Unknown. Extension to order

4,587 words·~21 min read·/register/2022/10/28/2022-23617

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-10-28.xml --- 87 208 Friday, October 28, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65205-65206 2022-23506 Agricultural Marketing Agricultural Marketing Service NOTICES Barriers Facing Small Firms and Businesses Providing Halal, Kosher and Organic Products in Commodity Contracting, 65185-65186 2022-23513 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application to Transport Interstate or Temporarily Export Certain National Firearms Act Firearms, 65251-65252 2022-23474 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Case-Control Study on Highly Pathogenic Avian Influenza in Poultry, 65186-65187 2022-23537 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65207-65209 2022-23485 2022-23553 Civil Rights Civil Rights Commission NOTICES Meetings: Maryland Advisory Committee, 65190 2022-23478 Coast Guard Coast Guard NOTICES Environmental Impact Statements; Availability, etc.: BNSF Railway Bridge across the Missouri River between Bismarck and Mandan, ND, 65216-65217 2022-23466 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 65193-65194 2022-23535 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the National Paralysis Resource Center and Performance Management Support, 65209-65210 2022-23484 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Virginia Graeme Baker Pool and Spa Safety Act;

Compliance Form, 65194-65195 2022-23556 Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Senior Executive Service Performance Review Board, 65195 2022-23462 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Prohibition on Award to Contractors That Require Certain Nondisclosure Agreements (DFARS Case 2021-D018), 65510-65512 2022-23281 Removal of Passive Radio Frequency Requirements (DFARS Case 2022-D020), 65513-65514 2022-23284 Removal of Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2022-D022), 65514-65515 2022-23286 Repeal of Preference for Fixed-Price Contracts (DFARS Case 2022-D007), 65512-65513 2022-23283 Reporting Tax Information on Certain Foreign Procurements (DFARS Case 2021-D029), 65515-65518 2022-23282 Requirement for Firms Used to Support Department of Defense Audits (DFARS Case 2019-D010), 65500-65502 2022-23275 Requiring Data Other than Certified Cost or Pricing Data (DFARS Case 2020-D008), 65502-65504 2022-23276 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Quick-Closeout Procedures Threshold (DFARS Case 2021-D001), 65505-65506 2022-23277 Undefinitized Contract Actions (DFARS Case 2021-D003), 65507-65509 2022-23280 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Meetings: Defense Science Board, 65197-65198 2022-23467 TRICARE Plan Program Changes for Calendar Year 2023, 65195-65197 2022-23465 Education Department Education Department RULES Pell Grants for Prison Education Programs: Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10);

Change in Ownership and Change in Control, 65426-65498 2022-23078 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2024 Teaching and Learning International Survey International Field Test Questionnaire Revision, 65198-65199 2022-23527 GEPA Section 427 Guidance for All Grant Applications, 65198 2022-23528 National Evaluation of Title III Implementation, 65199-65200 2022-23558 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Designation of One New Equivalent Method:

Ambient Air Monitoring Reference and Equivalent Methods, 65203-65204 2022-23524 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 65202-65203 2022-23500 Federal Aviation Federal Aviation Administration RULES Operating Limitations at John F. Kennedy International Airport, 65161-65163 2022-23616 Operating Limitations at New York LaGuardia Airport, 65159-65161 2022-23617 PROPOSED RULES Airspace Designations and Reporting Points: Hickory and Morganton, NC, 65178-65180 2022-22901 Union Springs, AL, 65180-65181 2022-22990 NOTICES COVID-19 Related Relief Concerning Operations at Chicago O'Hare International Airport, John F.

Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2022/2023 Scheduling Season, 65282-65284 2022-23619 Noise Compatibility Program: Duluth International Airport, St. Louis County, MN, 65280-65282 2022-23464 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Return A—Monthly Return of Offenses Known to Police and Supplement to Return A—Monthly Return of Offenses Known to Police, 65252-65253 2022-23487 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65204-65205 2022-23539 Federal Election Federal Election Commission PROPOSED RULES Rulemaking Petition: Conduit Reporting Threshold, 65178 2022-23362 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 65217-65230 2022-23543 2022-23544 2022-23545 2022-23546 2022-23548 Meetings:

Board of Visitors for the National Fire Academy, 65228-65229 2022-23547 Federal Energy Federal Energy Regulatory Commission RULES Policy Statement: Standard Applied to Complaints Against Oil Pipeline Index Rate Changes, 65163-65175 2022-23343 NOTICES Combined Filings, 65201-65202 2022-23505 2022-23507 Settlement Agreement: Little Falls Hydroelectric Associates, LP, 65200-65201 2022-23504 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65284-65285 2022-23529 Federal Railroad Federal Railroad Administration NOTICES Safety Advisory: Use of Portable Derails, 65285 2022-23486 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 65205 2022-23538 Federal Trade Federal Trade Commission NOTICES Horseracing Integrity and Safety Authority Anti-Doping and Medication Control Rule, 65292-65423 2022-22970 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Fish and Wildlife Permit Applications and Reports—Migratory Birds, 65233-65237 2022-23491 Southeast Conservation Adaptation Strategy Social Network Analysis Survey, 65239-65240 2022-23488 Permit Applications: Marine Mammal Protection Act, 65237-65238 2022-23508 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65211-65212 2022-23510 Guidance: Clostridioides difficile Infection:

Developing Drugs for Treatment, Reduction of Recurrence, and Prevention, 65210-65211 2022-23457 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65187 2022-23470 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 65285-65286 2022-23493 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Subzone: CNH Industrial America, LLC; Foreign-Trade Zone 59;

Grand Island, NE, 65191 C1-2022-21361 Forest Forest Service NOTICES Meetings: Alpine County Resource Advisory Committee, 65188 2022-23454 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Enrollment and Re-Certification of Covered Entities in the 340B Drug Pricing Program, 65212-65215 2022-23518 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA Lender Approval, Annual Renewal, Periodic Updates and Required Reports by FHA Approved Lenders, 65230-65231 2022-23509 Multifamily Financial Management Template, 65231-65232 2022-23516 Multifamily Project Applications and Construction Prior to Initial Endorsement, 65232-65233 2022-23512 Previous Participation Certification, 65231 2022-23520 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Leasing of Osage Reservation lands for Oil and Gas Mining, 65240-65241 2022-23451 Meetings: Self-Governance PROGRESS Act Negotiated Rulemaking Committee, 65241-65242 2022-23472 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Information Reporting for Payments Made in Settlement of Payment Card and Third-Party Network Transactions, 65286-65287 2022-23521 Source of Income from Certain Space and Ocean Activities; Source of Communications Income, 65287 2022-23495 Meetings: Advisory Council, 65287-65288 2022-23555 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65250-65251 2022-23542 Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Radio Frequency Transmission Devices and Components Thereof, 65249-65250 2022-23463 Tin- and Chromium-Coated Steel Sheet from Japan, 65248-65249 2022-23468 Meetings; Sunshine Act, 65251 2022-23590 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Bureau of Investigation NOTICES Proposed Consent Decree: United States v. Petroff Trucking Company, Inc., 65253 2022-23499 Proposed Settlement Agreement, 65253-65254 2022-23498 Labor Department Labor Department NOTICES Delegation of Authorities and Assignment of Responsibilities to the Chief Information Officer, 65254-65257 2022-23503 National Archives National Archives and Records Administration NOTICES Meetings:

