Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices 75765

presented: (1) Existing methods to

quantify the potential economic and

environmental effects to complete the

core analysis, (2) identification of and

recommendations to address some of

the challenges presented by the core

analysis, (3) recommendations for a

process to help identify priority issues

and appropriate methodologies for a

supplemental analysis of issues not

treated in the core analysis, and (4)

estimates of the resources necessary to

perform the core analysis.

By itself, the proposed quantitative

methodology will not constitute a

comprehensive analysis of the FTAA’s

environmental effects; rather, the

outcome of this effort is intended to feed

into the larger environmental review

process. In addition, the core

quantitative analysis would help inform

the selection of key economic sectors

and geographic areas within the United

States that may warrant further

examination in the supplemental

analysis. These issues may be analyzed

in a qualitative or quantitative fashion,

depending upon such factors as: the

nature of potential environmental

effects, data availability and the

availability of methods to estimate

environmental endpoints (positive or

negative). As envisaged by the Working

Group, once the additional issues have

been identified in the core and

supplemental analyses, specific

recommendations can be developed

regarding analytical methods. In

addition, specific global and transboundary environmental effects that

may emerge as potentially significant

issues will be examined in the core and/

or supplemental analyses and

incorporated, as appropriate, into the

environmental review. At a minimum,

other components of the review will

include a concurrent analysis of

potential impacts on domestic

environmental laws and regulations

resulting from potential rules changes

and changes in non-tariff barriers to

trade which may result from the

negotiations. In addition, specific global

and trans-boundary environmental

effects that may emerge as potentially

significant issues will be examined and

incorporated, as appropriate, in the

environmental review.

The FTAA Environmental Group is

favorably considering the advice and

recommendations of the Working Group

as presented in the proposed

methodology. Following input from

USTR’s advisors, Congress, and the

public, the Environmental Group will

further refine its analytical strategy.

Initiation of the entire analytical effort

should take place as soon as possible to

ensure the timely consideration of the

results in the negotiating process.

WRITTEN COMMENTS: Persons

submitting written comments should

provide twenty (20) copies no later than

5:00 PM January 19, 2001, to Gloria Blue

at the address listed above. Written

comments submitted in connection with

this request, except for information

granted ‘‘business confidential’’ status

pursuant to 15 CFR 2003.6, will be

available for public inspection in the

USTR Reading Room (Room 101) at the

address noted above. An appointment to

review the file may be made by calling

Brenda Webb at (202) 395–6186. The

Reading Room is open to the public

from 10:00 a.m. to 12 noon, and from 1

p.m. to 4 p.m. Monday through Friday.

Business confidential information

will be subject to the requirements of 15

CFR 2003.6. Any business confidential

material must be clearly marked as such

on the cover letter or page and each

succeeding page, and must be

accompanied by a non-confidential

summary thereof. If the submission

contains business confidential

information, twenty (20) copies of a

public version that does not contain

confidential information, must be

submitted. A justification as to why the

information contained in the

submission should be treated

confidentially must be included in the

submission. In addition, any

submissions containing business

confidential information must be clearly

marked ‘‘confidential’’ at the top and

bottom of the cover page (or letter) and

each succeeding page of the submission.

The version that does not contain

confidential information should also be

clearly marked, at the top and bottom of

each page, ‘‘public version’’ or ‘‘nonconfidential.’’

Carmen Suro-Bredie,

Chair, Trade Policy Staff Committee.

[FR Doc. 00–30783 Filed 12–1–00; 8:45 am]

BILLING CODE 3901–1–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA–2000–8278]

High Density Airports; Notice of

Lottery of Slot Exemptions at

LaGuardia Airport

AGENCY: Federal Aviation

Administration.

ACTION: Notice of lottery for takeoff and

landing times at LaGuardia Airport.

SUMMARY: This notice announces a

Federal Aviation Administration (FAA)

lottery to reallocate exemption slots at

LaGuardia Airport as authorized under

the Wendell H. Ford Aviation

Investment and Reform Act of the 21st

Century. The FAA finds that this action

is necessary to address the level of

delays that are currently experienced as

a result of the significant increase in

operations authorized by that

legislation, and to prevent an increase in

delays from additional flights scheduled

to begin in the near future.

DATES: The lottery will be held on

December 4, 2000.

ADDRESSES: The lottery will take place

in the FAA Auditorium, 3rd floor,

Federal Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591 at 12:30 p.m.

FOR FURTHER INFORMATION CONTACT:

David L. Bennett, Office of Airport

Safety and Standards, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone number 202–267–3053.

SUPPLEMENTARY INFORMATION:

Background

The FAA has broad authority under

Title 49 of the United States Code

(U.S.C.), Subtitle VII, to regulate and

control the use of the navigable airspace

of the United States. Under 49 U.S.C.

40103, the agency is authorized to

develop plans for and to formulate

policy with respect to the use of

navigable airspace and to assign by rule,

regulation, or order the use of navigable

airspace under such terms, conditions,

and limitations as may be deemed

necessary in order to ensure the safety

of aircraft and the efficient utilization of

the navigable airspace. Also, under

section 40103, the agency is further

authorized and directed to prescribe air

traffic rules and regulations governing

the efficient utilization of the navigable

airspace.

