High Density Airports; Slot Use and Loss Requirements

DEPARTMENT OF TRANSPORTATION

14 CFR Part 93

[Docket No. 27834; Amdt. No. 93-71]

High Density Airports; Slot Use and Loss Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Federal Aviation Regulations pertaining

to the slot use and loss provisions for air carrier and commuter

operator slots (i.e., instrument flight rules (IFR) takeoff and landing

reservations) at John F. Kennedy International Airport (JFK), LaGuardia

Airport, O'Hare International Airport (O'Hare), and Washington National

Airport. This action codifies 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 the first Saturday in January. The amendment

will 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 or lose'' requirement.

EFFECTIVE DATE: November 15, 1994.

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 number (202) 267-3491.

SUPPLEMENTARY INFORMATION:

Availability of Document

Any person may obtain a copy of this document by submitting a

request to the Federal Aviation Administration, Office of Public

Affairs, Attention: Public Inquiry Center, APA-200, 800 Independence

Avenue SW., Washington, DC 20591; or by calling (202) 267-3484.

Communications must identify the amendment or docket number.

Background

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

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

five congested airports: JFK, LaGuardia, O'Hare, 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, during certain hours of the day. It provides for the

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

each IFR landing or takeoff during a specific 30- or 60-minute period.

The restrictions were lifted at Newark in the early 1970's.

On July 28, 1994, the FAA published a Notice of Proposed Rulemaking

proposing to exempt certain holidays from being included in the

bimonthly calculations for slot use (59 FR 38508). Traditionally, air

carriers and commuters reduce their scheduled operations on the

following holidays: Thanksgiving Day, the Friday following Thanksgiving

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

slot operators have been allowed to discontinue temporarily the 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.

Discussion of Comments

The comment period closed on September 26, 1994, with six comments

filed. Comments were filed by two associations, three air carriers, and

the Port Authority of New York and New Jersey (PONYNJ).

The Regional Airline Association (RAA), USAir Shuttle, and the

PONYNJ fully support the amendment as proposed. The Airline Transport

Association (ATA) supported the proposal, but recommended a

modification. ATA requested that the time period for waiving the ``use-

or-lose'' provisions be extended from the proposed date of January 2 to

the first Saturday in January. ATA supported its recommendation by

stating that certain travel patterns at holidays relate more directly

to weekends than they do to specific calendar dates, particularly

return travel dates. ATA stated that if January 2 falls on a Thursday,

typically travelers will seek to incorporate the adjoining weekend

period into their holiday vacation schedules. ATA argued that as a

result of the above, travel demand on the Friday and Saturday will

continue to ``reflect dramatically reduced'' levels. ATA contended that

without extending the waiver period through the first weekend in

January, the problem of forced inefficient operations will continue to

exist 5 years out of every 7 years. USAir and American Airlines

supported the proposed amendment with the incorporation of ATA's

modification.

ATA, USAir, and American Airlines also raised several other issues,

such as adoption of a 5-day (Monday-Friday) 80 percent ``use-or-lose''

rule, and the return of weekend slots to air carriers that had

previously returned the weekend slots to the FAA because of the 80%

``use-or-lose'' requirement. These issues are beyond the scope of this

rulemaking and are more appropriately addressed in Docket No. 27664,

which includes a comprehensive review of the HDR. We have included a

copy of ATA's, USAir's, and American Airline's comments in that Docket

for further consideration.

The FAA finds persuasive ATA's argument to extend to the first

Saturday in January the period for which the ``use-or-lose''

requirement is waived. The FAA agrees that the potential for travelers

to include the adjoining weekend into holiday travel plans is great,

and this potential increases the closer the holiday falls to the

weekend. Therefore, the FAA has modified the original proposal to

extend the affected time period from December 24 through the first

Saturday in January.

The FAA has determined that this amendment will not result in any

additional flights or capacity at the four High Density Traffic

Airports. This amendment is in the public interest because it will

permit air carrier and commuter operators to choose which flights to

operate during the winter holiday season with out jeopardizing the

status of the slots under the ``use or lose'' requirement.

Good Cause Justification for Effective Date Less Than 30 Days After

Publication

This amendment is being adopted less than 30 days after publication

because delay could have a significant economic impact on airlines

without increasing the level of safety. In this case, the regulation

affects flights on Thanksgiving Day, the Friday following Thanksgiving

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

January. Therefore, the FAA finds that good cause exists under

Sec. 553(d)(3) of the Administrative Procedure Act for the regulation

to be effective in less than 30 days.

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 costs and benefits associated with this

amendment to part 93 of the Federal Aviation Regulations (FAR) are

shown below.

Benefits

This amendment will permit air carrier and commuter operators to

not operate certain flights at any of the High Density Rule airports

during certain days of the winter holiday season but to still count

those flights toward their slot usage requirement. The benefits will be

primarily cost savings to the airlines.

Costs

This rule will not result in any added costs to the affected air

carriers. The FAA specifically requested comments on the issue that

fewer landings at the airports affected by this rulemaking could result

in reduced airport revenues derived from landing fees. No comments were

received concerning this issue.

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 a

regulatory flexibility analysis is not necessary.

International Trade Impact Assessment

The amendment will neither have an effect on the sale of foreign

aviation products or services in the United States, nor will it have an

effect on the sale of U.S. products or services in foreign countries.

This is because the amendment will neither impose costs on aircraft

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

Federalism Implications

The amendment set forth herein will 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 will not have federalism implications warranting the

preparation of a Federalism Assessment.

Paperwork Reduction Act

This amendment 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

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

2120-0524 has been assigned to subpart S.

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and the

International Trade Impact Analysis, the FAA has determined that this

regulation is not significant under Executive Order 12286. In addition,

the FAA certifies that this regulation will not have a significant

economic impact, positive or negative, on a substantial number of small

entities under the criteria of the Regulatory Flexibility Act. This

regulation is not considered a significant rule under Department of

Transportation Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979). A final regulatory evaluation of the regulation,

including a final Regulatory Flexibility Determination and

International Trade Impact Analysis, has been placed in the docket. A

copy may be obtained by contacting the person identified under FOR

FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR part 93

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

recordkeeping requirements.

The Amendment

Accordingly, pursuant to the authority delegated to me the FAA

amends 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

* * * * *

(l) 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 the first

Saturday in January.

* * * * *

Issued in Washington, DC on November 9, 1994.

David R. Hinson,

Administrator.

[FR Doc. 94-28303 Filed 11-10-94; 2:01 pm]

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