Chief Freedom of Information Act Officers Council, 65257 2022-23030 Records Schedules; Correction, 65257 2022-23024 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 65216 2022-23453 National Institute of Allergy and Infectious Diseases, 65215 2022-23540 2022-23541 National Institute of Environmental Health Sciences, 65215-65216 2022-23452 National Labor National Labor Relations Board NOTICES Appointments of Individuals to Serve as Members of Performance Review Boards, 65257 2022-23492 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Shortraker Rockfish in the Central Regulatory Areas of the Gulf of Alaska, 65175-65176 2022-23526 PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Petition for Emergency Action to Close the Red King Crab Savings Area and Subarea to All Fishing Gear with Bottom Contact, 65183-65184 2022-23549 NOTICES Application: Marine Mammals; File No. 26725, 65191 2022-23554 Meetings: Gulf of Mexico Fishery Management Council, 65192 2022-23552 Mid-Atlantic Fishery Management Council, 65192-65193 2022-23550 North Pacific Fishery Management Council, 65191-65192 2022-23551 Taking and Importing Marine Mammals:

Atlantic Shores Offshore Wind Energy Projects Offshore of New Jersey, 65193 2022-23523 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Historic Preservation Certification Application, 65242-65243 2022-23514 Institutional Animal Care and Use Committee General Submission, Field Study, Concurrence, Annual Review, and Amendment Forms, 65245-65246 2022-23515 Special Park Use Applications, 65246-65247 2022-23517 The Interagency Access Pass and Senior Pass Application Processes, 65244-65245 2022-23511 National Register of Historic Places:

Pending Nominations and Related Actions, 65243-65244 2022-23490 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 65258 2022-23577 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Harmonization of Transportation Safety Requirements with IAEA Standards; Correction, 65177-65178 2022-22866 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cook Inlet Lease Sale 258, 65247-65248 2022-23496 Outer Continental Shelf Oil and Gas Lease Sales, 65248 2022-23494 Personnel Personnel Management Office NOTICES Meetings:

Federal Prevailing Rate Advisory Committee, 65258 2022-23469 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 65258-65259 2022-23450 Postal Service Postal Service PROPOSED RULES International Mailing Services: Proposed Price Changes, 65181-65183 2022-23525 Privacy Privacy and Civil Liberties Oversight Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65259 2022-23530 Rural Business Rural Business-Cooperative Service NOTICES Meetings:

Inflation Reduction Act Listening Session, 65188-65190 2022-23519 Rural Utilities Rural Utilities Service NOTICES Meetings: Inflation Reduction Act Listening Session, 65188-65190 2022-23519 Science Technology Science and Technology Policy Office NOTICES Request for Information: Data Collection for Emergency Clinical Trials and Interoperability Pilot, 65259-65262 2022-23489 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65265-65266 2022-23471 Meetings;

Sunshine Act, 65273 2022-23677 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 65266-65267 2022-23479 Fixed Income Clearing Corp., 65268-65271 2022-23482 ICE Clear Europe Ltd., 65262-65265 2022-23481 Nasdaq MRX, LLC, 65273-65279 2022-23483 The Nasdaq Stock Market, LLC, 65272-65273 2022-23480 Small Business Small Business Administration NOTICES Conflicts of Interest: Canapi Ventures SBIC Fund II, L.P., 65279 2022-23522 State Department State Department NOTICES Determination under the Foreign Assistance Act, 65280 2022-23475 Determination under the Foreign Assistance Act:

Assistance for International Energy and Climate Security Objectives and for Assistance for the Pacific Islands, 65279 2022-23476 Assistance to Advance Food Security and Energy Resilience and to Counter the People's Republic of China's Efforts, 65279 2022-23473 Trade Representative Trade Representative, Office of United States NOTICES Petition on Mexico's Acts, Policies, and Practices Concerning Seasonal and Perishable Agricultural Products, 65280 2022-23502 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Unified Unified Carrier Registration Plan NOTICES Meetings;

Sunshine Act, 65288-65289 2022-23632 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Tribal and Indian Affairs, 65289 2022-23501 Separate Parts In This Issue Part II Federal Trade Commission, 65292-65423 2022-22970 Part III Education Department, 65426-65498 2022-23078 Part IV Defense Department, Defense Acquisition Regulations System, 65500-65518 2022-23281 2022-23284 2022-23286 2022-23283 2022-23282 2022-23275 2022-23276 2022-23277 2022-23280 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 208 Friday, October 28, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No.: FAA-2006-25755] Operating Limitations at New York Laguardia Airport AGENCY: Federal Aviation Administration (FAA), Department of Transportation.