The High Density Traffic Airports

Rule, or ‘‘High Density Rule,’’ 14 CFR

part 93, subpart K, was promulgated in

1968 to reduce delays at five congested

airports: John F. Kennedy International

Airport, LaGuardia Airport, O’Hare

International Airport, Ronald Reagan

National Airport and Newark

International Airport (33 FR 17896;

December 3, 1968). The regulation

limits the number of instrument flight

rule (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, in

the form of a ‘‘slot’’ for each IFR landing

takeoff during a specific 30- or 60-

minute period. The restrictions were

lifted at Newark in the early 1970s.

75766 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices

‘‘AIR–21’’

On April 5, 2000, the ‘‘Wendell H.

Ford Aviation Investment and Reform

Act for the 21st Century’’ (‘‘AIR–21’’)

was enacted. Section 231 of AIR–21

significantly amended 49 U.S.C. § 41714

and included new provisions codified at

49 U.S.C. §§ 41716, 41717, and 41718.

These provisions enabled air carriers

meeting specified criteria to obtain new

slot exemptions at New York’s

LaGuardia Airport (LaGuardia) and John

F. Kennedy International Airport (JFK),

Chicago’s O’Hare International Airport

(O’Hare) and Washington DC’s Ronald

Reagan Washington National Airport

(National). As a result of this legislation,

the Department of Transportation

(Department) issued eight orders

establishing procedures for the

processing of various applications for

exemptions authorized by the statute.

Specifically, Order 2000–4–11

implements 49 U.S.C. 41716(a), which

provides in pertinent part that an

exemption must be granted to any

airline using Stage 3 aircraft with less

than 71 seats that proposes to provide

nonstop service between LaGuardia and

an airport that was designated as a small

hub or nonhub airport in 1997, under

certain conditions. The exemption must

be granted if: (1) the airline was not

providing such nonstop service between

the small hub or nonhub airport and

LaGuardia Airport during the week of

November 1, 1999; or (2) the proposed

service between the small hub or

nonhub and LaGuardia, exceeds the

number of flights provided between

such airports during the week of

November 1, 1999; or (3) if the air

transportation pursuant to the

exemption would be provided with a

regional jet as replacement of turboprop

service that was being provided during

the week of November 1, 1999.

According to AIR–21 and the

Department’s Orders, air carriers

meeting the statutory tests delineated

above automatically receive blanket

approval for slot exemptions, provided

that they certify in accordance with 14

CFR 302.4(b) that they meet each and

every one of the statutory criteria. The

certification must state the communities

and airport to be served, that the airport

was designated a small hub or nonhub

airport as of 1997, that the aircraft used

to provide the service have fewer than

71 seats, that the aircraft are Stage 3

compliant, and the planned effective

dates. Carriers must also certify that the

proposed service represents new

service, additional frequencies, or

regional jet service that has been

upgraded from turboprop service when

compared to service for the week of

November 1, 1999. In addition, carriers

must state the number of slot

exemptions and the times needed to

provide the service.

Order 2000–4–10 implements the

provisions of 49 U.S.C. 41716(b), which

states in pertinent part, that exemptions

must be granted to any new entrant or

limited incumbent airline using Stage 3

aircraft that proposes ‘‘* * * to provide

air transportation to or from LaGuardia

or John F. Kennedy International

Airport if the number of slot exemptions

granted under this subsection to such

air carrier with respect to such airport

when added to the slots and slot

exemptions held by such air carrier with

respect to such airport does not exceed

20.’’ Applications submitted under this

provision must identify the airports to

be served and the time requested.

Section 231 of AIR–21, 49 U.S.C.

41715(b)(1) expressly provides that the

provisions for slot exemptions are not to

affect the FAA’s authority for safety and

the movement of air traffic. The

reallocation of exemption times by the

lottery procedures described in this

Notice is based on the FAA’s statutory

authority and does not rescind the

exemptions issued by the Department

under Orders 2000–4–10 and 2000–4–

11. As provided in those orders, carriers

that have filed the exemption

certifications also need to obtain an

allocation of slot exemption times from

the FAA. The limiting and reallocation

of these exemption slots is in

recognition that it is not possible to add

an unlimited number of new operations

at LaGuardia Airport, especially during

peak hours, even if those operations

would otherwise qualify for exemptions

under AIR–21.

Lastly, section 93.225 of Title 14 of

the Code of Federal Regulations sets

forth the process for slot lotteries under

the High Density Rule. The process

described in the regulations is similar to

the process described herein and allows

for special conditions to be included

when circumstances warrant special

consideration.

Actions of the Port Authority of New

York and New Jersey

In response to a significant increase in

exemption operations under AIR–21

beginning in late summer (from 53

operations in August 2000 to 192

operations at the end of September), the

Port Authority of New York and New

Jersey (Port Authority) issued a letter on

August 2 to all carriers filing for AIR–

21 exemptions requiring 45 days

advance notice of new operations at the

airport under AIR–21. On August 21,

the Port Authority issued a second letter

to carriers planning to initiate service

under AIR–21 exemptions requesting

that the carriers schedule their flights

outside of the most congested hours in

order to mitigate the delays generated by

additional flights. On September 19, the

Port Authority announced a temporary

moratorium on new flights. In that

letter, the Port Authority stated its

intent to replace this moratorium as

soon as possible with a measure that

will prevent an unlimited increase in

operations at LaGuardia, and at the

same time fairly accommodate Federal

interests in competition and in service

to small hub or nonhub airports as

provided in AIR–21. To that end, the

Port Authority has proposed to the FAA

the imposition of a limit on the number

of AIR–21 exemption flights at

LaGuardia, and the allocation of those

flights to eligible carriers through a

lottery procedure to address, in the

short-term, the current situation at the

airport.

