March 4 , 2015

U.S. Department of Transportation Docket Operations, M

- 30 West Building Ground Floor, Rm. W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

- 0001

Attention: Docket No. FAA

- 2014

- 1073

Subject: Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport

Dear Molly, Susan, Peter, and Robert:

Airlines for America and the Internati onal Air Transport Association, request that the Federal Aviation Administration ("FAA") hold a public meeting to accept preliminary questions whose answers are necessary to provide effective comment s in response to the Slot Management and Transparency for LaGuardia Airport, John F. Kenn edy International Airport, and Newark Liberty International Airport Notice of Proposed Rulemaking ("NPRM") published on January 8, 2015.

We submit the attached list of clarifying questions developed by A4A members and request that FAA provide answers as soon as possible; key parts of public comments cannot be developed until we have answers to these questions. In addition, we urge the FAA to hold a public meeting so that other questions concerning the NPRM can be shared. Finally, we urge the FAA to exte nd the comment period an additional 60 days to provide time for FAA to develop answers, post the answers in the docket and for the public to use the answers to provide effective comments.

Sincerely,

Douglas Mullen Assistant General Counsel Airlines for America

Attachment1 

## A4A Clarifying Questions Slot s NPRM Docket FAA

- 2014

- 1073

The industry would appreciate clarification concerning the questions below, which is necessary no less than 21 days before the end of the comment period to enable a useful notice and comment process for this NPRM. As an initial matter, we would ask the FAA what its timeline is for a comment period extension decision. We appreciate the FAA taking into account, when making its extension decision, the time remaining in which we may consider and draft effective comments after receiving the FAA’s answers to these fundamental questions. Without them, we will be unable to provide meaningful input
on this NPRM.

Airport Capacity & Slot

- Constrained Hours

1. When does the FAA plan to update its analysis an d Initial Regulatory Evaluation based on more current ( 2014 or later) data, which, we believe, will result in a very different conclusion from the one based on 2008/2009 data?

2. How and on what basis would the FAA set future hourly slot caps and/or determine any slot
retirements?
3. Would the FAA please explain the difference between the “slot

- controlled hours” definition which includes the hours of 0600 through 2259 at JFK and EWR , which is longer than the day cap
hours at JFK and EWR which are between the hour s of 0600 and 2159? (see section 93.37(b))

Slot Allocation & Holdings

4. Can the FAA confirm that 93.39(a) applies in two ways: (1) it provides for the initial establishment of a carriers’ slot holdings based on current Orders; and (2) it is also the seasonal basis for establishing historical slot precedence moving forward?
5. Why is there an apparent difference in the allocation methodology under paragraph 93.41(g), and those under paragraph 93.41(f)? Shouldn’t the factors in paragraphs 93.41(f) and (g) be
comb ined and considered at the same time?
6. What does the FAA mean by “ Competitio n and impacts to markets served” in section 93.41(g)(2)?

7. Does section 93.41(j) require a new slot ID format that is different from the current 5 character slot ID format (which woul d drive system reprogramming costs) or will the existing 5

- digit alpha

numeric slot ID structure remain?
8. Please confirm the FAA will reinstate the slot status to both the slot holder and slot operator

, if the holder and operator are different under section 93.43(c).
9. The FAA uses the phrases “u nified inventory control ” (e.g. section 93.35(d)) and “common marketing control” (e.g. section 93.46) in the NPRM. D oes the FAA intend these terms to have the same meaning?

a. Why did the FAA include “ solely ” in the section 93.46 introductory language when most express carriers operate for several mainline carriers and may also operate some flights2 independently under no other carrier’s brand umbrella (e.g. SkyWest, ExpressJet, GoJet,

Trans States, etc ) ?
b. Does 93.46 ap ply if a carrier provides regional service f or one or more mainline carriers
, marketed solely under the mainline carriers’ codes, or provides regional service sold
under a mainline carriers code and
, separately publishes its own independently

marketed serv ice to the public by separately selling seats on its own flight s ( e .g. Great Lakes, Cape Air) ? Please clarify that the slots may be transferred between mainline carriers and the regional carriers providing service under their brand umbrellas, regardless o f whether those regional carriers also operate on any other carrier’s behalf.

Unscheduled Operations

10. Please share detailed analysis that justifies why the FAA is now restricting the number of unscheduled operations in 93.49 and sh ow how it arrive d at the proposed numbers?
11. Why is there a difference between the number of unscheduled ops at JFK and EWR when both
have an 81 per hour cap? (See section 93.49(b))

Flight Series & Usage Requirements

12. Regarding the “s cheduled series of flights ” concept, can the FAA please explain the apparent conflict between the “scheduled series of flights” definition (section 93.36) that preclude s changing a slot’s flight number, equipment, arrival/departure time, or market served
, and the preamble statement that “ [t] his defin ition of same series of flights allows the FAA to see the intent to operate a series of flights but is not intended to preclude a carrier from changing the flight number, origin/destination, or flight time (within the same 30