ACTION: Extension to order. SUMMARY: This action extends the Order Limiting Operations at New York LaGuardia Airport

(LGA)published on December 27, 2006, as most recently extended September 18, 2020. The Order remains effective until October 26, 2024. DATES: This action is effective on October 28, 2022. ADDRESSES: Requests may be submitted by mail to the Slot Administration Office, System Operations Services, AJR-0, Room 300W, 800 Independence Avenue SW, Washington, DC 20591, or by email to: *7-awa-slotadmin@faa.gov.* FOR FURTHER INFORMATION CONTACT: For questions concerning this Order contact: Al Meilus, Slot Administration and Capacity Analysis, FAA ATO System Operations Services, AJR-G5, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-2822; email *al.meilus@faa.gov.* SUPPLEMENTARY INFORMATION: Availability of Relevant Documents You may obtain an electronic copy using the internet by:

(1)Searching the Federal eRulemaking Portal at *www.regulations.gov;*

(2)Visiting the FAA's Dynamic Regulatory System website at *https://drs.faa.gov;* or

(3)Accessing the Government Publishing Office's website at *www.GovInfo.gov.* You also may obtain a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the docket number. Background The FAA historically limited the number of arrivals and departures at LGA through the implementation of the High Density Rule (HDR). 1 By statute enacted in April 2000, (the Aviation Investment and Reform Act for the 21st Century (AIR-21)), Congress terminated the HDR's applicability to LGA beginning on January 1, 2007. 2 The FAA issued the Order Limiting Operations at New York LaGuardia Airport on December 27, 2006, adopting temporary limits on scheduled and unscheduled operations at LGA pending the completion of rulemaking to address long-term limits and related policies. 3 This Order was amended on November 8, 2007, and August 19, 2008. 4 Under the amended Order, the FAA limited scheduled and unscheduled operations at the airport to prevent congestion-related delays associated with LaGuardia's limited runway capacity. The FAA extended the expiration date of the amended Order on October 7, 2009, April 4, 2011, May 14, 2013, March 27, 2014, May 25, 2016, September 18, 2018, and September 18, 2020. 5 1 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for operating at high density traffic airports in 14 CFR part 93, subpart K. The HDR required carriers to hold a reservation, which came to be known as a “slot,” for each takeoff or landing under instrument flight rules at the high density traffic airports. 2 Aviation Investment and Reform Act for the 21st Century (AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2). 3 71 FR 77854. 4 72 FR 63224; 73 FR 48428 5 74 FR 51653; 76 FR 18616, amended by 77 FR 30585 (May 23, 2012); 78 FR 28278; 79 FR 17222; 81 FR 33126; 83 FR 47065; and, 85 FR 58255. Under this Order, as amended, the FAA

(1)maintains the current hourly limits of 71 for scheduled operations and three for unscheduled operations at LGA during the slot-controlled hours;

(2)imposes an 80 percent minimum usage requirement for Operating Authorizations

(OAs)6 with defined exceptions;

(3)provides a mechanism for withdrawal of OAs for FAA operational reasons;

(4)provides for a lottery to reallocate withdrawn, surrendered, or unallocated OAs; and

(5)allows for trades and leases of OAs for consideration for the duration of the Order. 6 Also referred to herein as “slots.” The reasons for retaining the Order have not changed appreciably since its initial issuance. Despite the dynamic demand during the 2020-2022 period due to the COVID-19 pandemic, runway capacity at LGA remains limited, while demand for access to LGA remains high. The FAA has determined that the operational limitations imposed by this Order are appropriate and necessary. During the effective period of this Order, the FAA will continue to monitor demand, performance, and runway capacity at LGA, to determine if changes are warranted. In 2009, the FAA reduced the scheduling limits under this Order from 75 operations per hour to 71 per hour to provide an opportunity to improve operations. 7 The FAA did not require a reduction of historic slots to reach the new hourly limits. Instead, historic allocations were honored. However, slots voluntarily returned or withdrawn per the terms of the Order are not reallocated if the hourly totals exceed the revised 71 hourly scheduling limit. As a result of this historic practice, between 72 and 75 slots remain authorized in most slot-controlled hours. The FAA, in coordination with the Office of the Secretary of Transportation (OST), will continue to consider potential rulemaking to codify policies for slot-controlled airports. 7 74 FR 2646 (Jan. 15, 2009). Pending Issues In extending the Orders limiting operations at LGA and John F. Kennedy International Airport

