The High Density Rule

SUMMARY: As part of the Clinton Administration's initiative to help

revitalize the airline industry, the Department of Transportation (the

Office of the Secretary and the FAA) is reviewing the 25 year old High

Density Traffic Airports Rule (HDR), a regulation that limits hourly

takeoffs and landings (slots) at the following airports: New York's

LaGuardia and Kennedy; Chicago's O'Hare; and Washington, D.C.'s

National. The review will be a thorough examination of the slot rule to

assess airline capacity, competition, fares, and service patterns at

the four airports. It will also evaluate the rule's economic,

operational and environmental impacts, including the way domestic and

international slots are allocated, and will consider alternative

traffic management techniques. On April 1, 1994, the FAA published a

request for comments to gather information on the effectiveness and

viability of the HDR and any potential alternatives to the rule (59 FR

15332; Docket No. 27664). The comment period closed on May 27, 1994,

and approximately 100 comments have been received. These public

meetings will report study progress and give the public another

opportunity to comment on the HDR. If the results of the review suggest

changes to the HDR, those changes would be proposed through the

regulatory process, pursuant to the Administrative Procedure Act.

Changes affecting the number of instrument flight rule takeoffs and

landings authorized for air carriers for Washington National Airport

would require a legislative change since they are imposed by statute.

DATES: The public meetings will be held as follows: Washington, DC--

Wednesday, October 19, 1994; New York--Friday, October 21, 1994;

Chicago--Thursday, November 17, 1994. The meetings will be held from 12

p.m.-4 p.m. and 6 p.m.-8 p.m. Persons not able to attend a meeting are

invited to provide written comments, which must be received on or

before November 23, 1994.

ADDRESSES: The exact locations of the public meetings will be published

in a separate Federal Register notice. Persons unable to attend the

meeting may mail their comments in triplicate to: Federal Aviation

Administration, Office of the Chief Counsel, Rules Docket (AGC-200),

Docket No. 27664, 800 Independence Avenue, SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:

Requests to present a statement at the meeting or questions regarding

the logistics of the meeting should be directed to Cindy Herman, Office

of Rulemaking, 800 Independence Avenue, SW., Washington, DC 20591;

telephone (202) 267-7627; fax (202) 267-5075.

Questions concerning the subject matter of the meeting should be

directed to Mr. Larry Barry, APO-220, Federal Aviation Administration,

800 Independence Avenue, SW., Washington, DC 20591, telephone (202)

267-3305.

SUPPLEMENTARY INFORMATION:

Participation at the Meeting

Requests from persons who wish to present oral statements at the

Washington, DC or New York public meetings should be received by the

FAA no later than October 3, 1994. Requests from persons who wish to

present oral statements at the Chicago public meeting should be

received by the FAA no later than November 1, 1994. Such request should

be submitted to Cindy Herman, as listed above in the section titled

``FOR FURTHER INFORMATION CONTACT'' and should include at which meeting

oral statements will be presented, a written summary of oral remarks to

be presented, and the estimate of time needed for the presentation.

Requests received after the date specified above will be scheduled if

there is time available during the meeting. Requests to present oral

statements may be made on the day of the public meetings during the

registration period, although time constraints may not permit the

accommodation of such requests. The DOT will prepare an agenda of

speakers that will be available at the meeting. The names of those

individuals whose requests to present oral statements are received

after the date specified above may not appear on the written agenda. To

accommodate as many speakers as possible, the amount of time allocated

to each speaker may be less than the amount of time requested.

Background

The HDR (14 CFR part 93, Subpart K) was adopted in 1969 as a

temporary measure to reduce delays at five congested airports: JFK

International, LaGuardia, Newark International, O'Hare International,

and Washington National. Total hourly limits on the number of

operations, or operating ``slots'', were imposed at each airport during

certain hours of the day. For each airport, the hourly total was

divided into three operator categories: air carrier, commuter

(originally air taxi), and ``other'', which consists primarily of

general aviation and charters. The limits were based on the Engineering

Performance Standards (EPS), which are a method for determining the

Instrument Flight Rules (IFR) operating capacity of an airport.

All limitations for Newark Airport were removed from the HDR in the

early 1970's. The limits were made permanent at the four other airports

in 1973, and have remained in effect in some form since 1969. Between

1981 and 1984, the HDR was superseded by the Interim Operations Plan

adopted in response to the air traffic controllers' strike (SFAR 44).

