High Density Airports; Slot Use and Loss Requirements

SUMMARY: This document proposes to amend the Federal Aviation

Regulations pertaining to the slot use and loss provisions for air

carrier and commuter operator slots (i.e., instrument flight rules

takeoff and landing reservations) at Kennedy International Airport,

LaGuardia Airport, O'Hare International Airport, and Washington

National Airport. This proposal would codify the agency's historical

practice of treating as used, any slot held but not actually operated

on Thanksgiving Day, the Friday following Thanksgiving Day, and the

period from December 24 through January 2. The proposed revision would

permit carriers and commuters to choose which flights to operate at any

of the High Density Rule airports during certain days of the winter

holiday season without jeopardizing the status of the slots under the

``use of lose'' requirement.

DATES: Comments must be received on or before September 26, 1994.

ADDRESSES: Comments on this regulation may be mailed in triplicate to:

Federal Aviation Administration, Office of the Chief Counsel, Rules

Docket (AGC-10), Docket No. 27834, 800 Independence Avenue SW.,

Washington, DC 20591.

Or delivered in triplicate to: Federal Aviation Administration,

Rules Docket, room 915, 800 Independence Avenue SW., Washington, DC

20591.

Comments may be examined in the Rules Docket weekdays, except

Federal holidays, between 8:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT:

Patricia R. Lane, Office of the Chief Counsel, AGC-230, Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC

20591; telephone (202) 267-3491.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the proposal by

submitting such written data, views, or arguments as they may desire.

Comments that provide the factual basis supporting the views and

suggestions presented are particularly helpful in developing reasoned

decisions on the proposals. Comments are specifically invited on the

overall economic, energy, environmental, reporting, and recordkeeping

aspects of the proposals. Communications should identify the docket

number and be submitted in triplicate to the address above. Commenters

wishing the FAA to acknowledge receipt of their comments on this notice

must submit with those comments a self-addressed, stamped postcard on

which the following statement is made: ``Comments to Docket No.

27834.'' Communications received on or before the specified closing

date for comments will be considered before taking any further action

on the proposals. The proposals contained in this notice may be changed

in light of comments received. All comments submitted will be available

for examination in the docket both before and after the closing date

for comments. A report summarizing each substantive public contact with

FAA personnel concerned with this proposal will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this NPRM by submitting a request

to the Federal Aviation Administration, Office of Public Affairs,

Attention: Public Inquiry Center, APA-430, 800 Independence Avenue SW.,

Washington, DC 20591, or by calling (202) 267-3484. Communications must

identify the docket number of this NPRM. Persons interested in being

placed on a mailing list for future notices should also request a copy

of Advisory Circular No. 11-2A, ``Notice of Proposed Rulemaking

Distribution System,'' which describes the application procedures.

Background

The High Density Traffic Airport Rule, or ``High Density Rule,'' 14

CFR part 93, subpart K, was promulgated in 1969 to reduce delays at

five congested airports: JFK International, LaGuardia, O'Hare

International, Washington National, and Newark International (33 FR

17896; December 3, 1968). The regulation limits the number of IFR

operations at each airport, by hour or half hour (by half hour at

O'Hare), during certain hours of the day. It provides for the

allocation to carriers of operational authority, or a ``slot'' for each

instrument flight rule (IFR) landing or takeoff during a specific 30-

or 60-minute period. The restrictions were lifted at Newark in the

early 1970's.

The proposed amendment would exempt certain holidays from being

included in the bimonthly calculations for slot use. Traditionally, air

carriers and commuters reduce their scheduled operations on the

following holidays: Thanksgiving Day, the Friday following

Thanksgiving, Christmas Day, and New Year's Day. Since December 1986,

commuter slot-operators have been allowed to temporarily discontinue

use of slots for Thanksgiving Day, the Friday following Thanksgiving

Day, and the period from December 24 through the first Saturday in

January of the new year. This policy was extended to air carrier

operators for the 1993 holiday season. There is no reason to expect

this agency's historical practice to change and it should be expressly

codified in the regulations.

