[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28303]
[[Page Unknown]]
[Federal Register: November 15, 1994]
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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]
BILLING CODE 4910-13-M
