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GAO-09-121R 1 (2008-10-27)

handle is hein.gao/gaobadwve0001 and id is 1 raw text is: 


   I
   GA 0
V 1    Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317308


          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 John F Kennedy International Aiport and Newark
                  Liberty International Aiport

          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 John F. Kennedy
          International Airport and Newark Liberty International Airport (RIN: 2120-AJ28).
          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. 60,544.

          The final rule establishes procedures to address congestion in the New York City
          area by assigning slots at John F. Kennedy and Newark Liberty International
          Airports. The rule also extends the caps on the operations at the two airports,
          assigns to existing operators the majority of slots at the airports, and develops a
          secondary market by annually auctioning off a limited number of slots in each of the
          first 5 years of the rule. The rule states that auction proceeds will be used to
          mitigate congestion and delay in the New York City area. 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


GAO-09-121R

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