[Federal Register Volume 67, Number 44 (Wednesday, March 6, 2002)]
[Notices]
[Pages 10249-10250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5338]


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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:  Notice of waiver of the slot usage requirement.

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SUMMARY:  This action modifies and extends until October 26, 2002, the 
waiver of the minimum slot usage requirement for slots and slot 
exemptions at the four high density traffic airports that is scheduled 
to expire on April 6, 2002 (66 FR 51718; October 10, 2001). A 
continuation of this waiver in some form is necessary to assist 
carriers in resuming service that was disrupted and/or reduced in 
September 2001.

EFFECTIVE DATE:  April 7, 2002.

FOR FURTHER INFORMATION CONTACT:  Lorelei Peter, Office of the Chief 
Counsel, AGC-220, Federal Aviation Administration, 800 Independence 
Avenue, SW., 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 reduced flight schedules below previously planned levels in 
order to adjust to operational changes brought on by the new security 
requirements. Therefore, the agency issued a waiver of the slot usage 
requirement through April 6, 2002, to assist carriers in managing their 
operations at the high density traffic airports as a result of the 
recent extraordinary events.

Statement of Policy

    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 93.277(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 FAA determined 
that the facts described above met the criteria for a waiver under 
Section 93.227(j). That waiver is applicable from September 11, 2001, 
through April 6, 2002.
    Currently, operations at the high-density airports are below the 
number of allocated slots and slot exemptions. At Chicago O'Hare 
International Airport, traffic is down 10 percent compared to the same 
winter months from 2001. Also, the slot limits will be eliminated at 
that airport on July 1, 2002. At John F. Kennedy International Airport 
and LaGuardia Airport, traffic is down respectively 17 and 14 percent 
compared to winter 2001. Additional flights at these three airports are 
expected to commence during the summer scheduling season. At 
Washington's Reagan National Airport (DCA), the Department of 
Transportation is phasing in additional flights and effective March 1, 
2002, has authorized approximately 77 percent of pre-September 11 
scheduled flights.
    The FAA finds that since September 11, there are a number of 
additional factors involved in an individual airline's decision to 
operate flights at the high-density traffic airports, as well as at 
other airports. These factors include new security requirements, 
aircraft utilization plans, passenger demand, and other operational 
issues that may temporarily preclude the full use of slots while the 
air traffic system and the aviation industry adjust to the changing 
aviation environment. Operations at these airports, excluding DCA, are 
continually increasing towards the pre-September 11 levels. As carriers 
are planning and scheduling future schedules, the FAA will allow 
carriers to continue implementation of service as intended. At this 
time, the agency does not want slot usage to become entangled with the 
deciding factors specified above or the economics of resuming or 
commencing certain service. As evidenced by the level of operations at 
these airports, excluding DCA, we anticipate that carriers are 
scheduling accordingly and that there will be close to full resumption 
of service over the summer months. In order to assist carriers during 
this adjustment period, the FAA will continue to waive the minimum slot 
usage requirement set forth in 14 CFR section 93.227(a) for all slots 
and slot

[[Page 10250]]

exemptions at the high density traffic airports through October 26, 
2002, with the following condition.
    At the time that the FAA imposed this waiver, carriers were 
operating significantly reduced schedules and there was uncertainty as 
to when and how much service would increase over the next several 
months. Consequently, broad relief was necessary and the FAA issued a 
blanket waiver for all slots and slot exemptions until April 7, 2002. 
Today, the environment has changed and carriers are planning for more 
operations over the summer. Therefore, the waiver for slot usage at the 
four High Density Traffic Airports is revised by requiring carriers to 
return temporarily to the FAA in advance any slot or slot exemption 
that will not be used by a carrier for any specified period of time. 
Thus, if a carrier has not scheduled a slot or slot exemption for 80 
percent usage, then the carrier must return the slot for the portion of 
time that it will not be using the slot, i.e., for the entire summer 
season, or for two weeks or certain frequencies, etc., or the use or 
lose requirement will be applied. Any carrier that chooses to 
temporarily return slots or slot exemptions to the FAA between now and 
October 26, 2002, may do so without jeopardizing the permanent loss of 
the slots or slot exemptions.
    Although many carriers have not resumed their pre-September 11 
planned system schedules, there may be some carriers seeking to add 
service or make changes to scheduled flight times that affect their 
slot holdings at an airport. While we advise carriers to work 
cooperatively with other airlines in order to maximize the use of 
available slots, the FAA may use temporarily returned slots or slot 
exemptions to accommodate short-term requests for additional slots or 
schedule adjustments. 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.

    Issued in Washington, DC, on February 28, 2002.
David G. Leitch,
Chief Counsel.
[FR Doc. 02-5338 Filed 3-5-02; 8:45 am]
BILLING CODE 4910-13-M