The FAA, on June 5, 2009, issued two Notices of Order to Show Cause requesting "the views of interested persons on the FAA’s tentative determination to extend through October 30, 2010, the January 15, 2008, order limiting the number of scheduled aircraft arrivals at John F. Kennedy International Airport [and Newark Liberty International Airport] during peak hours."

In the Notices, the FAA recites the events that have occurred since it instituted the January, 2008, Order, which include that current proposed rule to rescind its rule regarding slot auctions at both of the airports (74 Fed.Reg. 22714 (May 14, 2009); see also, "FAA Proposes Rescission of Congestion Management Rules for JFK, LaGuardia and Newark," posted May 14, 2009).  As result, the FAA states that it does not believe that it will have an "effective final rule" by the time the January, 2008, Order expires.  Without an extension and without an "effective final rule," the FAA believes that there will be a return to the "congestion-related delays that precipitated the voluntary schedule reductions and adjustments reflected in the January 2008 order."

This extension, then, the FAA claims, is necessary to prevent a recurrence of over-scheduling at the two airports between the date that the January, 2008 Order is slated to expire (October 24, 2009) and the effective date of the the replacement rule.  The Notice extends the January, 2008, Order until October 30, 2010.

To submit comments:

  • Electronically:  go to and search for docket number FAA-2007-29320 or click here for the comment submission form.
  • U.S> Mail:  send comments to Docket Operations, U.S. Department of Transportation, M-30, Room W12-140, 1200 New Jersey Avenue SE, Washington, D.C. 20590-0001
  • Fax:  fax to (202) 493-2251.

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