The following factors describe the

current operating conditions

experienced at LaGuardia:

• There were more than 9,000 flight

delays at LaGuardia in September 2000,

up from 3,108 in September 1999. In

September 2000, 25% of the flight

delays in the U.S. were at LaGuardia. In

September 1999, the figure was 12%.

• Average delays for many afternoon

flights at LaGuardia in September 2000

exceeded 48 minutes. The average delay

for all flights that month was 43

minutes.

• LaGuardia has recently experienced

as many as 600 delayed flights on a day

when there is good weather and no

other significant problems in the air

traffic control system.

• Some flights at LaGuardia have

experienced average ground delay time

that exceeds scheduled flight time.

• Air carriers routinely cancel

scheduled flights, especially in

afternoon and evening hours, due to

aircraft positioning and other

operational issues related to excessive

delays.

Since AIR–21 was enacted on April 5,

2000:

• Carriers have filed exemption

requests for more than 600 new flights

a day at LaGuardia.

• As of November 1, over 300 new

flights are operating under AIR–21

exemptions.

• Carriers have published schedules

for 28 new flights in December and 23

more new flights in January 2001.

• In April 2000, the number of

scheduled operations at LaGuardia was

1064. As of November 1, that number

was 1344.

• If the flights published for

December and January began operation,

Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices 75767

there would be approximately 1395

scheduled operations each day at the

airport, an increase of 30% in less than

a year at an airport that was already one

of the top two delay airports in the U.S.

Notice of Intent To Conduct a Lottery

On November 9, 2000, the FAA issued

a Notice of Intent to Conduct a Lottery

seeking comment on the agency’s

proposed slot lottery at LaGuardia (65

FR 69126; November 15, 2000). The

agency proposed that as of January 1,

2001, scheduled operations would be

limited to 75 per hour to limit daily and

hourly demand on airport facilities and

the air traffic control system. The FAA

believes that this number of flights can

be accommodated in good weather

conditions and at the same time, will

provide access for AIR–21 exemption

flights. (This number does not include

extra sections of scheduled air carrier

flights or the 6 reservations per hour for

‘‘Other’’ nonscheduled operations,

including general aviation, charters and

military flights.) As a result, the number

of AIR–21 slot exemptions at LaGuardia

would be limited to approximately 150

a day between the hours of 7:00 a.m.

and 9:59 p.m. (the actual hourly total is

159). Also on January 1, 2001, the FAA

would reissue AIR–21 exemption slots

and operating times to eligible carriers

in accordance with the results of a

lottery. The FAA further proposed that

carriers eligible for participation in the

lottery would be those carriers that have

applications on file with the

Department, fulfilled the certification

requirements articulated in OST Orders

2000–4–10 and 2000–4–11, received an

FAA allocation as of the date of the

notice, and would have commenced

operations by January 1, 2001. Lastly,

the agency proposed that independently

owned carriers that had obtained AIR–

21 certification in their own name could

participate in the lottery separately,

regardless of whether the service is

under that carrier’s name or under a

code-share arrangement.

Discussion of Comments

After a seven-day comment period,

which closed on November 20, the

agency received 36 comments.

Comments were submitted from 15

airlines, six airport authorities, two

associations representing airports and

small air carriers, private individuals

and representatives from the City of

Knoxville, Tennessee (Chamber of

Commerce, Convention and Visitors

Bureau, and Mayor’s Office) and

representatives from the State of Maine

(Governor King, City of Portland,

Department of Economic and

Community Development). In addition,

comments were received from Senators

Brownback, Roberts, Grassley, Harkin,

Kohl and Feingold and Congressmen

Barrett and Kleczka.

The comments discussed nine main

issues: (1) Treatment of commuter

affiliates; (2) elimination or reduction of

service to small communities; (3) new

entrant/ limited incumbent preference;

(4) carrier eligibility for the lottery; (5)

suspension of the use-or-lose

requirement; (6) suspension of the extra

section provision; (7) implementation

date of the reallocation; (8) alternative

allocation methods; and (9) trading of

slot exemption times.

Treatment of Commuter Affiliates

The FAA proposed that

independently owned carriers that had

obtained AIR–21 certification in their

own name could participate in the

lottery separately, regardless of codeshare arrangements with other operators

at LaGuardia Airport. The basis for this

proposal was a strict reading of the

statutory language in AIR–21, which

specifically provides that:

For purposes of this section and section

41716, 41717, and 41718, an air carrier that

operates under the same designator code, or

has or entered into a codeshare agreement,

with any other air carrier shall not qualify for

a new slot or slot exemption as a new entrant

or limited incumbent air carrier at an airport

if the total number of slots and slot

exemptions held by the 2 carriers at the

airport exceeds 20 slots and slot exemptions.

(49 U.S.C. 41714(k)).

The majority of comments on this

issue opposed the FAA’s proposal that

the above provision only applies to new

entrant/limited incumbents. The

majority of commenters argue that by

adopting the above interpretation, the

code-share affiliates of the major

incumbent carriers are being treated as

individual carriers for the purpose of

participating in the slot lottery,

regardless of the fact that many of these

carriers carry the same airline

designator code. Consequently, the

number of carriers eligible to participate

in the lottery for slot exemptions to

small hub and nonhub airports is

inflated to 8 carriers versus 4 carriersif affiliated carriers are aggregated.

