[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Notices]
[Page 51718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25401]



[[Page 51718]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


High Density Traffic Airports; Slot Allocation and Transfer 
Method

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of waiver of the slot usage requirement.

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

SUMMARY: This action waives the minimum slot usage requirement for 
slots and slot exemptions at the four high density traffic airports. As 
a result of the recent terrorist attacks, the temporary cessation of 
air service nationwide, and the temporary reduction in air carrier 
flight schedules, a waiver is necessary to assist carriers in resuming 
service and planning future schedules. This waiver is effective through 
April 6, 2002, which is the end of the winter scheduling season.

EFFECTIVE DATE: September 11, 2001.

FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Office of the Chief 
Counsel, AGC-220, Federal Aviation Administration, 800 Independence 
Avenue, S.W., Washington, DC 20591; telephone number 202-267-3073.

SUPPLEMENTARY INFORMATION:

Background

    Following the aircraft hijackings and terrorist attacks on 
September 11, 2001, the FAA temporarily ceased all non-military flights 
in the United States and required the adoption of certain security 
measures prior to the resumption of commercial air service. Several air 
carriers have reduced flight schedules below previously planned levels 
in order to adjust to operational changes brought on by the new 
security requirements. Therefore, the agency finds it necessary to take 
action to assist carriers in managing their operations at the high 
density traffic airports as a result of the recent extraordinary 
events.

Waiver of the Slot Usage Requirement

    The regulations governing slots and slot allocation provide that 
any slot not utilized at least 80 percent of the time over a 2-month 
period shall be recalled by the FAA (14 CFR 93.227(a)). Additionally, 
paragraph (j) of that section provides that the Chief Counsel may waive 
the slot usage requirement in the event of a highly unusual and 
unpredictable condition that is beyond the control of the slot holder 
and exists for more than nine days (14 CFR 93.227(j)). These two 
provisions are also applicable to slot exemptions.
    The facts described above meet the criteria for a waiver under 
Section 93.227(j). Therefore, the FAA is waiving the minimum slot usage 
requirement in 14 CFR Section 93.227(a) for all slots and slot 
exemptions at the four high density traffic airports through April 6, 
2002, which is the end of the winter scheduling season. Furthermore, 
the FAA advises that any carrier that chooses temporarily to return 
slots or slot exemptions to the FAA between now and April 6, 2002 may 
do so without jeopardizing the carrier's holding of the slots or slot 
exemptions.
    For the purpose of determining slot usage, the FAA will treat 
allocated slots or slot exemptions as having been used whether or not a 
flight was actually operated using the slot or slot exemption during 
this period. This waver applies retroactively beginning on September 
11, 2001, for the September-October reporting period, provided that the 
slot or slot exemption was not already subject to withdrawal for non-
use. This waiver will remain in effect through April 6, 2002. Slot use 
or lose information for each slot or slot exemption must be filed with 
the FAA unless the slot or slot exemption has been returned for the 
entire reporting period. Carriers should report as used only those 
slots or slot exemptions that were actually operated during the 
reporting period.
    Although many carriers have reduced service or are planning 
temporary flight reductions throughout the system, including at the 
high density airports, some may be planning slight increases or changes 
to scheduled flight times that impact their slot holdings at an 
airport. Carriers are strongly encouraged to work cooperatively with 
other airlines in order to maximize the use of available slots for any 
carrier desiring to initiate new or rescheduled service. The FAA will 
work with carriers to the maximum extent practical to facilitate 
schedule adjustments during this interim period.
    The FAA will continue to monitor any developments that may impact 
airlines' ability to meet the minimum usage requirements at any of the 
high density traffic airports. This waiver supersedes the agency's 
policy statement issued on September 13, 2001, and published in the 
Federal Register on September 18, 2001 (66 FR 48157), which addressed 
slot usage at LaGuardia Airport.

    Issued in Washington, DC on October 4, 2001.
David G. Leitch,
Chief Counsel.
[FR Doc. 01-25401 Filed 10-4-01; 3:23 pm]
BILLING CODE 4910-13-M