airworthiness directive (AD) 2006-15-
08, Amendment 39-14688 (71 FR 41121, July 20, 2006), and adding the
following new AD:

Honeywell International Inc.: Docket No. FAA-2006-23706; Directorate
Identifier 2006-NE-03-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 19, 2014.

(b) Affected ADs

    This AD supersedes AD 2006-15-08, Amendment 39-14688 (71 FR
41121, July 20, 2006).

(c) Applicability

    This AD applies to all Honeywell International Inc. TPE331-1, -
2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP,
-10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -
11U, -12JR, -12UA, -12UAR, and -12UHR turboprop engines with the
part numbers (P/Ns) of Woodward fuel control unit (FCU) assemblies
listed in Table 1 to paragraph (c) of this AD, installed.

          Table 1 to Paragraph (c)--Affected FCU Assembly P/Ns
------------------------------------------------------------------------
     Group               Engine            FCU Assembly P/Ns
------------------------------------------------------------------------
1........................  TPE331-1, -2, and -  P/N 869199-13, -20, -21,
                            2UA.                 -22, -23, -24, -25, -
                                                 26, -27, -28, -29, -31,
                                                 -32, -33, -34, and -35.
2*.......................  TPE331-1, -2, and -  P/N 869199-9, -10, -11,
                            2UA.                 12, -14, -16, -17, and
                                                 18.
3........................  TPE331-3U, -3UW, -   P/N 893561-7, -8, -9, -
                            5, -5A, -5AB, -5B,   10, -11, -14, -15, -16,
                            -6, -6A, -l0AV, -    -20, -26, -27, and -29;
                            10GP, -10GT, -l0P,   or P/N 897770-1, -3, -
                            and -l0T.            7, -9, -10, -11, -12, -
                                                 14, -15, -16, -25, -26,
                                                 and -28.
4*.......................  TPE331-3U, -3UW, -   P/N 893561-4, -5, -12,
                            5, -5A, -5AB, -5B,   and -13 or P/N 897770-
                            -6, -6A, -l0AV, -    5, -8, and -13.
                            10GP, -10GT, -l0P,
                            and -l0T.
5........................  TPE331-10, -l0R, -   P/N 897375-2, -3, -4, -
                            10U, -10UA, -10UF,   5, -8, -9, -10, -11, -
                            -10UG, -10UGR, -     12, -13, -14, -15, -16,
                            10UR, -11U, -12JR,   -17, -19, -21, -24, -
                            -12UA, -12UAR, and   25, -26, and -27; or P/
                            -12UHR.              N 897780-1, -2, -3, -4,
                                                 -5, -6, -7, -8, -9, -
                                                 10, -11, -14, -15, -16,
                                                 -17, -18, -19, -20, -
                                                 21, -22, -23, -24, -25,
                                                 -26, -27, -30, -32, -
                                                 34, -36, -37, and -38;
                                                 or P/N 893561-17, -18,
                                                 and -19.
------------------------------------------------------------------------
* New/added FCU assembly P/Ns

(d) Unsafe Condition

    This AD was prompted by reports of loss of the fuel control
drive, leading to engine overspeed and engine failure. We are
issuing this AD to prevent damage to the engine, and damage to the
airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(1) Inspection of Engines with FCU Assembly P/Ns in Groups 2 and 4

    For FCU assembly P/Ns in Groups 2 and 4 listed in Table 1 to
paragraph (c) of this AD, at the next scheduled inspection of the
fuel control drive, or within 500 hours-in-service (HIS) after the
effective date of this AD, whichever occurs first:
    (i) Inspect the fuel control drive spline for wear.
    (ii) Thereafter, re-inspect the fuel control drive within 1,000
HIS since-last-inspection (SLI) of the fuel control drive.

(2) Inspection of Engines with FCU Assembly P/Ns in Groups 1, 3, and 5

    (i) For FCU assembly P/Ns in Groups 1, 3, or 5 listed in Table 1
to paragraph (c) of this AD:
    (A) If on the effective date of this AD the FCU assembly has 950
or more HIS SLI, inspect the fuel control drive spline for wear
within 50 HIS from the effective date of this AD.
    (B) If on the effective date of this AD the FCU assembly has
fewer than 950 HIS SLI, inspect the fuel control drive spline for
wear before reaching 1,000 HIS.
    (ii) Thereafter, re-inspect the fuel control drive spline for
wear within every 1,000 HIS SLI.

