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GAO-09-122R 1 (2008-10-27)

handle is hein.gao/gaobadwvd0001 and id is 1 raw text is: I GA0 V 1 Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-317309 October 27, 2008 The Honorable Daniel K. Inouye Chairman The Honorable Kay Bailey Hutchison Ranking Minority Member Committee on Commerce, Science, and Transportation United States Senate The Honorable James L. Oberstar Chairman The Honorable John L. Mica Ranking Minority Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Transportation, FederalA viation Administration: Congestion Management Rule for LaGuardia Airport Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Transportation, Federal Aviation Administration (FAA), entitled Congestion Management Rule for LaGuardia Airport (RIN: 2120-AI70). We received the rule on October 9, 2008. It was published in the Federal Register as a final rule on October 10, 2008. 73 Fed. Reg. 60,574. The final rule addresses congestion at LaGuardia Airport by grandfathering the majority of operations and auctioning off a limited number of slots. FAA plans to use the proceeds from the auctions to mitigate congestion and delay in the New York City area. The final rule also reduces the hourly cap on scheduled operations and contains provisions for use-or-lose, unscheduled operations, and withdrawal for operational need. The final rule has an effective date of December 9, 2008, and will sunset in 10 years. Enclosed is our assessment of FAA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Although our review indicates that FAA complied with the applicable procedural requirements, it is our position that FAA does not have the requisite statutory authority to promulgate this final rule. Specifically, on September 30, 2008, we issued an opinion in response to a request from Chairman Oberstar and others in GAO-09-122R

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