(JFK)in 2018, the FAA noted that receipt of specific proposals for policy changes that would necessitate substantive modifications to the Orders. 8 Consideration of these issues is ongoing. Accordingly, the FAA is extending the expiration date of this Order until October 26, 2024. This expiration date coincides with the extended expiration date for the Order limiting scheduled operations at JFK, as also published elsewhere in the **Federal Register** . 8 See discussion of “Current Issues” in 2018 JFK Order, 83 FR at 46865, and LGA Order, 83 FR at 47065. The FAA continues to monitor demand, performance, and runway capacity at LGA in order to determine if changes are warranted during the effective period of this Order. The FAA is working with MITRE's Center for Advanced Aviation System Development on a study analyzing airport runway configurations and capacity. The continuation of this study will investigate the projected delays with alternative demand scenarios, as well as consider a number of the complexities associated with LGA operations, including interaction with other nearby airports and operational growth limitations due to the busy airspace surrounding the New York Area. The FAA finds that notice and comment procedures under 5 U.S.C. 553(b) are impracticable, unnecessary, and contrary to the public interest, as carriers have planned schedules for the Winter 2022/2023 scheduling season and no substantive amendments are included in this action. For these reasons, the FAA also finds that it is impracticable and contrary to the public interest to delay the effective date of this action under 5 U.S.C. 553(d). The Amended Order The Order, as amended, is recited below in its entirety: A. Scheduled Operations With respect to scheduled operations at LaGuardia: 1. The Order governs scheduled arrivals and departures at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. Seventy-one

(71)Operating Authorizations are available per hour and will be assigned by the FAA on a 30-minute basis. The FAA will permit additional, existing operations above this threshold; however, the FAA will retire Operating Authorizations that are surrendered to the FAA, withdrawn for non-use, or unassigned during each affected hour until the number of Operating Authorizations in that hour reaches seventy-one (71). 2. The Order took effect on January 1, 2007, and will expire on October 26, 2024. 3. The FAA will assign operating authority to conduct an arrival or a departure at LaGuardia during the affected hours to the air carrier that holds equivalent slot or slot exemption authority under the High Density Rule of FAA slot exemption rules as of January 1, 2007; to the primary marketing air carrier in the case of AIR-21 small hub/non-hub airport slot exemptions; or to the air carrier operating the flights as of January 1, 2007, in the case of a slot held by a non carrier. The FAA will not assign operating authority under the Order to any person or entity other than a certificated U.S. or foreign air carrier with appropriate economic authority and with operating authority from FAA under 14 CFR part 121, 129 or 135. 4. For administrative tracking purposes only, the FAA will assign an identification number to each Operating Authorization. 5. An air carrier may lease or trade an Operating Authorization to another carrier for any consideration, not to exceed the duration of the Order. 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 email *7-AWA-Slotadmin@faa.gov,* 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. However, the FAA will approve transfers between carriers under the same marketing control up to 5 business days after the actual operation. This post-transfer approval is limited to accommodate operational disruptions that occur on the same day of the scheduled operation. 6. Each air 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 actually operated for each day of the two-month reporting period, within 14 days after the last day of the two-month reporting period beginning January 1 and every two months thereafter. Any Operating Authorization not used at least 80 percent of the time over a two-month period will be withdrawn by the FAA except: A. The FAA will treat as used any Operating Authorization held by an air carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and the period from December 24 through the first Saturday in January. B. The FAA will treat as used any Operating Authorization obtained by an air carrier through a lottery under paragraph 7 for the first 120 days after allocation in the lottery. C. The Administrator of the FAA may waive the 80 percent usage requirement in the event of a highly unusual and unpredictable condition which is beyond the control of the air carrier and which affects carrier operations for a period of five consecutive days or more. 7. In the event that Operating Authorizations are withdrawn for nonuse, are surrendered to the FAA, or are unassigned, the FAA will determine whether any of the available Operating Authorizations should be reallocated. If so, the FAA will conduct a lottery using the provisions specified under 14 CFR 93.225. The FAA may retime an Operating Authorization prior to reallocation in order to address operational needs. 8. If the FAA determines that a 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 air carrier from which it was taken, provided that the air carrier continues to operate scheduled service at LaGuardia. 9. The Vice President, System Operations Services, in coordination with the Chief Counsel of the FAA, is the final decision maker for determinations under this Order. 10. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. B. Unscheduled Operations 9 9 Unscheduled operations are operations other than those regularly conducted by an air carrier between LaGuardia and another service point. Unscheduled operations include general aviation, public aircraft, military, irregular charter, ferry, and positioning flights. Regularly conducted commercial flights require an Operating Authorization and may not use unscheduled operation reservations. Helicopter operations are excluded from the reservation requirement. Unscheduled flights operating under visual flight rules