(3) Airplane Operating Procedures

    Within 60 days after the effective date of this AD, insert the
information in Figure 1 to paragraph (e) of this AD, into the
Emergency Procedures Section of the Airplane Flight Manual (AFM),
Pilot Operating Handbook (POH), and the Manufacturer's Operating
Manual (MOM).
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(f) Optional Terminating Action

    Replacing the affected FCU assembly with an FCU assembly P/N not
listed in this AD is terminating action for the initial and
repetitive inspections required by this AD, and for inserting the
information in Figure 1 to paragraph (e) of this AD into the AFM,
POH, and MOM.

(g) Definitions

    For the purposes of this AD:
    (1) The ``fuel control drive'' is a series of mating splines
located between the fuel pump and fuel control governor.
    (2) The fuel control drive consists of four drive splines: the
fuel pump internal spline, the fuel control external ``quill shaft''
spline, and the stub shaft internal and external splines.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19
to make your request.

(i) Related Information

    (1) For more information about this AD, contact Joseph Costa,
Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA,
Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Honeywell International Inc., AFM, POH, and MOM, which are
not incorporated by reference in this AD, can be obtained from
Honeywell International Inc., using the contact information in
paragraph (i)(4) of this AD.
    (3) Information pertaining to operating recommendations for
affected engines after a fuel control drive failure is contained in
Honeywell International Inc., Operating Information Letter (OIL)
OI331-12R6, dated

May 26, 2009, for multi-engine airplanes; and in OIL OI331-18R4,
dated May 26, 2009, for single-engine airplanes. Information on fuel
control drive spline inspection can be found in Section 72-00-00 of
the applicable TPE331 maintenance manuals. These Honeywell
International Inc., OILs and the TPE331 maintenance manuals, which
are not incorporated by reference in this AD, can be obtained from
Honeywell International Inc., using the contact information in
paragraph (i)(4) of this AD.
    (4) For service information identified in this AD, contact
Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-
2802; Internet: https://myaerospace.honeywell.com/wps/portal/!ut;
phone:<PHONE_NUMBER>.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on March 10, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-06029 Filed 3-18-14; 8:45 am]
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[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51650-51653]
[DOCID:fr07oc09-119]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2007-29320]

Operating Limitations at John F. Kennedy International Airport

ACTION: Notice of order extending and modifying the limitations on
scheduled operations at John F. Kennedy International Airport.

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SUMMARY: The FAA is amending the January 15, 2008, order limiting the
number of scheduled aircraft operations at John F. Kennedy
International Airport (JFK) during peak operating hours, as amended
(January 2008 order).\1\ The amendment extends the January 2008 order
by approximately two years, through October 29, 2011. In addition,
because the amendment extends the January 2008 order's duration, the
amendment clarifies that the FAA will not allocate new or returned
capacity under the order via the auction

procedure that the order originally described.
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    \1\ Order Limiting Scheduled Operations at John F. Kennedy
International Airport, 73 FR 3,510 (Jan. 18, 2008); 73 FR 8,737
(Feb. 14, 2008)(amendment to order).
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    If you wish to review the background documents or comments received
in this proceeding, you may go to http://www.regulations.gov at any
time and follow the online instructions for accessing the electronic
docket. You may also go to the U.S. Department of Transportation's
Docket Operations in Room W12-140 on the ground floor of the West
Building at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.

