[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18179]


[Federal Register: July 28, 1994]


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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 93



High Density Airports; Slot Use and Loss Requirements; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. 27834, Notice No. 94-25]


High Density Airports; Slot Use and Loss Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Federal Aviation 
Regulations pertaining to the slot use and loss provisions for air 
carrier and commuter operator slots (i.e., instrument flight rules 
takeoff and landing reservations) at Kennedy International Airport, 
LaGuardia Airport, O'Hare International Airport, and Washington 
National Airport. This proposal would codify the agency's historical 
practice of treating as used, any slot held but not actually operated 
on Thanksgiving Day, the Friday following Thanksgiving Day, and the 
period from December 24 through January 2. The proposed revision would 
permit carriers and commuters to choose which flights to operate at any 
of the High Density Rule airports during certain days of the winter 
holiday season without jeopardizing the status of the slots under the 
``use of lose'' requirement.

DATES: Comments must be received on or before September 26, 1994.

ADDRESSES: Comments on this regulation may be mailed in triplicate to: 
Federal Aviation Administration, Office of the Chief Counsel, Rules 
Docket (AGC-10), Docket No. 27834, 800 Independence Avenue SW., 
Washington, DC 20591.
    Or delivered in triplicate to: Federal Aviation Administration, 
Rules Docket, room 915, 800 Independence Avenue SW., Washington, DC 
20591.
    Comments may be examined in the Rules Docket weekdays, except 
Federal holidays, between 8:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT:
Patricia R. Lane, Office of the Chief Counsel, AGC-230, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3491.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the proposal by 
submitting such written data, views, or arguments as they may desire. 
Comments that provide the factual basis supporting the views and 
suggestions presented are particularly helpful in developing reasoned 
decisions on the proposals. Comments are specifically invited on the 
overall economic, energy, environmental, reporting, and recordkeeping 
aspects of the proposals. Communications should identify the docket 
number and be submitted in triplicate to the address above. Commenters 
wishing the FAA to acknowledge receipt of their comments on this notice 
must submit with those comments a self-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. 
27834.'' Communications received on or before the specified closing 
date for comments will be considered before taking any further action 
on the proposals. The proposals contained in this notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this proposal will be filed in the docket.

Availability of NPRM

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue SW., 
Washington, DC 20591, or by calling (202) 267-3484. Communications must 
identify the docket number of this NPRM. Persons interested in being 
placed on a mailing list for future notices should also request a copy 
of Advisory Circular No. 11-2A, ``Notice of Proposed Rulemaking 
Distribution System,'' which describes the application procedures.

Background

    The High Density Traffic Airport Rule, or ``High Density Rule,'' 14 
CFR part 93, subpart K, was promulgated in 1969 to reduce delays at 
five congested airports: JFK International, LaGuardia, O'Hare 
International, Washington National, and Newark International (33 FR 
17896; December 3, 1968). The regulation limits the number of IFR 
operations at each airport, by hour or half hour (by half hour at 
O'Hare), during certain hours of the day. It provides for the 
allocation to carriers of operational authority, or a ``slot'' for each 
instrument flight rule (IFR) landing or takeoff during a specific 30- 
or 60-minute period. The restrictions were lifted at Newark in the 
early 1970's.
    The proposed amendment would exempt certain holidays from being 
included in the bimonthly calculations for slot use. Traditionally, air 
carriers and commuters reduce their scheduled operations on the 
following holidays: Thanksgiving Day, the Friday following 
Thanksgiving, Christmas Day, and New Year's Day. Since December 1986, 
commuter slot-operators have been allowed to temporarily discontinue 
use of slots for Thanksgiving Day, the Friday following Thanksgiving 
Day, and the period from December 24 through the first Saturday in 
January of the new year. This policy was extended to air carrier 
operators for the 1993 holiday season. There is no reason to expect 
this agency's historical practice to change and it should be expressly 
codified in the regulations.
    This proposed change in the rule would not result in any additional 
flights or capacity at the four High Density Traffic Airports. This 
proposal also would be in the public interest because it would permit 
air carriers and commuters to choose which flights to operate during 
the winter holiday season without jeopardizing the status of the slots 
under the ``use or lose'' requirement.

