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New York LaGuardia Airport Congestion Management
FAA-2006-25709
April 30, 2008
Request of the Air Transport Association, Regional Airline Association and the Air Carrier Association of America to Clarify Notice and Extend Public Comment Period
The SNPRM describes leasing slots to carriers with mandatory terms and conditions; violation of those slot terms may result in default. However, DOT provides no description of potential lease terms and conditions, the definition of default, or what the consequences of a default may be. In addition, DOT intends to procure services to conduct auctions, but has yet to do so. As DOT states in the Initial Regulatory Evaluation, it cannot provide the complete details of the auction process but provides auction features it “…would expect any acceptable auction services would include.”
Without any information on the lease terms that could result in loss of slots, and a definitive auction method, carriers cannot plan for future sales and the public is prevented from effectively commenting on this proposal. These are fundamental concerns. Without additional information the SNPRM fails to provide sufficient public notice and the opportunity to comment under the Administrative Procedure Act. In addition, there should be no harm in providing addition time to comment since DOT will have to develop these fundamental details in order to implement this rule.
We request that DOT suspend the comment period, clarify and amend the SNPRM to provide adequate public notice on the above provisions and provide a 60-day comment period after posting its clarification in the docket.
Counsel: ATA, David Berg
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