DATES: These amendments to the January 2008 order are effective
immediately upon publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT: James W. Tegtmeier, Associate Chief
Counsel for the Air Traffic Organization; telephone--(202) 267-8323; e-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 5, 2009, the FAA published a notice that invited comments
on its proposal to extend the January 2008 order limiting scheduled
operations at JFK.\2\ At the time, the January 2008 order was scheduled
to expire on October 24, 2009. For the reasons described in the notice,
it was unrealistic to expect a long-term rule to take effect and
control the significant congestion-related delays that the FAA
anticipated would occur at JFK if the January 2008 order were to expire
as originally scheduled. Given the uncertainty over when a final rule
would take effect and the impending expiration of the January 2008
order, the FAA proposed to extend the January 2008 order for
approximately one year.
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    \2\ 74 FR 27,059.
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    The FAA expected the one-year extension of the January 2008 order
to serve as at least a partial bridge to the implementation of a long-
term measure to control congestion and related delays at JFK. The FAA
received written submissions on the proposal from nine commenters. The
commenters include six scheduled carriers, two industry organizations,
and the airport operator.

II. Summary and Analysis of the Comments

A. Amended Duration

    Seven of the nine commenters express support for an extension of
the January 2008 order to prevent a return of the congestion-related
delays that passengers previously experienced at JFK. Although the FAA
proposed an extension of about one year, three carriers and one
organizational commenter state that an extension of longer than one
year is appropriate. While the specific observations and opinions of
these four commenters differ, they variously assert that one year is
not sufficient time either to create enough capacity at JFK to meet the
demand or to finalize and implement a new rule to manage congestion at
the airport.
    The FAA proposed a one-year extension of the January 2008 order
because the FAA never intended the order to serve as a long-term
solution to congestion at JFK. From this perspective, using the minimum
number of short-term extensions would offer the benefit of regular and
public status reports on where the FAA stands in establishing a longer-
term solution to overscheduling at JFK. As the commenters note,
however, such short-term extensions may not best facilitate the long-
term planning of some carriers that conduct, or hope to conduct,
service at the airport. Accordingly, while the FAA does not agree that
an indefinite extension is appropriate, the FAA will increase the
duration of the present extension to about two years to accommodate
carriers' longer term planning. The January 2008 order, as amended,
will now expire on October 29, 2011. The reporting deadlines for
carriers to return Operating Authorizations for all or part of a
scheduling season in paragraph 9.b.i. are amended to reflect the longer
duration of the order. These deadlines are also advanced by
approximately two weeks to coincide with the deadlines in the
International Air Transport Association's Worldwide Scheduling
Guidelines.

B. Buy and Sell Authority

    In light of the increased duration of the January 2008 order, five
commenters question the ban on the purchase, sale, or long-term lease
of the Operating Authorizations held by virtue of the original order.
The commenters reason that the FAA included the ban as a result of the
January 2008 order's short duration. The commenters perceive that
extending the order increases the importance of a market mechanism that
permits the sale and purchase of operating authority, which would
facilitate competition and new entry, as well as leases for such
authority that extend beyond the order's expiration date.
    The FAA included in the January 2008 order the ability of carriers
to trade or to lease Operating Authorizations to other carriers;
however, the duration of the trade or lease could not exceed the
duration of the order.\3\ The commenters claim that relying on short-
term trades and leases alone may become limiting as the January 2008
order remains effective over a significantly longer term. The proposed
extension of the January 2008 order, however, specifically limited the
comments to the proposed extension.\4\ The FAA intends to address long-
term transfers of Operating Authorizations at some point in the future.
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    \3\ 73 FR at 3,516 (ordering paragraphs seven and eight)
    \4\ 74 FR at 27,060 (``any submission to the current docket
should be limited to the proposed extension of the January 2008
order'').
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C. New Entrant and Limited Incumbent Opportunities

    One carrier, Virgin America, Inc., observes that the January 2008
order originally provided limited opportunities for new entrant and
limited incumbent carriers to initiate or to augment their scheduled
operations at JFK. Virgin America offers that any extension of the
order should include enhancements that could increase service at the
airport from new entrant and limited incumbent carriers.
    Virgin America is correct in noting that the extension of the
January 2008 order merits a revisitation of the opportunities that are
available at JFK for new entrant and limited incumbent carriers.\5\
There are currently several avenues for carriers to conduct scheduled
service, to acquire Operating Authorizations, or to adjust the timing
of their Operating Authorizations at JFK. First, the January 2008 order
is effective daily from 6 a.m. until 10:59 p.m., local time, and
carriers can schedule additional operations during the hours that the
January 2008 order is not in effect. Second, subject to FAA written
approval, a carrier can request a new Operating Authorization or a
shift of an existing Operating Authorization in any half hour that the
order is in effect. Third, all carriers have the opportunity to lease
or trade Operating Authorizations for any period not exceeding the
duration of the January 2008 order. Fourth, in the event that there is
new capacity at JFK while the January 2008 order remains in effect, the
order provides a mechanism under which carriers can bid on a leasehold
interest in the new operations.
---------------------------------------------------------------------------