(VFR)may be accommodated by the local air traffic control facilities and are not included in the hourly limits. With respect to unscheduled flight operations at LaGuardia, the FAA adopts the following: 1. The Order applies to all operators of unscheduled flights, except helicopter operations, at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. 2. The Order took effect on January 1, 2007, and will expire on October 26, 2024. 3. No person can operate an aircraft other than a helicopter to or from LaGuardia unless the operator has received, for that unscheduled operation, a reservation that is assigned by the David J. Hurley Air Traffic Control System Command Center's Airport Reservation Office (ARO), or for unscheduled visual flight rule operations, received clearance from ATC. Additional information on procedures for obtaining a reservation is available via the internet at *http://www.fly.faa.gov/ecvrs.* 4. Three

(3)reservations are available per hour for unscheduled operations at LaGuardia. The ARO will assign reservations on a 30-minute basis. 5. The ARO receives and processes all reservation requests. Reservations are assigned on a “first-come, first-served” basis, determined as of the time that the ARO receives the request. A cancellation of any reservation that will not be used as assigned is required. 6. Filing a request for a reservation does not constitute the filing of an instrument flight rules

(IFR)flight plan, as separately required by regulation. After the reservation is obtained, an IFR flight plan can be filed. The IFR flight plan must include the reservation number in the “remarks” section. 7. Air Traffic Control will accommodate declared emergencies without regard to reservations. Nonemergency flights in direct support of national security, law enforcement, military aircraft operations, or public aircraft operations will be accommodated above the reservation limits with the prior approval of the Vice President, System Operations Services, Air Traffic Organization. Procedures for obtaining the appropriate reservation for such flights are available via the internet at *http://www.fly.faa.gov/ecvrs.* 8. Notwithstanding the limits in paragraph 4, if the Air Traffic Organization determines that air traffic control, weather, and capacity conditions are favorable and significant delay is not likely, the FAA can accommodate additional reservations over a specific period. Unused operating authorizations can also be temporarily made available for unscheduled operations. Reservations for additional operations are obtained through the ARO. 9. Reservations cannot be bought, sold, or leased. 10. The Vice President, System Operations Services, in coordination with the Chief Counsel of the FAA, is the final decision maker for determinations under this Order. 11. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. C. Enforcement The FAA may enforce the Order through an enforcement action seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department of Justice also could file a civil action in U.S. District Court, under 49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from violating the terms of the Order. Issued in Washington, DC, on October 26, 2022. Alyce Hood-Fleming, Acting Vice President, System Operations Services. [FR Doc. 2022-23617 Filed 10-26-22; 4:15 pm]

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