[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23258]


  Federal Register / Vol. 59, No. 181 / Tuesday, September 20, 1994 /
  
[[Page Unknown]]

[Federal Register: September 20, 1994]


                                                   VOL. 59, NO. 181

                                        Tuesday, September 20, 1994

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. 27664]

 

The High Density Rule

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: As part of the Clinton Administration's initiative to help 
revitalize the airline industry, the Department of Transportation (the 
Office of the Secretary and the FAA) is reviewing the 25 year old High 
Density Traffic Airports Rule (HDR), a regulation that limits hourly 
takeoffs and landings (slots) at the following airports: New York's 
LaGuardia and Kennedy; Chicago's O'Hare; and Washington, D.C.'s 
National. The review will be a thorough examination of the slot rule to 
assess airline capacity, competition, fares, and service patterns at 
the four airports. It will also evaluate the rule's economic, 
operational and environmental impacts, including the way domestic and 
international slots are allocated, and will consider alternative 
traffic management techniques. On April 1, 1994, the FAA published a 
request for comments to gather information on the effectiveness and 
viability of the HDR and any potential alternatives to the rule (59 FR 
15332; Docket No. 27664). The comment period closed on May 27, 1994, 
and approximately 100 comments have been received. These public 
meetings will report study progress and give the public another 
opportunity to comment on the HDR. If the results of the review 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: The public meetings will be held as follows: Washington, DC--
Wednesday, October 19, 1994; New York--Friday, October 21, 1994; 
Chicago--Thursday, November 17, 1994. The meetings will be held from 12 
p.m.-4 p.m. and 6 p.m.-8 p.m. Persons not able to attend a meeting are 
invited to provide written comments, which must be received on or 
before November 23, 1994.

ADDRESSES: The exact locations of the public meetings will be published 
in a separate Federal Register notice. Persons unable to attend the 
meeting may mail their comments in triplicate to: Federal Aviation 
Administration, Office of the Chief Counsel, Rules Docket (AGC-200), 
Docket No. 27664, 800 Independence Avenue, SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:
Requests to present a statement at the meeting or questions regarding 
the logistics of the meeting should be directed to Cindy Herman, Office 
of Rulemaking, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-7627; fax (202) 267-5075.
    Questions concerning the subject matter of the meeting should be 
directed to Mr. Larry Barry, APO-220, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591, telephone (202) 
267-3305.

SUPPLEMENTARY INFORMATION:

Participation at the Meeting

    Requests from persons who wish to present oral statements at the 
Washington, DC or New York public meetings should be received by the 
FAA no later than October 3, 1994. Requests from persons who wish to 
present oral statements at the Chicago public meeting should be 
received by the FAA no later than November 1, 1994. Such request should 
be submitted to Cindy Herman, as listed above in the section titled 
``FOR FURTHER INFORMATION CONTACT'' and should include at which meeting 
oral statements will be presented, a written summary of oral remarks to 
be presented, and the estimate of time needed for the presentation. 
Requests received after the date specified above will be scheduled if 
there is time available during the meeting. Requests to present oral 
statements may be made on the day of the public meetings during the 
registration period, although time constraints may not permit the 
accommodation of such requests. The DOT will prepare an agenda of 
speakers that will be available at the meeting. The names of those 
individuals whose requests to present oral statements are received 
after the date specified above may not appear on the written agenda. To 
accommodate as many speakers as possible, the amount of time allocated 
to each speaker may be less than the amount of time requested.

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 (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 limitations 
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 Air Traffic Control 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 System Command Center.

The Study

    The review now being conducted by the DOT will include the specific 
issues for public comment listed below. 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. In the case of Washington National, a 
change to the HDR would also require a statutory change.

Specific Issues for Public Comment

    There are several specific issues on which the DOT seeks comment at 
the public meeting. These key issues are intended to help focus public 
comments on areas which will be useful to the DOT in completing its 
review of the HDR. The comments at the meetings need not be limited to 
these issues, and the DOT invites comments on any other aspect of the 
HDR.
    (1) The economic, environmental, competitive, and operational 
aspects of the HDR at the four airports.
    (2) The projected air traffic environment
    (3) The process for allocating domestic and international slots
    (4) Access for small communities at HDR airports
    (5) Potential alternatives to the current regulatory scheme at the 
HDR airports

Meeting Procedures

    The following procedures are established to facilitate the 
meetings:
    (1) There will be no admission fee or other charge to attend or to 
participate in the meeting. The meeting will be open to all persons who 
are scheduled to present statements or who register on the day of the 
meeting (between 10:45 a.m. and 11:45 a.m.) subject to availability of 
space in the meeting rooms. The meetings may adjourn early if scheduled 
speakers complete their statements in less time than is scheduled for 
the meetings.
    (2) An individual, whether speaking in a personal or a 
representative capacity on behalf of an organization, may be limited to 
a 10-minute statement. If possible, we will notify the speaker if 
additional time is available.
    (3) The DOT will try to accommodate all speakers. If the available 
time does not permit this, speakers generally will be scheduled on a 
first-come-first-served basis. However, the DOT reserves the right to 
exclude some speakers if necessary to present a balance of viewpoints 
and issues.
    (4) Sign and oral interpretation can be made available at the 
meeting, as well as an assistive listening device, if requested 10 
calendar days before the meeting.
    (5) Representatives of the DOT will preside over the meeting. A 
panel of DOT and FAA personnel involved in this issue will be present.
    (6) The meeting will be recorded by a court reporter. A transcript 
of the meeting and any material accepted by the DOT representatives 
during the meeting will be included in the public docket. Any person 
who is interested in purchasing a copy of the transcript should contact 
the court reporter directly. Additional transcript purchase information 
will be available at the meeting.
    (7) The DOT will review and consider all material presented by 
participants at the meeting. Position papers or material presenting 
views or arguments related to the HDR may be accepted at the discretion 
of the presiding officer and subsequently placed in the public docket. 
The DOT requests that persons participating in the meeting provide five 
copies of all materials to be presented for distribution to the DOT 
representatives; other copies may be provided to the audience at the 
discretion of the participant.
    (8) Statements made by DOT representatives are intended to 
facilitate discussion of the issues or to clarify issues. Any statement 
made during the meeting by a DOT representative is not intended to be, 
and should not be construed as, a position of the DOT.
    (9) The meetings are designed to solicit public views and more 
complete information on the HDR and issues discussed in this notice. 
Therefore, the meeting will be conducted in an informal and non 
adversarial manner. No individual will be subject to cross-examination 
by any other participant; however, DOT representatives may ask 
questions to clarify a statement and to ensure a complete and accurate 
record.

(Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-
1430, 1472, 1485, and 1501; 49 U.S.C. 106(g)).

    Issued in Washington, DC, on September 14, 1994.
Dale E. McDaniel,
Deputy Assistant Administrator for Policy, Planning & International 
Aviation.
[FR Doc. 94-23258 Filed 9-19-94; 8:45 am]
BILLING CODE 4910-13-M