[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7915]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 93

[Docket No. 27664]

 

Study of the High Density Rule

AGENCY: Federal Aviation Administration [FAA], DOT.

ACTION: Notice of study and request for comments.

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SUMMARY: On January 6, 1994, the Administration announced its Civil 
Aviation Initiative to Promote a Strong Competitive Aviation Industry. 
In it the Department of Transportation (DOT) noted that it had begun a 
comprehensive examination of the High Density Traffic Airports Rule 
(HDR) to assess its viability as an efficient air traffic and delay 
management tool and to determine whether certain operating limitations 
imposed by the rule could be eliminated or modified. The study is 
expected to be completed by November 1994. This notice requests 
comments from the public on the effectiveness and viability of the HDR 
and any potential alternatives to the rule. If the results of the study 
suggest changes to the HDR, those changes would be proposed through the 
regulatory process, pursuant to the Administrative Procedure Act. 
Changes affecting the number of instrument flight rule takeoffs and 
landings authorized for air carriers for Washington National Airport 
would require a legislative change since they are imposed by statute.

DATES: Comments must be received on or before May 27, 1994.

ADDRESSES: Send or deliver comments in triplicate to: Federal Aviation 
Administration, Office of Chief Counsel, Attention: Rules Docket (AGC-
200), Docket No. 27664, 800 Independence Avenue, SW., Washington, DC 
20591. Comments must be marked Docket No. 27664. Comments may be 
examined in Room 915G weekdays between 8:30 am and 5 pm, except on 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Larry Barry, APO-220, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, telephone no. 202-267-
3305.

SUPPLEMENTARY INFORMATION: 

Background

    The HDR (14 CFR part 93, subpart K) was adopted in 1969 as a 
temporary measure to reduce delays at five congested airports: JFK 
International, LaGuardia, Newark International, O'Hare International, 
and Washington National. Total hourly limits on the number of 
operations, or operating ``slots'', were imposed at each airport during 
certain hours of the day. For each airport the hourly total was divided 
into three operator categories: air carrier, commuter (originally air 
taxi), and ``other,'' which consists primarily of general aviation and 
charters. The limits were based on the Engineering Performance 
Standards, or EPS, which are a method for determining the Instrument 
Flight Rules (IFR) operating capacity of an airport.
    All limitations for Newark Airport were removed from the HDR in the 
early 1970's. The limits were made permanent at the four other airports 
in 1973 and have remained in effect in some form since 1969. Between 
1981 and 1984, the HDR was superseded by the Interim Operations Plan 
adopted in response to the air traffic controllers' strike. (SFAR 44). 
All SFAR 44 limitations were lifted, and the HDR limits reinstated, by 
the ``Interim Final Rule'' issued in March 1984. (49 FR 8237, March 6, 
1984). At Washington National Airport, slots are further limited by 
statute.
    The hour and category limits in the HDR are enforced by a 
regulatory requirement to have an ATC reservation for a takeoff or 
landing at a high density airport during restricted hours. Air carrier 
and commuter reservations are considered slots, which are continuing 
reservations at the same time each day. ``Other'' category reservations 
are allocated on an ad hoc basis for individual operations, using a 
first-come first-served reservation system. Reservations are available 
up to 48 hours in advance of the time of operation, by calling a voice-
activated computer system maintained by the FAA Air Traffic Control 
System Command Center.

The Study

    The study now being conducted by the DOT will include: An 
examination of the current air traffic environment at each of the four 
high density airports (including, but not limited to, the economic, 
environmental, competitive, and logistical aspects of the rule); the 
projected air traffic environment; and the relationship of and 
integration with the current HDR. The study will also examine the 
process for allocating domestic and international slots, access for 
small communities, and potential alternatives to the current regulatory 
scheme at the HDR airports. The requirements of each of the four 
airports will be reviewed separately but each airport's relation to the 
national air traffic system will be considered. Any changes to the HDR 
will be subject to the separate process required by the Administrative 
Procedure Act, and, in the case of Washington National, would require a 
statutory change.

Comments Invited

    Interested parties are invited to participate in this study of the 
HDR by submitting such written data, views, or arguments as they may 
desire. Comments that provide a factual basis supporting views and 
suggestions presented are particularly helpful in developing reasoned 
alternatives or responses to the HDR. Comments are specifically invited 
on the overall regulatory, economic, environmental, competitive, and 
energy-related aspects of the HDR and of potential alternatives. 
Communications should identify the docket number and be submitted in 
triplicate to the address listed above. Comments should not be sent or 
directed to any of the contractors that have been engaged by the FAA to 
provide information for the study of the HDR.
    All comments received on or before the closing date for comments 
will be considered. All comments submitted will be available for 
examination in the Rules Docket both before and after the closing date 
for comments.

    Signed in Washington on March 28, 1994.
Dale E. McDaniel,
Acting Assistant Administrator for Policy, Planning and International 
Aviation.
[FR Doc. 94-7915 Filed 3-31-94; 8:45 am]
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