[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Pages 10931-10932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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 action extends and modifies the temporary policy issued 
on November 11, 2000, regarding the minimum slot usage requirement for 
slots and slot exemptions at LaGuardia Airport for the winter season. 
This policy is extended through September 14, 2001. This extension 
coincides with the effective period of the AIR-21 slot exemption 
allocation as a result of the lottery held on December 4, 2000. Also, 
the FAA amends the policy to permit the temporary turn-in of AIR-21 
slot exemptions for weekend frequencies only. The extension of this 
policy will continue to assist carriers in addressing operational 
issues at LaGuardia Airport during this period by allowing limited 
flexibility of the slot usage requirement.

EFFECTIVE DATES: Effective May 1, 2001.

FOR FURTHER INFORMATION CONTACT: Lorelei D. Peter, Office of the Chief 
Counsel, AGC-230, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone number 202-267-3073.

SUPPLEMENTARY INFORMATION

Background

    On November 17, 2000, the FAA published in the Federal Register a 
statement of policy addressing the slot usage requirement at LaGuardia 
Airport given the current operating environment (65 FR 69601). This 
policy was necessary to address the level of delay that aircraft 
operating at LaGuardia were experiencing as a result of the increased 
number of operations pursuant to the ``Wendell H. Ford Aviation 
Investment and Reform Act of the 21st Century'' (``AIR 21''), enacted 
on April 5, 2000. As a result of AIR-21, air carriers meeting specified 
criteria could obtain new slot exemptions at New York's LaGuardia 
Airport (LaGuardia) and John F. Kennedy International Airport (JFK), 
Chicago's O'Hare International Airport (O'Hare) and Washington DC's 
Ronald Reagan Washington National Airport (National). Subsequent to 
this legislation, the Department of Transportation (Department) issued 
eight orders establishing procedures for the processing of various 
applications. The policy statement addressed all operations at 
LaGuardia, including those authorized under Order 2000-4-11 (La 
Guardia--Exemptions for air service to small and nonhub airports--
limited to aircraft with a seating capacity of less than 71) and Order 
2000-4-10 (LaGuardia--Exemptions for new entrant and limited incumbent 
air carriers).
    As a result of the operational environment at LaGuardia, the FAA 
conducted a lottery of AIR-21 slot exemptions on December 4, 2000. 
Through this lottery, the FAA reallocated 159 exemption slots among the 
13 participating carriers. (This is an increase of approximately 15 
percent over pre-AIR-21 operations.) The slot exemptions reallocated by 
the lottery will remain in effect until September 15, 2001, when a 
permanent demand

[[Page 10932]]

management policy for the airport will be developed with the 
participation of all interested parties and can be implemented. 
Consequently, the FAA believes that an extension to September 15, 2001, 
of the current usage policy at LaGuardia is warranted. The agency 
amends the current policy by permitting the temporary turn-in of AIR-21 
exemption slots for weekend frequencies only. The FAA believes that the 
reduction in operations at the airport as a result of the lottery will 
reduce the level of delays experienced by all operators. An extension 
of this policy will continue to allow carriers to realistically 
schedule their operations through this temporary allocation period.

Statement of Policy

    As a result of the additional operations and the impact on the 
operating environment at LaGuardia, the FAA extends the temporary 
policy concerning the slot usage requirement for operations at 
LaGuardia until September 15, 2001.
    The FAA will permit carriers operating slots at LaGuardia to 
temporarily return to the FAA slots issued under the authority of 14 
CFR part 93. The FAA modifies the current policy to permit the 
temporary turn-in of AIR-21 slot exemptions for weekend frequencies 
only. The agency believes that the reduction in operations as a result 
of the lottery supports this modification to the current policy. 
Carriers that plan to return slots or weekend slot exemptions must 
notify the FAA Slot Administration Office in advance and provide the 
slot withdrawal number, frequency and effective period of the return. 
Slots and slot exemptions returned to the FAA under this policy will 
not be allocated to any other carrier during the effective period and 
will revert automatically to the operator at the expiration of the 
period for which it was returned. Carriers must contact the FAA Slot 
Administration Office concerning the date and frequency of restart-up 
should dates change. A carrier returning weekend slot exemptions under 
this policy will not need to recertify under Order 2000-4-10 and Order 
2000-4-11 provided that all other certified conditions remain valid.
    The FAA will treat a slot or slot exemption as used if the flight 
was scheduled but canceled for operational reasons and the slot would 
not otherwise have been subject to withdrawal. In the use or lose 
reports submitted to the FAA, carriers should indicate that flight was 
scheduled and, if appropriate, was canceled due to operational reasons. 
Carriers may report a slot or slot exemption as operated only if the 
flight was in fact operated. The FAA advises carriers to retain records 
of such cancellations should the FAA request additional documentation 
regarding the reason for the cancellation.
    This temporary policy on nonoperation or return of slots and 
weekend slot exemptions does not apply to the use or lose provisions 
for slots at other high density traffic airports unless the operator 
can provide clear and convincing evidence that a flight cancellation at 
that airport was directly related to the non-operation of a slot at 
LaGuardia, as described in the policy statement. This policy is not 
intended to provide blanket relief to any slot operator not meeting the 
minimum usage requirement due to reasons other than those discussed 
previously. It is also not intended to establish a basis for the FAA to 
routinely consider delays and traffic management programs as grounds 
for a usage waiver. Any waiver of the slot usage requirement at other 
high density airports for non-operation of flights at LaGuardia not 
covered by this policy will continue to be processed in accordance with 
14 CFR 93.227.

    Issued in Washington, DC, on February 14, 2001.
James W. Whitlow,
Deputy Chief Counsel.
[FR Doc. 01-4139 Filed 2-16-01; 8:45 am]
BILLING CODE 4910-13-M