[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 41037-41038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17254]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


High Density Airports; Notice of Reagan National Airport Lottery 
Allocation Procedures

AGENCY: Federal Aviation Administration.

ACTION: Notice of lottery and allocation procedures for slots at 
Washington Reagan National Airport.

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SUMMARY: This notice announces a lottery for the allocation of limited 
air carrier and commuter slots in accordance with Title 14 of the Code 
of Federal Regulations Sec.  93.225, Lottery of available slots.

DATES: July 9, 2003.

date/location of lottery: The lottery will be held in the Federal 
Aviation Administration (FAA) Auditorium, 3rd floor, 800 Independence 
Avenue, SW., Washington, DC 20591 on July 31, 2003, beginning at 12:30 
p.m. Carriers that wish to participate in the lottery must notify, in 
writing, the FAA Slot Administration Office, Attention: AGC-220, 800 
Independence Avenue, SW., Washington, DC 20591 or by facsimile to 202-
267-7277. Notification must be received no later than 5 p.m. EDT on 
July 16, 2003.

FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Operations and Air 
Traffic Law Branch, Regulations Division, Office of the Chief Counsel, 
Federal Aviation Administration, 800 Independence Avenue, 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 July 2002.
    The allocation of permanent slots, not required for Essential Air 
Service, during peak hours is made in accordance with the lottery 
provisions in 14 CFR 93.225. The FAA will follow the procedures set 
forth in 14 CFR 93.225 for this lottery. Title 49 of the United States 
Code (U.S.C.) 41714 (h)(5)(A) amends the definition of a limited 
incumbent carrier, as set forth in 14 CFR 93.213(a)(5), from a carrier 
with fewer than 12 slots to a carrier with fewer than 20 slots. For the 
purposes of this subpart and the lottery, the definition of a limited 
incumbent carrier, as amended above, includes slots and slot exemptions 
issued by the Department of Transportation under 49 U.S.C. 41714 et 
seq. The slots to be reallocated by this lottery do not represent new 
airport capacity and are slots that have previously been allocated to 
carriers but voluntarily returned to the FAA, withdrawn by the FAA for 
nonuse under the provisions of 14 CFR 93.227, or allocated on a 
temporary basis and recalled by the FAA for permanent allocation by 
lottery. A total of nine daily commuter slots in the 2100 hour and six 
daily air carrier slots in the 2100 hour are currently available for 
allocation by this lottery. A final list of slots available for 
selection will be announced at the lottery before eligible carriers 
make any selections.
    The FAA notes that two additional 2100 hour air carrier slots 
remain allocated to Midwest Airlines (formerly Midwest Express) on a 
temporary basis and will not be included in this lottery. In Order No. 
99-11-4, the Office of the Secretary of Transportation granted Midwest 
an exemption under the authority of 49 U.S.C. 41714(d) to utilize those 
2100 hour slots for a mid-day Milwaukee roundtrip in the 1400 and 1500 
hours. Unlike the other carriers for which temporarily allocated slots 
in the 2100 hour have been withdrawn for permanent allocation by this 
lottery, Midwest would be uniquely disadvantaged if its two temporarily 
allocated slots were withdrawn. Other carriers are operating these 
slots in the later portion of the 2100 hour and could move their 
operation to the 2200 hour where there are slots available for 
permanent allocation (pursuant to 14 CFR 93.226(a)(3)), which would not 
significantly alter their DCA operations or necessarily force a 
reduction in service. Midwest, alternatively, has retimed these slots 
to early time periods during the day, which precludes simply adjusting 
the timing of these operations and could in fact result in the 
cancellation of this service. Also, Midwest is a limited incumbent 
carrier at the airport, which specifically is a class of carrier for 
which the provisions of the lottery were intended to benefit. 
Consequently, we find that these special circumstances warrant not 
withdrawing the two temporarily allocated slots in the 2100 hour from 
Midwest at this time.
    The FAA has notified the carriers that currently have temporarily 
allocated weekday slots at DCA that they must return the slots to the 
FAA by September 30, 2003. This means that some of the slots included 
in the lottery are currently temporarily allocated and may not be 
available until after that date. However, some slots are available for 
allocation immediately following the lottery and carriers may return 
other slots prior to September 30. The FAA will work to accommodate 
carriers that want to start service with available slots before October 
1.


[[Page 41038]]


    Issued on July 1, 2003 in Washington, DC.
Andrew S. Steinberg,
Chief Counsel.
[FR Doc. 03-17254 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-13-M