Regulatory Evaluation

    The FAA has determined that this rulemaking is not a ``significant 
regulatory action,'' as defined by Executive Order 12866 (Regulatory 
Planning and Review). The anticipated costs and benefits associated 
with this proposed rule to amend part 93 of the Federal Aviation 
Regulations (FAR) are shown below.

Benefits

    The proposal would permit the non-operation of certain flights by 
carriers and commuters operating at any of the High Density Rule 
airports during certain days of the winter holiday season. But the air 
carrier could still count those flights toward its slot usage 
requirement. It would permit an air carrier that could not cover its 
variable operating costs to not operate those flights and to still meet 
the slot usage requirements for those particular days. The potential 
benefits would be primarily cost savings to the airlines.

Costs

    The proposed rule would not result in any added costs to the 
affected air carriers. Fewer landings at the airports affected by this 
rulemaking could result in reduced airport revenues derived from 
landing fees. The FAA seeks comments on this issue.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that small 
entities are not unnecessarily and disproportionately burdened by 
Government regulations. The RFA requires agencies to review rules that 
may have a significant economic impact on a substantial number of small 
entities. The FAA estimates that no small entity would incur 
incremental compliance costs. Therefore, the FAA has determined that a 
regulatory flexibility analysis is not necessary.

International Trade Impact Assessment

    The proposed rule would neither have an effect on the sale of 
foreign aviation products or services in the United States, nor would 
it have an effect on the sale of U.S. products or services in foreign 
countries. This is because the proposed rule would neither impose costs 
on aircraft operators nor on U.S. or foreign aircraft manufacturers.

Paperwork Reduction Act

    This proposal, if adopted, provides for no changes to the required 
reporting of information by air carrier and commuter operators to the 
FAA. Under the requirements of the Federal Paperwork Reduction Act, the 
Office of Management and Budget has approved the information collection 
provision of subpart S through August 31, 1995. OMB Approval Number 
2120-0524 has been assigned to subpart S.

Federalism Implications

    The proposals set forth herein would not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
regulation, if adopted, would not have federalism implications 
warranting the preparation of a Federalism Assessment.

Conclusion

    For the reasons set forth above, the FAA has determined that this 
proposal (1) Would not be a ``significant regulatory action'' under 
Executive Order 12866; and (2) is not a ``significant rule'' under 
Department of Transportation Regulatory Policies and Procedures (44 FR 
11034; February 26, 1979). Further, I certify that under the criteria 
of the Regulatory Flexibility Act, this proposal would not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 14 CFR Part 93

    Air traffic control, Airports, Navigation (air), Reporting and 
recordkeeping requirements.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, I propose 
to amend Part 93 of the Federal Aviation Regulations (14 CFR Part 93) 
as follows:

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

    1. The authority citation for Part 93 continues to read as follows:

    Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a), 
1424, 2451 et seq.; 49 U.S.C. 106(g).

    2. In Sec. 93.227, paragraph (a) is revised and a new paragraph (l) 
is added to read as follows:


Sec. 93.227  Slot use and loss.

    (a) Except as provided in paragraphs (b), (c), (d), (g), and (l) of 
this section, any slot not utilized 80 percent of the time over a 2-
month period shall be recalled by the FAA.
* * * * *
    (1) The FAA will treat as used any slot held by a carrier at a High 
Density Traffic Airport on Thanksgiving Day, the Friday following 
Thanksgiving Day, and the period from December 24 through January 2.
* * * * *
    Issued in Washington, DC on July 19, 1994.
David J. Hurley,
Director, Office of Air Traffic System Management.
[FR Doc. 94-18179 Filed 7-27-94; 8:45 am]
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