This leaves less exemption slots

available for new entrants during the

lottery, particularly during the most

desirable times and results in an

inequitable and disproportionate weight

toward incumbent carriers with

multiple contracted codeshare affiliates.

These commenters contend that this

approach would enhance the

dominance of the airlines that already

dominate LaGuardia and are better able

to complement their AIR–21 operations

with HDR slots, which is precisely

contrary to the intent of AIR–21.

Both the Senate version (S. 82) and

the House version (H.R. 1000) of AIR–

21 contained language that aggregated

commuter affiliates for purposes of

applying for slot exemptions as new

entrants or limited incumbents. The

conference substitute stated that,

For purposes of determining whether an

airline qualifies as a new entrant or limited

incumbent for receiving slots exemptions,

DOT shall count the slots and slot

exemptions of both that airline and any other

that it has a code-share agreement at that

airport. Conference Report on AIR–21, H.

Rep. 106–513, 106th Cong., 2d Sess. (March

8, 2000), p. 174.

Additionally, in the Senate debate,

Senator McCain, chairman of the Senate

Commerce Committee stated with

respect to this provision that ‘‘It means

the Secretary should consider commuter

affiliates as new entrant or limited

incumbents for purposes of applying for

slot exemptions and interim access to

O’Hare. A major airline should not be

allowed to game the system and add to

its hundreds of daily slots through its

commuter affiliates and codeshare

partners’’ (106th Cong., 1st Sess. Vol.

145, No. 134, S12096, October 6, 1999).

It is argued by the commenters,

including all members of Congress that

commented on this notice, that it was

only necessary for Congress to address

the commuter affiliates only with

respect to new entrants and limited

incumbents because those are the only

circumstances in which AIR–21

exemptions would be limited by the

status of the carrier. The statutory

provisions governing slot exemptions

for small or nonhub airports provide for

automatic access upon meeting the

stated criteria without regard to the

status of the carrier. Consequently, it

was not necessary for Congress to

address the affiliated carrier issue with

respect to these slot exemptions and the

statute is silent.

The FAA does not dispute the above

arguments. However, in ensuring that

the proposed lottery meets the intent of

AIR–21 to the greatest extent possible,

the agency has to consider the effect of

amending its interpretation of this

provision and applying the commuter

affiliate provision to both new entrants/

limited incumbents and carriers

providing service to small and nonhub

airports. As stated in the notice, in

capping the number of slot exemptions,

the agency is striving to strike a balance

between new entrants/limited

incumbents and carriers providing

service to small and nonhub airports

that provides a fair and equitable

distribution between the two categories

75768 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices

of operations, consistent with the intent

of AIR–21.

The FAA agrees with the comments

that it was logical for Congress not to

treat commuter affiliates as a single

entity for purposes of obtaining slot

exemptions for carriers providing

service to small and nonhub airports.

Since the statute does not provide for a

cap on these exemptions nor any

allocation framework, it is unnecessary

to include the language specifically

applicable to new entrants and limited

incumbent carriers. However, given the

circumstances today that warrant a limit

of some sort on the total number of

operations at the airport and the clear

Congressional intent in cases where

such limits applied, the FAA finds that

it is reasonable to apply the commuter

affiliate principle to the carriers

providing service to small and nonhub

airports. First, since AIR–21 is silent on

this issue, in looking at the legislative

history, the reading suggested by the

commenters is consistent with the

intent of the statute. Second, in adapting

the use of the definition for the purpose

of the lottery of FAA-issued operating

rights, the FAA is dealing with a

situation not contemplated by the

drafters of AIR–21. The agency’s

procedure is for the allocation of limited

operating rights, and attempts to

comport with the intent of AIR–21 to

the maximum extent possible.

Accordingly, the list of eligible carriers

set forth in this notice reflect an

aggregation of commuter affiliates with

their codeshare partners, i.e. all carriers

sharing a common designator code will

be considered a single carrier for the

purpose of selecting exemption slots in

the lottery.

Elimination or Reduction in Service to

Small and Nonhub Airport

Comments were received from the

Knoxville Airport Authority,

Convention and Visitor Bureau, Mayor,

the Charleston County Aviation

Authority, Birmingham Area Chamber

of Commerce, Lee County Port

Authority, City of Portland, Maine, the

Governor of Maine, State of Maine

Department of Economic and

Community Development, Piedmont

Triad Airport Authority, Lebanon

Municipal Authority, and the

Charlottesville-Albemarle Airport

Authority who object to the proposed

lottery if it would result in any

reduction or elimination of service to

their communities. They urge the FAA

to protect the needs of their individual

communities and other communities

that AIR–21 was intended to benefit.

Colgan Air contends that it provides the

only LaGuardia service to the markets it

serves. Without the AIR–21 exemption

slots, Colgan states that its service to

these small hub and nonhub markets

will disappear. Similarly, Delta Air

Lines comments that Congress

encouraged airlines to institute new

regional jet service between LaGuardia

and underserved cities to redress the

lack of air service from these

communities to the New York market.

As a result, Delta has already instituted

nonstop LaGuardia service with regional

jets to 14 small hub and nonhub markets

(46 daily nonstop roundtrip flights).

