[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28303]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 93

[Docket No. 27834; Amdt. No. 93-71]

 

High Density Airports; Slot Use and Loss Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Federal Aviation Regulations pertaining 
to the slot use and loss provisions for air carrier and commuter 
operator slots (i.e., instrument flight rules (IFR) takeoff and landing 
reservations) at John F. Kennedy International Airport (JFK), LaGuardia 
Airport, O'Hare International Airport (O'Hare), and Washington National 
Airport. This action codifies 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 the first Saturday in January. The amendment 
will 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 or lose'' requirement.

EFFECTIVE DATE: November 15, 1994.

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 number (202) 267-3491.

SUPPLEMENTARY INFORMATION:

Availability of Document

    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Public 
Affairs, Attention: Public Inquiry Center, APA-200, 800 Independence 
Avenue SW., Washington, DC 20591; or by calling (202) 267-3484. 
Communications must identify the amendment or docket number.

Background

    The High Density Traffic Airport Rule or ``High Density Rule,'' 14 
CFR in part 93, subpart K, was promulgated in 1969 to reduce delays at 
five congested airports: JFK, LaGuardia, O'Hare, 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, during certain hours of the day. It provides for the 
allocation to carriers of operational authority, or a ``slot'', for 
each IFR landing or takeoff during a specific 30- or 60-minute period. 
The restrictions were lifted at Newark in the early 1970's.
    On July 28, 1994, the FAA published a Notice of Proposed Rulemaking 
proposing to exempt certain holidays from being included in the 
bimonthly calculations for slot use (59 FR 38508). Traditionally, air 
carriers and commuters reduce their scheduled operations on the 
following holidays: Thanksgiving Day, the Friday following Thanksgiving 
Day, Christmas Day, and New Year's Day. Since December 1986, commuter 
slot operators have been allowed to discontinue temporarily the 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.

Discussion of Comments

    The comment period closed on September 26, 1994, with six comments 
filed. Comments were filed by two associations, three air carriers, and 
the Port Authority of New York and New Jersey (PONYNJ).
    The Regional Airline Association (RAA), USAir Shuttle, and the 
PONYNJ fully support the amendment as proposed. The Airline Transport 
Association (ATA) supported the proposal, but recommended a 
modification. ATA requested that the time period for waiving the ``use-
or-lose'' provisions be extended from the proposed date of January 2 to 
the first Saturday in January. ATA supported its recommendation by 
stating that certain travel patterns at holidays relate more directly 
to weekends than they do to specific calendar dates, particularly 
return travel dates. ATA stated that if January 2 falls on a Thursday, 
typically travelers will seek to incorporate the adjoining weekend 
period into their holiday vacation schedules. ATA argued that as a 
result of the above, travel demand on the Friday and Saturday will 
continue to ``reflect dramatically reduced'' levels. ATA contended that 
without extending the waiver period through the first weekend in 
January, the problem of forced inefficient operations will continue to 
exist 5 years out of every 7 years. USAir and American Airlines 
supported the proposed amendment with the incorporation of ATA's 
modification.
    ATA, USAir, and American Airlines also raised several other issues, 
such as adoption of a 5-day (Monday-Friday) 80 percent ``use-or-lose'' 
rule, and the return of weekend slots to air carriers that had 
previously returned the weekend slots to the FAA because of the 80% 
``use-or-lose'' requirement. These issues are beyond the scope of this 
rulemaking and are more appropriately addressed in Docket No. 27664, 
which includes a comprehensive review of the HDR. We have included a 
copy of ATA's, USAir's, and American Airline's comments in that Docket 
for further consideration.
    The FAA finds persuasive ATA's argument to extend to the first 
Saturday in January the period for which the ``use-or-lose'' 
requirement is waived. The FAA agrees that the potential for travelers 
to include the adjoining weekend into holiday travel plans is great, 
and this potential increases the closer the holiday falls to the 
weekend. Therefore, the FAA has modified the original proposal to 
extend the affected time period from December 24 through the first 
Saturday in January.
    The FAA has determined that this amendment will not result in any 
additional flights or capacity at the four High Density Traffic 
Airports. This amendment is in the public interest because it will 
permit air carrier and commuter operators to choose which flights to 
operate during the winter holiday season with out jeopardizing the 
status of the slots under the ``use or lose'' requirement.

Good Cause Justification for Effective Date Less Than 30 Days After 
Publication

    This amendment is being adopted less than 30 days after publication 
because delay could have a significant economic impact on airlines 
without increasing the level of safety. In this case, the regulation 
affects flights on Thanksgiving Day, the Friday following Thanksgiving 
Day, and the period from December 24 through the first Saturday in 
January. Therefore, the FAA finds that good cause exists under 
Sec. 553(d)(3) of the Administrative Procedure Act for the regulation 
to be effective in less than 30 days.

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 costs and benefits associated with this 
amendment to part 93 of the Federal Aviation Regulations (FAR) are 
shown below.

Benefits

    This amendment will permit air carrier and commuter operators to 
not operate certain flights at any of the High Density Rule airports 
during certain days of the winter holiday season but to still count 
those flights toward their slot usage requirement. The benefits will be 
primarily cost savings to the airlines.

Costs

    This rule will not result in any added costs to the affected air 
carriers. The FAA specifically requested comments on the issue that 
fewer landings at the airports affected by this rulemaking could result 
in reduced airport revenues derived from landing fees. No comments were 
received concerning this issue.

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 a 
regulatory flexibility analysis is not necessary.

International Trade Impact Assessment

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

Federalism Implications

    The amendment set forth herein will 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 will not have federalism implications warranting the 
preparation of a Federalism Assessment.

Paperwork Reduction Act

    This amendment 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 
provisions of subpart S through August 31, 1995. OMB Approval Number 
2120-0524 has been assigned to subpart S.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Analysis, the FAA has determined that this 
regulation is not significant under Executive Order 12286. In addition, 
the FAA certifies that this regulation will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act. This 
regulation is not considered a significant rule under Department of 
Transportation Regulatory Policies and Procedures (44 FR 11034; 
February 26, 1979). A final regulatory evaluation of the regulation, 
including a final Regulatory Flexibility Determination and 
International Trade Impact Analysis, has been placed in the docket. A 
copy may be obtained by contacting the person identified under FOR 
FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR part 93

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

The Amendment

    Accordingly, pursuant to the authority delegated to me the FAA 
amends 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
* * * * *
    (l) 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 the first 
Saturday in January.
* * * * *
    Issued in Washington, DC on November 9, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-28303 Filed 11-10-94; 2:01 pm]
BILLING CODE 4910-13-M