    \5\ 73 FR at 3,514.
---------------------------------------------------------------------------

    After the January 2008 order took effect, Congress enacted the
Omnibus Appropriations Act of 2009. In part, this statute precluded the
use of appropriated funds to take any action involving the scheduling
of airline operations if the action also involves the

auctioning of permission to conduct airline operations at an
airport.\6\ Because this language could be construed to preclude the
FAA from eliciting bids from carriers to acquire a leasehold interest
in newly available capacity, which is listed as the fourth alternative
in the preceding paragraph, the FAA is withdrawing that provision,
effective immediately.
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    \6\ Omnibus Appropriations Act, 2009, Public Law 111-8, Sec.  5,
div. I, tit. I, Sec.  115, 123 Stat. 524, 921-22.
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    Accordingly, the ordering paragraphs of the January 2008 order are
hereby amended as follows:
    1. This Order assigns operating authority to conduct an arrival or
a departure at JFK during the affected hours to the U.S. air carrier or
foreign air carrier identified in the appendix to this Order. The FAA
will not assign operating authority under this Order to any person or
entity other than a certificated U.S. or foreign air carrier with
appropriate economic authority and FAA operating authority under 14 CFR
part 121, 129, or 135. This Order applies to the following:
    a. All U.S. air carriers and foreign air carriers conducting
scheduled operations at JFK as of the date of this Order, any U.S. air
carrier or foreign air carrier that operates under the same designator
code as such a carrier, and any air carrier or foreign-flag carrier
that has or enters into a codeshare agreement with such a carrier.
    b. All U.S. air carriers or foreign air carriers initiating
scheduled or regularly conducted commercial service to JFK while this
Order is in effect.
    c. The Chief Counsel of the FAA, in consultation with the Vice
President, System Operations Services, is the final decisionmaker for
determinations under this Order.
    2. This Order governs scheduled arrivals and departures at JFK from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
    3. This Order takes effect on March 30, 2008, and expires at 11:59
p.m., Eastern Time, on October 29, 2011.
    4. Under the authority provided to the Secretary of Transportation
and the FAA Administrator by 49 U.S.C. 40101, 40103 and 40113, we
hereby order that:
    a. No U.S. air carrier or foreign air carrier initiating or
conducting scheduled or regularly conducted commercial service at JFK
may conduct such operations without an Operating Authorization assigned
by the FAA.
    b. Except as provided in the appendix to this Order, scheduled U.S.
air carrier and foreign air carrier arrivals and departures will not
exceed 81 per hour from 6 a.m. through 10:59 p.m., Eastern Time.
    c. The Administrator may change the limits if he determines that
capacity exists to accommodate additional operations without a
significant increase in delays.
    5. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
    6. A carrier holding an Operating Authorization may request the
Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure that is not listed in the
appendix to this Order. All requests to move an allocated Operating
Authorization must be submitted to the FAA Slot Administration Office,
facsimile<PHONE_NUMBER> or e-mail<EMAIL_ADDRESS>and must
come from a designated representative of the carrier. If the FAA cannot
approve a carrier's request to move a scheduled arrival or departure,
the carrier may then apply for a trade in accordance with paragraph
seven.
    7. For the duration of this order, a carrier may enter into a lease
or trade of an Operating Authorization to another carrier for any
consideration. Notice of a trade or lease under this paragraph must be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or e-mail<EMAIL_ADDRESS>and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. The FAA will approve transfers between carriers under
the same marketing control up to five business days after the actual
operation, but only to accommodate operational disruptions that occur
on the same day of the scheduled operation. The FAA's approval of a
trade or lease does not constitute a commitment by the FAA to grant the
associated historical rights to any operator in the event that slot
controls continue at JFK after this order expires.
    8. A carrier may not buy, sell, trade, or transfer an Operating
Authorization, except as described in paragraph seven.
    9. Historical rights to Operating Authorizations and withdrawal of
those rights due to insufficient usage will be determined on a seasonal
basis and in accordance with the schedule approved by the FAA prior to
the commencement of the applicable season.
    a. For each day of the week that the FAA has approved an operating
schedule, any Operating Authorization not used at least 80% of the time
over the time-frame authorized by the FAA under this paragraph will be
withdrawn by the FAA for the next applicable season except:
    i. The FAA will treat as used any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and
the period from December 24 through the first Saturday in January.
    ii. The Administrator of the FAA may waive the 80% usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the carrier and which affects
carrier operations for a period of five consecutive days or more.
    b. Each carrier holding an Operating Authorization must forward in
writing to the FAA Slot Administration Office a list of all Operating
Authorizations held by the carrier along with a listing of the
Operating Authorizations and:
    i. The dates within each applicable season it intends to commence
and complete operations.
    A. For each winter scheduling season, the report must be received
by the FAA no later than August 15 during the preceding summer.
    B. For each summer scheduling season, the report must be received
by the FAA no later than January 15 during the preceding winter.
    ii. The completed operations for each day of the applicable
scheduling season:
    A. No later than September 1 for the summer scheduling season.
    B. No later than January 15 for the winter scheduling season.
    iii. The completed operations for each day of the scheduling season
within 30 days after the last day of the applicable scheduling season.
    10. In the event that a carrier surrenders to the FAA any Operating
Authorization assigned to it under this Order or if there are
unallocated Operating Authorizations, the FAA will determine whether
the Operating Authorizations should be reallocated. The FAA may
temporarily allocate an Operating Authorization at its discretion. Such
temporary allocations will not be entitled to historical status for the
next applicable scheduling season under paragraph 9.
    11. If the FAA determines that an involuntary reduction in the
number of allocated Operating Authorizations is required to meet
operational needs, such as reduced airport capacity, the FAA will
conduct a weighted lottery to