According to Delta, the proposed lottery

would likely force Delta to cancel all but

a few of these flights and impose

hardships on these communities who

are now using this new service. Delta

also argues that the FAA does not

properly balance regional jet service

versus new entrant service, of which the

regional jet service will endure most of

the reduction in number of slot

exemptions in the lottery.

The FAA realizes that an approximate

44 percent reduction in the number of

exemption slots available during peak

hours is going to result in reduced

service. The agency’s foremost concern

with this lottery, after establishing the

limit on the number of operations, is

how to make the resulting allocation as

fair as possible among the competing

entities and consistent with the

purposes of AIR–21. As stated

previously, the FAA believes that since

the agency is imposing a cap on slot

exemptions, it is appropriate to

aggregate commuter affiliates with their

codeshare partners. While this may

reduce the number of slot exemptions

available to the carriers providing

service to small hub and nonhub

airports, these carriers, by virtue of their

codeshare arrangements have alternative

sources of slots available to adjust their

level of service. It is also noted that this

action does not reduce the number of

HDR slots or preclude the option to

provide the small community service to

other New York City area airports.

Several of the incumbent carriers

providing service under AIR–21 slot

exemptions are the largest individual

slot holders at the airport and

previously served some of the same

communities using HDR slots. These

carriers may choose to continue

providing service with a combination of

AIR–21 exemption slots and HDR slots

within the carriers’ base. This notice

will not require a carrier to continue or

discontinue service to any eligible

community. These decisions will be

make by the individual carrier. In sum,

the FAA is aware that some

communities will not receive service to

LaGuardia Airport they may have

expected under the provision of AIR–21,

even if a carrier is willing to provide the

service. LaGuardia Airport simply does

not have the capacity for the unlimited

addition of new flights.

New Entrants/Limited Incumbents

America West Airlines, Legend

Airlines, Spirit Airlines, Shuttle

America and the Air Carrier Association

of America (ACAA) all raise issues

concerning the impact of the lottery on

new entrants/limited incumbents. These

entities argue that the number of

exemption slots operated by new

entrants/limited incumbents pales in

comparison to the number of exemption

slots operated by carriers providing

service to small hub and nonhub

airports. These commenters believe that

the proposed lottery is not structured so

as to provide new entrants/limited

incumbents with meaningful

opportunities to promote competition,

as intended by AIR–21. Several of the

commenters requested that the FAA

allocate additional slots to limited

incumbents and new entrants to provide

for expansion of their schedules in the

next year, even if the slots would not be

used immediately.

The FAA believes that the application

of the commuter affiliate principle to

carriers providing service to small and

nonhub airports helps balance the two

interests. However, the FAA also

believes that while the lottery is

intended to equitably address the needs

of all carriers under the cap, it is

necessary to ensure the competitive

viability of new entrants, and still

providing small hub and nonhub access

granted under the statute. Consequently,

the FAA finds that the lottery

procedures described herein give equal

weight to both categories of carriers for

slot exemptions.

Carrier Eligibility

Sun Country states that it meets the

definition of a ‘‘new entrant,’’ but is not

eligible to participate in the lottery

because it did not apply for exemptions

at the Department and receive

allocations from the FAA by November

9. (Sun Country did file its application

with the Department on November 17,

2000). Sun Country further argues that

at the time that the deadline was

published, it made it impossible for any

new entrant to participate that had not

yet filed with the Department. Shuttle

America comments that it should be

permitted to participate in all three

initial rounds of the lottery because it is

a new entrant and because it is

providing service to a new and nonhub

market, therefore uniquely qualifying

Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices 75769

for inclusion in the first three rounds of

the lottery under both categories of

operations.

Due to the current operating

environment at LaGuardia as described

in the previous notice, the FAA finds

that immediate action is necessary to

prevent worsening of an already

intolerable situation. As previously

stated, the reallocation based on this

lottery is an interim step and will only

be in effect for the short-term, i.e. until

September 15, 2001. After that date, the

FAA and the Department of

Transportation fully expect to have a

long-term mechanism in place to better

address congestion at the airport,

developed with the participation of all

interested parties. Because of the

temporary nature of the allocation, and

the fact that many of the carriers already

operating AIR–21 exemption service

will need to reduce their operations, the

FAA did not open the lottery to carriers

that had taken no steps to initiate AIR–

21 flights at LaGuardia as of the date the

notice was issued. It is incumbent that

the FAA reduce the operations at the

airport to an acceptable number. The

FAA’s immediate goal is to bring the

current level of operations to a level that

more appropriately recognizes airport

capacity and to do so by addressing the

operations that are already in place. If

the FAA were to permit Sun Country to

participate in the lottery, that decision

would require further reduction of

service that is already being operated by

other carriers. We note that other

carriers, some of whose current

operations are being reduced, also have

plans (and in some cases, have already

received slot times by the FAA) to

increase service after January 1, 2001,

and prior to September 15, 2001, but are

unable to do so. We note that Sun

Country has previously filed for

exemptions and initiated AIR–21 flights

at JFK International Airport and O’Hare

International Airport and is clearly

benefiting from AIR–21 even if it is

unable to begin LaGuardia service

immediately. Also, as previously stated,

the allocation of exemption slots by this

lottery is for the short-term only and

this action is not a permanent bar to Sun

Country or other operators from

commencing future AIR–21 operations.