All SFAR 44 limitations were lifted, and the HDR limitations

reinstated, by the ``Interim Final Rule'' issued in March 1984 (49 FR

8237, March 6, 1984). At Washington National Airport, slots are further

limited by statute.

The hour and category limits in the HDR are enforced by a

regulatory requirement to have an Air Traffic Control reservation for a

takeoff or landing at a high density airport during restricted hours.

Air carrier and commuter reservations are considered slots, which are

continuing reservations at the same time each day. ``Other'' category

reservations are allocated on an ad hoc basis for individual

operations, using a first-come first-served reservation system.

Reservations are available up to 48 hours in advance of the time of

operation by calling a voice-activated computer system maintained by

the FAA Air Traffic System Command Center.

The Study

The review now being conducted by the DOT will include the specific

issues for public comment listed below. The requirements of each of the

four airports will be reviewed separately but each airport's relation

to the national air traffic system will be considered. Any changes to

the HDR will be subject to the separate process required by the

Administrative Procedure Act. In the case of Washington National, a

change to the HDR would also require a statutory change.

Specific Issues for Public Comment

There are several specific issues on which the DOT seeks comment at

the public meeting. These key issues are intended to help focus public

comments on areas which will be useful to the DOT in completing its

review of the HDR. The comments at the meetings need not be limited to

these issues, and the DOT invites comments on any other aspect of the

HDR.

(1) The economic, environmental, competitive, and operational

aspects of the HDR at the four airports.

(2) The projected air traffic environment

(3) The process for allocating domestic and international slots

(4) Access for small communities at HDR airports

(5) Potential alternatives to the current regulatory scheme at the

HDR airports

Meeting Procedures

The following procedures are established to facilitate the

meetings:

(1) There will be no admission fee or other charge to attend or to

participate in the meeting. The meeting will be open to all persons who

are scheduled to present statements or who register on the day of the

meeting (between 10:45 a.m. and 11:45 a.m.) subject to availability of

space in the meeting rooms. The meetings may adjourn early if scheduled

speakers complete their statements in less time than is scheduled for

the meetings.

(2) An individual, whether speaking in a personal or a

representative capacity on behalf of an organization, may be limited to

a 10-minute statement. If possible, we will notify the speaker if

additional time is available.

(3) The DOT will try to accommodate all speakers. If the available

time does not permit this, speakers generally will be scheduled on a

first-come-first-served basis. However, the DOT reserves the right to

exclude some speakers if necessary to present a balance of viewpoints

and issues.

(4) Sign and oral interpretation can be made available at the

meeting, as well as an assistive listening device, if requested 10

calendar days before the meeting.

(5) Representatives of the DOT will preside over the meeting. A

panel of DOT and FAA personnel involved in this issue will be present.

(6) The meeting will be recorded by a court reporter. A transcript

of the meeting and any material accepted by the DOT representatives

during the meeting will be included in the public docket. Any person

who is interested in purchasing a copy of the transcript should contact

the court reporter directly. Additional transcript purchase information

will be available at the meeting.

(7) The DOT will review and consider all material presented by

participants at the meeting. Position papers or material presenting

views or arguments related to the HDR may be accepted at the discretion

of the presiding officer and subsequently placed in the public docket.

The DOT requests that persons participating in the meeting provide five

copies of all materials to be presented for distribution to the DOT

representatives; other copies may be provided to the audience at the

discretion of the participant.

(8) Statements made by DOT representatives are intended to

facilitate discussion of the issues or to clarify issues. Any statement

made during the meeting by a DOT representative is not intended to be,

and should not be construed as, a position of the DOT.

(9) The meetings are designed to solicit public views and more

complete information on the HDR and issues discussed in this notice.

Therefore, the meeting will be conducted in an informal and non

adversarial manner. No individual will be subject to cross-examination

by any other participant; however, DOT representatives may ask

questions to clarify a statement and to ensure a complete and accurate

record.

(Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-

1430, 1472, 1485, and 1501; 49 U.S.C. 106(g)).

Issued in Washington, DC, on September 14, 1994.

Dale E. McDaniel,

Deputy Assistant Administrator for Policy, Planning & International

Aviation.

[FR Doc. 94-23258 Filed 9-19-94; 8:45 am]

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