This proposed change in the rule would not result in any additional

flights or capacity at the four High Density Traffic Airports. This

proposal also would be in the public interest because it would permit

air carriers and commuters to choose which flights to operate during

the winter holiday season without jeopardizing the status of the slots

under the ``use or lose'' requirement.

Regulatory Evaluation

The FAA has determined that this rulemaking is not a ``significant

regulatory action,'' as defined by Executive Order 12866 (Regulatory

Planning and Review). The anticipated costs and benefits associated

with this proposed rule to amend part 93 of the Federal Aviation

Regulations (FAR) are shown below.

Benefits

The proposal would permit the non-operation of certain flights by

carriers and commuters operating at any of the High Density Rule

airports during certain days of the winter holiday season. But the air

carrier could still count those flights toward its slot usage

requirement. It would permit an air carrier that could not cover its

variable operating costs to not operate those flights and to still meet

the slot usage requirements for those particular days. The potential

benefits would be primarily cost savings to the airlines.

Costs

The proposed rule would not result in any added costs to the

affected air carriers. Fewer landings at the airports affected by this

rulemaking could result in reduced airport revenues derived from

landing fees. The FAA seeks comments on this issue.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) ensures that small

entities are not unnecessarily and disproportionately burdened by

Government regulations. The RFA requires agencies to review rules that

may have a significant economic impact on a substantial number of small

entities. The FAA estimates that no small entity would incur

incremental compliance costs. Therefore, the FAA has determined that a

regulatory flexibility analysis is not necessary.

International Trade Impact Assessment

The proposed rule would neither have an effect on the sale of

foreign aviation products or services in the United States, nor would

it have an effect on the sale of U.S. products or services in foreign

countries. This is because the proposed rule would neither impose costs

on aircraft operators nor on U.S. or foreign aircraft manufacturers.

Paperwork Reduction Act

This proposal, if adopted, provides for no changes to the required

reporting of information by air carrier and commuter operators to the

FAA. Under the requirements of the Federal Paperwork Reduction Act, the

Office of Management and Budget has approved the information collection

provision of subpart S through August 31, 1995. OMB Approval Number

2120-0524 has been assigned to subpart S.

Federalism Implications

The proposals set forth herein would not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

regulation, if adopted, would not have federalism implications

warranting the preparation of a Federalism Assessment.

Conclusion

For the reasons set forth above, the FAA has determined that this

proposal (1) Would not be a ``significant regulatory action'' under

Executive Order 12866; and (2) is not a ``significant rule'' under

Department of Transportation Regulatory Policies and Procedures (44 FR

11034; February 26, 1979). Further, I certify that under the criteria

of the Regulatory Flexibility Act, this proposal would not have a

significant economic impact on a substantial number of small entities.

List of Subjects in 14 CFR Part 93

Air traffic control, Airports, Navigation (air), Reporting and

recordkeeping requirements.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, I propose

to amend Part 93 of the Federal Aviation Regulations (14 CFR Part 93)

as follows:

PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS

1. The authority citation for Part 93 continues to read as follows:

Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a),

1424, 2451 et seq.; 49 U.S.C. 106(g).

2. In Sec. 93.227, paragraph (a) is revised and a new paragraph (l)

is added to read as follows:

Sec. 93.227 Slot use and loss.

(a) Except as provided in paragraphs (b), (c), (d), (g), and (l) of

this section, any slot not utilized 80 percent of the time over a 2-

month period shall be recalled by the FAA.

* * * * *

(1) The FAA will treat as used any slot held by a carrier at a High

Density Traffic Airport on Thanksgiving Day, the Friday following

Thanksgiving Day, and the period from December 24 through January 2.

* * * * *

Issued in Washington, DC on July 19, 1994.

David J. Hurley,

Director, Office of Air Traffic System Management.

[FR Doc. 94-18179 Filed 7-27-94; 8:45 am]

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