The FAA does not agree that Shuttle

America should be able to participate in

all rounds of the lottery as both a new

entrant/limited incumbent and a carrier

providing small hub and nonhub

service. The FAA has listed Shuttle

America as a new entrant (to which

Shuttle America did not comment on)

and eligible to select four slots in the

first round, but ineligible for

participation in the second and third

rounds for carriers obtaining AIR–21

authority on the basis of providing small

hub and nonhub service.

The FAA also makes four corrections

to the November 9 notice regarding the

number of slot exemptions available

during the lottery for Midway, Legend,

American Eagle and Delta Connection.

In the previous notice, the FAA

incorrectly stated that Midway was

eligible for 9 operations, Legend for 7

operations, American Eagle for 26

operations and Delta Connection for 81.

The corrected numbers are 15, 8, 34 and

88 respectively. However, this notice

clarifies that only slots between the

hours of 0700–2159 are included.

Alternative Allocation Methods

A number of commenters proposed

various alternative methods of

allocation or variations of the lottery

procedures proposed. These methods

and variations include increasing the

number of slots that new entrants may

select in the first round; withdrawal and

reallocation of 10 percent of all HDR

slots; allocation of available slots among

eligible carriers in proportion to the

number of AIR–21 flights already

implemented as of a certain date;

allowing lottery slots to be traded freely

as long as relevant city and aircraft

requirements are met; allowing carriers

to have a limited number of delay-free

arrivals and to pick commercially viable

times; rolling back the cut-off date for

operations eligible for lottery to those

operations operating on August 31,

2000; and use a rolling 3-hour limitation

(do not exceed 225 operations in any

three consecutive hours).

The FAA has reviewed each

alternative and variation submitted and

finds that the results of the lottery, if

any of these suggestions were adopted,

would favor one carrier or category of

carriers over the others. It would also

detract from the purposes of this lottery,

which are to cap operations at an

acceptable level for the short-term, and

at the same time realize the benefits of

AIR–21 to the extent possible at that

level of operations. For example, if the

number of slots were increased for new

entrants in the first round, that would

adversely affect the number of slots

available for carriers providing service

to small and nonhub airports, which has

already been significantly reduced.

Also, if the FAA were to change the

cutoff date to August 31, 2000, this

would disproportionately benefit

incumbent carriers, which in some cases

started the AIR–21 service only a few

days before that deadline. If the FAA

were to adopt a prorated method of

allocation, then new entrants, whose

presence at the airport is largely or

exclusively due to slot exemptions,

would be disfavored.

Lastly, adoption of a 3 hour rolling

limit would allow for further peaking of

operations at certain times, which is

inconsistent with an hourly cap.

Consequently, the FAA believes that the

lottery procedures proposed provide an

approach that distributes the benefits

and burdens of the allocation among

carriers, and strikes a balance between

the two distinct purposes of AIR–21:

competition by new entrant and small

incumbent carriers and service to small

hub and nonhub airports by regional jets

and other small aircraft. The FAA

adopts herein the lottery procedures

proposed, and as amended by this

notice.

Suspension of the Use-or-Lose

Requirement

Several commenters requested that

the FAA temporarily suspend the

minimum slot usage requirement for all

operators at LaGuardia.

On November 13, 2000, the FAA

issued a Statement of Policy, which set

forth a temporary policy concerning the

minimum slot usage requirement at

LaGuardia (65 FR 69601; November 17,

2000). According to the policy

statement, carriers are permitted to

temporarily return slots or slot

exemptions to the FAA in advance due

to schedule planning or other decision

by the carriers without fear of

jeopardizing the permanent loss of the

slot or slot exemptions. Additionally,

this policy provided that the FAA will

treat as used a slot or slot exemption if

the flight was scheduled but canceled

for operational reasons and the slot

would not otherwise have been subject

to withdrawal.

The FAA intends to issue a separate

notice that clarifies the November 13

policy statement in view of the lottery

and the reallocation of the AIR–21

exemption slots.

Suspension of Extra Sections

Several commenters stated that the

extra section provision of the High

Density Rule is either being abused and

should be suspended or is contributing

to the overall delay situation at the

airport and that the FAA should

suspend this provision.

The FAA is not suspending the use of

extra sections at this time. However,

based on the comments received, the

agency will review extra section

operations under current regulations

and intends to monitor these operations

in the future to determine whether

further rulemaking or enforcement

action is warranted.

75770 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices

Implementation Date

The FAA received comments

regarding the proposed reallocation date

of January 1, 2001. Several carriers

stated that this date would be too soon

after the lottery, in that it would not be

possible to change published schedules,

or that the date fell in the middle of the

holiday travel time. In addition, several

carriers cited operational problems with

the proposed date since airlines already

have posted crew bids for January before

the lottery process is completed.

Midway Airlines specifically stated that

‘‘If the lottery is not held until early

December, which appears likely, then

carriers will not have the time necessary

to review and adjust fleet allocations

and positionings in order to meet the

deadlines for distributing bid packages

to their crews on December 10.’’

Based on these comments, the FAA

agrees that the January 1 date is not

practicable to reallocate exemption slots

and have carriers adjust schedules based

on that reallocation without significant

disruption. The carriers recommended

implementation date of January 31,

2001, which will provide carriers with

approximately seven weeks after the

lottery to adjust schedules. This date

addresses the situation at the airport in

the most expeditious timeframe

reasonable recognizing that airlines

must take actions to reschedule flights,

comport with their union contracts and

accommodate passengers on alternative

routings if necessary.