withdraw Operating Authorizations to meet a reduced hourly or half-
hourly limit for scheduled operations. The FAA will provide at least 45
days' notice unless otherwise required by operational needs. Any
Operating Authorization that is withdrawn or temporarily suspended
will, if reallocated, be reallocated to the carrier from which it was
taken, provided that the carrier continues to operate scheduled service
at JFK.
    12. The FAA will enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $25,000 for every day that
it violates the limits set forth in this Order. A carrier that is a
small business as defined in the Small Business Act will be liable for
a civil penalty of up to $10,000 for every day that it violates the
limits set forth in this Order. The FAA also could file a civil action
in U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any air carrier from violating the terms of this Order.
    13. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.

    Issued in Washington, DC, on October 1, 2009.
J. Randolph Babbitt,
Administrator, Federal Aviation Administration.
[FR Doc. E9-24121 Filed 10-2-09; 11:15 am]

BILLING CODE 4910-13-P


Panel Members for the Meeting of the Federal Insecticide, Fungicide and Rodenticide Act Scientific Advisory Panel (FIFRA SAP)

to consider and review

The Ecological Significance of Atrazine Effects on Primary Producers in Surface Water Streams in the Corn and Sorghum Growing Region of the United States (Part II)

May 12-15, 2009

Docket no. EPA-HQ-OPP-2009-0104			OPP Docket Tel:<PHONE_NUMBER>

FIFRA SAP Session Chair

Daniel Schlenk, Ph.D.

Professor of Aquatic Ecotoxicology & Environmental Toxicology

Department of Environmental Sciences

University of California, Riverside

Riverside, California  92521

Designated Federal Official

Sharlene R. Matten, Ph.D.