- minute slot time period)
durin g the scheduling season.” (preamble F ederal R egister pages 1287

- 1288).

a. W ill operating a flight with a different flight number, a different arrival/departure time, a different market, or different aircraft equipment than what was originally filed qualify

as using a slot for purpose s of the minimum us age requirements?
13. With the proposed requirements that specific slots match certain flights, if the FAA issues a
flow

- management program that would prohibit carriers from operating certain flights (such as
Tier 1 destinations) will the FAA waive those flights from the usage

- requirement calculations, given that the decisions to cancel were outside the carriers’ control? If not, how would the FAA justify not providing waivers for directed cancellations to Tier 1 citi es while giving preference to flights to other destinations (such as international routes) and holding both to the same usage requirements?
14. How would holiday cancellations be handled under the NPRM? If a carrier were to temporarily return unused slots to the FAA on a holiday, would the carrier get these slots back the following

year, when the holiday falls on a different day of the week? For example, if a carrier returned December 25 in 2014 (the fourth Thursday of December 2014), would that equate to December 25 in 2015 (the fourth Friday of December 2015) or to December 24, 2015 (the fourth Thursday of December 2015)?3

15. What is the intent of allowing new entrants a 180

- day usage waiver in section 93.39(b)(5)

,
cons idering that a new entrant will receive its allocation approximately 5 month s in advance of the season’s start just by virtue of the slot coordination calendar and considering that the entire
wint er season is less than 180 days ? For example, initial submis sions for Winter 2014 were due by May 8th , with initial slot allocations awarded by May 29th. The Winter season began on
October 26th and concluded on March 28th.

a. Does the 180

- day usage waiver start from the beginning of the season? If so, could a
carrie r ask for and be awarded slots in one winter season and not start until the subsequent winter season?
b. Or, Does the 180

- day usage waiver start for the slot allocation date, e.g., within 180 days of the May 29th allocation date for the Winter 2014 season?
16. W hat is the purpose of requiring interim reporting in section 93.44(a)(1) ?

a. What will the FAA do with the interim report , and how will it use that information ?

Slot Transactions

17. Alternative 1 for the s econdary m arket mechanism does not include 93.45(c) , (d), or (e) or equivalents

, whereas Alternatives 2

- 5 include 93.45(c) , (d), and(e). W hy are these paragraph s missing from Alternative 1?

a. Can the FAA c onfirm that a 14 day DOT (OST) review period would not apply to one

- for

one trades , leases and short

- term t ransfers up to two seasons under Alternative 1 ? This
is consistent with the exclusion of small transactions from DOT’s public interest review
in section 93.47(a).
b. Is Alternative 1 meant to be unrestricted secondary trading as is allowed today at DCA?
18. Un der what authority would DOT/FAA require disclosure of the final terms of a slot transaction
in section 93.45(h)?
19. For what purpose would the FAA use the information called for in section 93.45(h)? In what format must this information be provided, and would it be subject to FOIA?
20. In Alternatives 2

- 4 is the four

- month notice counted back from the time of the intended closing
date of the transaction or from the effective execution date of the actual s lot swap? ( See section 93.45(b) )
21. Please c onfirm that when the FAA states 2 seasons in section 93.45(d), it mea ns 2 summer or 2
winter seasons.
22. Why didn’t the FAA include the 90

- day finalization window for existing arrangements in
Alternative 1

, section 93. 45(f)? Can the FAA confirm that there will be a 90

- day waiver to allow time for all existing transactions

, that carriers may intend to make permanent

, be executed?
23. P lease clarify the interaction between sections 93.45(j) and 93.47(a)? T here should be an

e xception for small transactions in 93.45(j) and/or FAA should clarify that 93.45(c) applies to
Alternative 1.
24. If section 93.46 is adopted , why is section 93.45(e) necessary in Alternatives 2

- 5 ? Did the FAA intentionally omit 93.45(e) from Alternative 1?4

DOT Review

25. How much time would the FAA have to provide the final terms of a secondary market transaction to DOT for public interest review , since the proposed 14

- day DOT consideration window under 93.47(b)(1) does not start until DOT has received the transaction ?
26. Please further clarify the FAA process for informing DOT of small transactions when 93.47(a) appears to exempt these transactions from review ?
27. How does DOT intend to learn of and aggregate multiple transactions for review as contemplated in se ction 93.47(a) ?
28. Is the aggregation in section 93.47(a) intend ed to apply to transactions that would otherwise be covered by section 93.46?
29. How does DOT define “unfair methods of competition” in the context of slot transactions?
30. How does DOT define “public interest principles” in the context of slot transactions and upon what criteria would DOT make a decision as to whether a transaction is or is not in the public
interest?
31. How does DOT define “anti

- competitive behavior” in the context of slot transactions?
32. How are DOT’s reviews and decisions concerning competition different than DOJ’s reviews and decisions; what specific criteria would DOT use that are not used by DOJ?