Trading of Slot Exemptions

Several commenters raised the issue

of allowing the transfer of the slot

exemption times among carriers

consistent with industry practices and

FAA regulations governing the transfer

of slots.

Under the provisions of 49 U.S.C.

41714(j), carriers may not sell, trade,

transfer, or convey the operating

authorities granted by the Department’s

exemptions. Under certain conditions,

the Department has allowed the

temporary transfer of slot exemption

times under its pre AIR–21 authority

and AIR–21 when slot timings were

limited. These conditions include that

the transfer is for operational reasons, of

a temporary nature, and on a one-forone basis at the same airport. In

addition, the carrier with the exemption

must certify to the FAA that no other

consideration is involved, which is

consistent with the provisions of AIR–

21.

Re-allocation of Slot Exemptions at

LaGuardia Airport by Lottery

As stated in the November 9 notice,

the FAA will proceed with the

development of new department policy

on measures available at LaGuardia for

management of congestion, with

participation by all interested parties.

However in the short term, the FAA

finds that it is appropriate to limit the

number of AIR–21 exemption

operations at LaGuardia and allocate

those operations by lottery to eligible

carriers described herein. The agency

reiterates that the limit will not be

permanent and will remain in effect

until September 15, 2001, when a

permanent demand management policy

for the airport, developed with the

participation of all interested parties,

can be implemented.

Reallocation of AIR–21 exemption

flights at LaGuardia in accordance with

the following conditions is in

furtherance of the spirit and intent of

AIR–21, and is consistent with the

FAA’s responsibility for the efficient use

of the navigable airspace, which is

articulated in 49 U.S.C. § 40103(b).

Effective January 31, 2001, the

number of scheduled operations at

LaGuardia will be limited to

approximately 75 per hour.

Consequently, the number of AIR–21

slot exemptions at LaGuardia is limited

to approximately 159 per day between

the hours of 7:00 a.m. and 9:59 p.m.

Also effective January 31, 2001, all AIR–

21 slot exemptions will be allocated in

this lottery, and all carriers currently

operating under AIR–21 exemption

authority will be required to conform

their schedules accordingly.

The number of AIR–21 slot

exemptions that will be available during

the lottery and consistent with an

hourly total of approximately 75

scheduled operations is as follows

(allocations will be made by 30 minute

time periods):

Hourly period Number of

exemptions

0700 .......................................... 16

0800 .......................................... 11

0900 .......................................... 9

1000 .......................................... 8

1100 .......................................... 8

1200 .......................................... 13

1300 .......................................... 14

1400 .......................................... 8

1500 .......................................... 12

1600 .......................................... 7

1700 .......................................... 2

1800 .......................................... 7

1900 .......................................... 7

2000 .......................................... 6

2100 .......................................... 31

The following criteria, as proposed in

the previous notice, are used to

determine carrier participation. A

carrier must have: (1) An application on

file with the Department; (2) fulfilled

the certification requirements

articulated in OST Orders 2000–4–10

and 2000–4–11 as of November 9, the

date of the notice; (3) received an

allocation of slot times from the FAA;

and (4) commenced operations by

January 1, 2001.

Carriers that meet this criteria under

Order 2000–4–10 and eligible for a

lottery of times between the hours of

0700–2159 are: Air Tran (11 operations),

American Trans Air (6 operations),

Legend (7 operations), Midway (15

operations), Midwest Express (8

operations), Spirit Airlines (12

operations), Shuttle America (14

operations), Southeast Airlines (4

operations) and Vanguard (2

operations).

Carriers that meet this criteria under

Order 2000–4–11 for service for small

hub and nonhub airports and would be

eligible for a lottery of slot times

between the hours of 0700–2159 are:

American Eagle (32 operations),

Continental Express (31 operations)

Delta Connection (88 operations) and

US Airways Express (82 operations).

Definitions for the terms ‘‘carrier,’’

‘‘new entrant,’’ and ‘‘limited

incumbent’’ for purposes of

participation in the lottery, are proposed

as set forth in 14 CFR 93.213, and

amended by § 231 of AIR–21. The FAA

has applied the ‘‘commuter affiliate’’

provision in 49 U.S.C. 41714(k) to

carriers eligible for the slot lottery, both

new entrants/limited incumbents and

carriers serving small hub and nonhub

airports, and is reflected in the

previously mentioned list of carriers

eligible to participate in the slot lottery.

The FAA advises all carriers that it

will not allocate slot times for any

request for slot exemption times

between the hours of 0700–2159

received by the FAA Slot

Administration Office prior to

September 15, 2001, for operation after

that date.

The slot exemption lottery will be

conducted in accordance with the

following procedures:

a. Carriers will participate in a

random drawing for selection order.

Carriers will select in that order in each

round. At the lottery, each operator

must make its selection within 5

minutes after being called or it shall lose

its turn.

b. No carrier may select more

exemption times than it was allocated

by the FAA to operate between 0700–

2159 on January 1, 2001.

c. In the first round, only new

entrants and limited incumbent carriers

may participate. Each new entrant and

limited incumbent carrier may select up

to 4 slot exemption times, 2 arrivals and

Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Notices 75771

2 departures. No more than one slot

exemption time may be selected in any

hour. In this round each carrier may

select one slot exemption time in each

hour without regard to whether a slot is

available in that hour.

d. In the second and third rounds,

only carriers providing service to small

hub and nonhub airports may

participate. Each carrier may select up

to 2 slot exemption times, one arrival

and one departure in each round. No

carrier may select more than 4

exemption slot times in rounds 2 and 3.

e. Beginning with the fourth round,

all eligible carriers may participate.