US Environmental Protection Agency

Office of Science Coordination & Policy

FIFRA Scientific Advisory Panel

EPA East Building, MC 7201M

1200 Pennsylvania Avenue, NW

Washington, DC  20460

Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,   HYPERLINK <EMAIL_ADDRESS><EMAIL_ADDRESS> FIFRA Scientific Advisory Panel Members

Janice E. Chambers, Ph.D., DABT, ATS

William L. Giles Distinguished Professor

Director, Center for Environmental Health Sciences

College of Veterinary Medicine

Mississippi State University

Mississippi State, MS  39762-6100

Kirby C. Donnelly, Ph.D.

Professor and Head

Department of Environmental and Occupational Health

School of Rural Public Health

Texas A&M University System Health Science Center

College Station, Texas  77843-1266

Steven G. Heeringa, Ph.D.  (FIFRA SAP Chair)

Research Scientist & Director for Statistical Design

University of Michigan Institute for Social Research

Ann Arbor, Michigan  48106-1248

Carey N. Pope, Ph.D.

Professor, Head & Sitlington Chair of Toxicology

Department of Physiological Sciences

Oklahoma State University College of Veterinary Medicine

Stillwater, Oklahoma  74078

Kenneth M. Portier, Ph.D.

Program Director, Statistics

American Cancer Society

National Home Office

Atlanta, Georgia  30303-1002

FQPA Science Review Board Members

M. Paige Adams, Ph.D.

Assistant Research Scientist

Department of Biological and Agricultural Engineering

University of Georgia

Tifton, Georgia  31793

Xuefeng Chu, Ph.D.

Assistant Professor

Department of Civil Engineering

North Dakota State University

Fargo, North Dakota  58108-6050

Frederik de Laender, Ph.D.

Researcher

NIOO-KNAW

Centre for Estuarine & Marine Ecology

4400 AC Yerseke

The Netherlands

Daniel L. Devlin, Ph.D.

Professor, Department of Agronomy

Throckmorton Plant Sciences Center

Kansas State University

Manhattan, Kansas  66506

William R. Effland, Ph.D.

Soil Scientist

Resource Inventory & Assessment Division

USDA-National Resource Conservation Service

Beltsville, Maryland  20705

Timothy R. Ellsworth, Ph.D.

Associate Professor

Department of Natural Resources and Environmental Sciences

University of Illinois

Urbana, Illinois  61801

James Fairchild, M.S.

Research Aquatic Ecologist

U.S. Geological Survey

Environmental & Contaminants Research Center

Columbia, Missouri  65201

Robert J. Gilliom, M.S.

Chief, Pesticide National Synthesis

National Water Quality Assessment Program

USGS

Sacramento, California  95819

Thomas W. La Point, Ph.D.

Professor & Director

Institute of Applied Sciences

University of North Texas

Denton, Texas  76203-0559

Robert N. Lerch, Ph.D.

Soil Scientist & Adjunct Assistant Professor

Department of Soil, Environmental, and Atmospheric Sciences

University of Missouri

USDA/ARS, Cropping Systems & Water Quality Research Unit

Columbia, Missouri  65211

Jeffrey M. Novak, Ph.D.

Research Soil Scientist

USDA/ARS, Coastal Plains Soil, Water and Plant Research Center

Florence, South Carolina  29501-1242

James C. Randolph, Ph.D.

Professor & Director

Environmental Science Program

School of Public and Environmental Affairs

Indiana University

Bloomington, Indiana  47405

Jason R. Rohr, Ph.D.

Assistant Professor

Department of Integrative Biology

University of South Florida

Tampa, Florida  33620

Geoffrey I. Scott, Ph.D.

Director

Center for Coastal Environmental Health & Biomolecular Research

U.S. Department of Commerce, NOAA, National Ocean Service

Charleston, South Carolina 29412-0607

Frieda B. Taub, Ph.D.

Professor Emeritus

School of Aquatic and Fishery Sciences

College of Ocean and Fisheries Sciences

University of Washington

Seattle, Washington  98195

Linda J. Young, Ph.D.

Professor, Department of Statistics

Institute of Food & Agricultural Sciences

University of Florida

Gainesville, Florida  32611