[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Page 7213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4384]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 93

[Docket No. 28473]


High Density Traffic Airports; Slot Allocation and Transfer 
Method

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Statement of policy.

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SUMMARY: This policy statement is necessary to address the impact of 
airport closings and slow-downs upon slot utilization requirements due 
to the severe winter storm that affected several High Density Rule 
Traffic airports during the period January 7 through January 12, 1996.

EFFECTIVE DATE: February 27, 1996.

FOR FURTHER INFORMATION CONTACT:
Patricia R. Lane, Manager, Air Traffic Rules and Airspace Law Branch, 
AGC-230, Regulations Division, Office of the Chief Counsel, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
3491.

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 1992, the FAA published in the Federal Register (57 
FR 37308), an amendment to the minimum slot usage requirement of 
Sec. 93.227(a) of the Federal Aviation Regulations (14 CFR 93.227(a)). 
This amendment increased the minimum slot usage percentage from 65 
percent to 80 percent, effective January 1, 1993. A slot that is not 
used or operated a minimum of 80 percent of the time within the 
bimonthly reporting period is subject to withdrawal by the FAA.
    From January 7 through 12, 1996, several airports, including three 
of the High Density Traffic airports, were forced to close or 
significantly slow down operations because of severe weather conditions 
along the east coast of the United States. Due to the airport closings 
and slow downs, many air carriers and commuters were unable to operate 
their slots. Many of the carriers have expressed concerns that they 
will not be able to reach the 80 percent minimum usage requirement due 
to their inability to operate their slots during those 6 days.
    Even though the 80 percent minimum usage requirement takes various 
adverse factors into account, such as occasional mechanical problems 
and bad weather, the blizzard that forced the closure and slow down of 
operations of the airports was an extraordinary weather system of great 
intensity and duration and should not be considered as a normal bad 
weather occurrence. The FAA has decided, based on the extreme adverse 
weather, that operators should not be penalized if they are unable to 
reach the 80 percent minimum usage requirement due to the 6-day airport 
closure/slow-down.
    This document announces FAA's policy that will allow slot holders 
and operators to report the slots as being used for all 6 days. In this 
way, no operator will be in jeopardy of losing a slot merely because 
the airport was closed or operations were significantly reduced.

Statement of Policy

    When an operator submits its bi-monthly use-or-lose report, it may 
designate any slot scheduled for operation at a High Density Traffic 
airport from January 7 through January 12, 1996, as operated. The FAA's 
Office of Chief Counsel, Slot Administration Office will verify that 
the submitted slot was scheduled, and the FAA will treat as used any 
slot that the holder-of-record or operator-of-record was schedule to 
operate over the specified 6 day period.

    Issued in Washington, DC on February 21, 1996.
Nicholas G. Garaufis,
Chief Counsel.
[FR Doc. 96-4384 Filed 2-26-96; 8:45 am]
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