Each carrier may select up to 2 of the

remaining slot exemption times, one

arrival and one departure, in each

round, until a total of 159 slot

exemption times have been selected.

f. If the last remaining slot exemption

times available do not permit a

reasonable arrival-departure

turnaround, the FAA will take requests

for limited trades among AIR–21

operators, or may make an adjustment to

one of the times to assure that all slot

exemption time pairs selected,

combined with other slots and slot

exemptions available to the operator,

provide for a viable operation by the

selecting carrier. In addition, the FAA

may approve the transfer of slot

exemption times between carriers only

on a temporary one-for-one basis for the

purpose of conducting the operation in

a different time period. Carriers must

certify to the FAA that no other

consideration is involved in the transfer.

g. The Chief Counsel will be the final

decisionmaker concerning eligibility of

carriers to participate in the lottery.

h. The slot exemptions reallocated by

lottery will remain in effect until

September 15, 2001.

i. Carriers that participate and select

exemption slots during the lottery must

re-certify to the Department of

Transportation in accordance with the

procedures articulated in OST Orders

2000–4–10 and 2000–4–11, and provide

the Department and the FAA with the

markets to be served, the number of

exemption slots, the frequency, and the

time of operation, which is consistent

with AIR–21 prohibition on the sale or

lease of exemption slots.

Issued on November 29, 2000 in

Washington, DC.

James W. Whitlow,

Deputy Chief Counsel.

[FR Doc. 00–30793 Filed 11–29–00; 4:18 pm]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Future Flight Data Collection

Committee

Pursuant to section 10(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463, 5 U.S.C., Appendix 2), notice

is hereby given for the Future Flight

Data Collection Committee meeting to

be held January 11, 2000, starting at 9

a.m. This meeting will be held at RTCA,

1140 Connecticut Avenue, NW., Suite

1020, Washington, DC, 20036.

The agenda will include: (1) Welcome

and Introductory Remarks; (2) Review

Meeting Agenda; (3) Review Previous

Meeting Minutes; (4) Receive report on

the deliberations of Working Group 1

(Data Needs); (5) Receive report on the

deliberations of Working Group 2

(Technology); (6) Discuss Interim

Report; (7) Review First Draft of Final

Report Outline; (8) Presentations; (9)

Other Business; (10) Establish Agenda

for Next Meeting; (11) Date and Location

of Next Meeting; (12) Closing.

Attendance is open to the interested

public but limited to space availability.

With the approval of the chairman,

members of the public may present oral

statements at the meeting. Persons

wishing to present statements, obtain

information or pre-register for the

committee should contact the RTCA

Secretariat, 1140 Connecticut Avenue,

NW., Suite 1020, Washington, DC,

20036; (202) 833–9339 (phone); (202)

833–9434 (fax). Members of the public

may present a written statement to the

committee at any time.

Issued in Washington, DC, on November

22, 2000.

Janice L. Peters,

Designated Official.

[FR Doc. 00–30775 Filed 12–1–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Application

To Impose and Use the Revenue From

a Passenger Facility Charge (PFC) at

Hattiesburg-Laurel Regional Airport,

Hattiesburg, MS

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of intent to rule on

application.

SUMMARY: This correction revises

information from the previously

published notice.

In notice document 00–29918

appearing in the issue of Wednesday,

November 22, 2000, under

SUPPLEMENTARY INFORMATION, in the first

column, in the fifteenth line, the date

the FAA will approve or disapprove the

application, in whole or part, no later

than should read ‘‘March 15, 2001’’.

FOR FURTHER INFORMATION CONTACT:

Patrick Vaught, Program Manager, FAA/

Airports District Office, 100 West Cross

Street, Suite B, Jackson, MS 39208–

2307, 601–664–9885.

Issued in Jackson, Mississippi on

November 24, 2000.

Patrick Vaught,

Acting Manager, Jackson Airports District

Office, Southern Region.

[FR Doc. 00–30774 Filed 12–1–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

Transportation of Hazardous Materials;

Designated, Preferred, and Restricted

Routes

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice.

SUMMARY: This notice provides the

current listing of all restricted,

designated, and preferred road and

highway routes for transporting

radioactive (RAM) and non-radioactive

hazardous materials (NRHM) that have

been reported to the FMCSA by State

and Indian Tribe routing agencies as of

November 14, 2000. This listing has

been extracted from the National

Hazardous Material Route Registry

(NHMRR). The information contained in

this notice supersedes that published at

63 FR 31549 on June 9, 1998. The

periodic updating and publishing of this

listing is required by the Hazardous

Materials Transportation Act of 1975

(HMTA), as amended (49 U.S.C. 5112).

Also, the FMCSA’s regulations include

Federal standards and procedures

which the States and Indian Tribes must

follow if they establish, maintain, or

enforce routing designations that: (1)

Specify highway routes over which

NRHM or RAM may, or may not, be

transported within their jurisdictions;

and/or (2) impose limitations or

requirements with respect to highway

routing of NRHM or RAM. States and

Indian Tribes are also required to

furnish updated route information to the

FMCSA within 60 days of establishing

or changing a route.