[Federal Register Volume 68, Number 78 (Wednesday, April 23, 2003)]
[Notices]
[Pages 20040-20041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10032]


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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 announces a waiver of the minimum slot usage 
requirement for slots and slot exemptions at the three high density 
traffic airports for the period March 19, 2003 through October 25, 
2003.

EFFECTIVE DATE: April 18, 2003.

FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Operations and Air 
Traffic Law Branch, Regulations Division, Office of the Chief Counsel, 
AGC-220, Federal Aviation Administration, 800 Independence Avenues, 
SW., Washington, DC 20591; telephone number 202-267-3134.

SUPPLEMENTARY INFORMATION:

Background

    The High Density Traffic Airports Rule, or ``High Density rule,'' 
14 CFR part 93, subpart K, was promulgated in 1968 to reduce delays at 
five congested airports: John F. Kennedy International Airport (JFK), 
LaGuardia, O'Hare International Airport (O'Hare), Ronald Reagan 
Washington National airport (Reagan National) and Newark International 
Airport (33 FR 17896; December 3, 1968). The regulation limits the 
number of instrument flight rule (IFR) operations at each airport, 
during certain hours of the day. It provides for the allocation to 
carriers of operational authority, in the form of a ``slot,'' for each 
IFR takeoff or landing during a specific 30- or 60-minute period. The 
restrictions at Newark were lifted in the early 1970s. The restrictions 
at O'Hare were lifted in 2002.

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 93.227(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.
    Over the last several weeks, the FAA has received inquiries from 
several domestic and foreign carriers concerning applicability of the 
slot usage requirements in view of the military action in Iraq and its 
impact on the airline industry. By letter dated March 28, 2003, the Air 
Transport Association of America (ATA) requested that the FAA waive the 
minimum slot usage requirements for the period March 19, 2003 through 
December 31, 2003. Midway Airlines endorsed this request. A number of 
countries with slot controlled airports have suspended their respective 
usage requirements for part or all of the period from mid-March through 
the end of the summer scheduling season, October 2003.
    ATA and individual carriers state that many carriers have taken 
measures to adjust both domestic and international flight schedules in 
response to decrease passenger demand and increased operating costs. 
These measure include the suspension or cancellation of some flights, 
especially those in markets where a carrier operates multiple services, 
changes in frequency, changes to equipment type on certain routes, and 
relaxation of certain fare restrictions in order to stimulate passenger 
bookings. These changes were implemented by certain carriers on a 
system-wide basis and not limited to operations at the high density 
traffic airports. Many of these changes to date are on a month-to-month 
basis as an immediate reaction to conditions following the onset of the 
war in Iraq. It is likely, however, that carriers will need to continue 
to adjust capacity to meet demand over the next few months and this may 
preclude the full utilization of allocated slots and slot exemptions 
for a number of carriers.
    The FAA finds that the current operating conditions described above 
meet the criteria for granting a waiver from the minimum slot usage 
requirement set forth in 14 CFR Section 93.227(a). The FAA will waive 
the minimum usage requirement for all slots and slot exemptions at the 
high density traffic airports for the period of March 19, 2003 through 
April 30, 2003. This covers the initial period following the beginning 
of the military action in Iraq when many carriers cancelled or adjusted 
flights. Carriers are not required to provide the FAA with advance 
notice of underutilized slots or slot exemption during that period.
    In addition, the FAA will waive the minimum usage requirement for 
all slots and slot exemptions for the period of May 1, 2003 through 
October 25, 2003, provided that the carrier temporarily returns to the 
FAA any slot or slot exemption that will not be used by the carrier. 
Thus, if a carrier has not scheduled a slot or slot exemption for at 
least 80 percent usage, then the carrier must return the slot in 
advance for the portion of time that it will not be using the slot, 
i.e. for entire summer season, or for two weeks, or for certain 
frequencies, etc. or the usage requirement will apply. Any carrier that 
chooses to temporarily return slots or slot exemptions to the FAA 
between now and October 25, 2003, may do so without jeopardizing the 
permanent loss of the slots or slot exemptions.
    In the bi-monthly slot usage reports required by 14 CFR 93.227(i), 
slot holders/operators should indicate whether a flight was scheduled 
to operate in an allocated slot or slot exemption and indicate the 
flight actually operated. Any slots or slot exemptions covered by his 
waiver should not be listed as flown unless a flight actually operated.
    There may be some carriers seeking to add service or make changes 
to scheduled flight times that affect their

[[Page 20041]]

slot holdings at an airport. Carriers are reminded that the slot 
transfer provisions may be used to transfer unused slots to other 
carriers and that slots may be returned to the FAA for temporary 
reallocation. We encourage carriers to use existing regulatory 
mechanisms rather than rely on this waiver. Slot exemptions cannot be 
sold, leased or otherwise transferred. If carriers determine that they 
will not use their slot exemptions, they are encouraged to return them 
to the FAA so that they may be reallocated to other eligible carriers. 
The FAA intends to use temporarily returned slots to accommodate short-
term requests for additional slots or schedule adjustments. In order to 
meet as many of those needs as possible, the FAA requests that carriers 
returning slots or slot exemptions under this waiver provide as much 
advance notice as practical.
    Also, the FAA notes that international slots are not subject to the 
same minimum slot usage requirements as domestic slots. The slot 
regulations provide that international slots must be returned to the 
FAA if they will not be used for more than a 2-week period. (See CFR 
93.217(3)). Historic allocation priority for subsequent scheduling 
seasons is granted based on actual operations. For the period of March 
19, 2003 through October 25, 2003, the FAA will treat as operated any 
international slot allocated during that period provided that it was 
either actually operated by the carrier or returned to the FAA for the 
period it will not be used. Carriers meeting these conditions will be 
granted historic status for the corresponding winter 2003 and summer 
2004 scheduling seasons.
    Lastly, the FAA will continue to monitor operations at the high 
density traffic airports during the period of this waiver. Carriers are 
advised to contact the FAA on an individual basis under the provisions 
of 14 CFR 93.227(j) if further relief is necessary beyond the duration 
of this policy.

    Issued in Washington, DC on April 18, 2003.
James W. Whitlow,
Deputy Chief Counsel.
[FR Doc. 03-10032 Filed 4-18-03; 12:39 pm]
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