[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23258]
Federal Register / Vol. 59, No. 181 / Tuesday, September 20, 1994 /
[[Page Unknown]]
[Federal Register: September 20, 1994]
VOL. 59, NO. 181
Tuesday, September 20, 1994
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. 27664]
The High Density Rule
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting.
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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]
BILLING CODE 4910-13-M
