Study of the High Density Rule

DEPARTMENT OF TRANSPORTATION

14 CFR Part 93

[Docket No. 27664]

Study of the High Density Rule

AGENCY: Federal Aviation Administration [FAA], DOT.

ACTION: Notice of study and request for comments.

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SUMMARY: On January 6, 1994, the Administration announced its Civil

Aviation Initiative to Promote a Strong Competitive Aviation Industry.

In it the Department of Transportation (DOT) noted that it had begun a

comprehensive examination of the High Density Traffic Airports Rule

(HDR) to assess its viability as an efficient air traffic and delay

management tool and to determine whether certain operating limitations

imposed by the rule could be eliminated or modified. The study is

expected to be completed by November 1994. This notice requests

comments from the public on the effectiveness and viability of the HDR

and any potential alternatives to the rule. If the results of the study

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: Comments must be received on or before May 27, 1994.

ADDRESSES: Send or deliver comments in triplicate to: Federal Aviation

Administration, Office of Chief Counsel, Attention: Rules Docket (AGC-

200), Docket No. 27664, 800 Independence Avenue, SW., Washington, DC

20591. Comments must be marked Docket No. 27664. Comments may be

examined in Room 915G weekdays between 8:30 am and 5 pm, except on

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Larry Barry, APO-220, Federal Aviation Administration, 800

Independence Avenue, SW., Washington, DC 20591, telephone no. 202-267-

3305.

SUPPLEMENTARY INFORMATION:

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, or 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 limits 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 ATC 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 Control

System Command Center.

The Study

The study now being conducted by the DOT will include: An

examination of the current air traffic environment at each of the four

high density airports (including, but not limited to, the economic,

environmental, competitive, and logistical aspects of the rule); the

projected air traffic environment; and the relationship of and

integration with the current HDR. The study will also examine the

process for allocating domestic and international slots, access for

small communities, and potential alternatives to the current regulatory

scheme at the HDR airports. 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, and, in the case of Washington National, would require a

statutory change.

Comments Invited

Interested parties are invited to participate in this study of the

HDR by submitting such written data, views, or arguments as they may

desire. Comments that provide a factual basis supporting views and

suggestions presented are particularly helpful in developing reasoned

alternatives or responses to the HDR. Comments are specifically invited

on the overall regulatory, economic, environmental, competitive, and

energy-related aspects of the HDR and of potential alternatives.

Communications should identify the docket number and be submitted in

triplicate to the address listed above. Comments should not be sent or

directed to any of the contractors that have been engaged by the FAA to

provide information for the study of the HDR.

All comments received on or before the closing date for comments

will be considered. All comments submitted will be available for

examination in the Rules Docket both before and after the closing date

for comments.

Signed in Washington on March 28, 1994.

Dale E. McDaniel,

Acting Assistant Administrator for Policy, Planning and International

Aviation.

[FR Doc. 94-7915 Filed 3-31-94; 8:45 am]

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