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[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Page 58393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24262]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2011-1024]

High Density Traffic Airports; Notice of Determination Regarding 
Low Demand Periods at Ronald Reagan Washington National Airport

AGENCY: Department of Transportation, Federal Aviation Administration 
(FAA).

ACTION: Notice of agency determination.

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SUMMARY: This action announces an FAA determination that 6 a.m. to 6:59 
a.m. no longer is a low demand period at Ronald Reagan Washington 
National Airport (DCA). As a result of this determination, the FAA will 
allocate available slots in that period on a temporary basis subject to 
recall, and the FAA may conduct a lottery in the future to allocate 
available slots in that period.

DATES: September 21, 2011.

FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone number: 202-267-7143; fax number: 202-
267-7971; e-mail: rob.hawks@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued the High Density Traffic Airports Rule (HDR), 14 CFR 
part 93 subpart K, in 1968 to reduce delays at five congested airports: 
John F. Kennedy International Airport, LaGuardia Airport, O'Hare 
International Airport, Ronald Reagan Washington National Airport (DCA), 
and Newark Liberty International Airport.\1\ Currently, the HDR applies 
only to DCA. The regulation limits the number of operations during 
certain hours of the day and requires a slot, which the FAA allocates 
for a specific 60-minute period, for each scheduled operation.
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    \1\ 33 FR 17896 (Dec. 3, 1968).
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    In 1985, the FAA issued part 93 subpart S (the ``Buy/Sell 
Rule'').\2\ As part of the Buy/Sell Rule, Sec.  93.226 permits the 
administrative allocation of slots during low demand periods, which are 
6 a.m. to 6:59 a.m. (the 0600 hour) and 10 p.m. to 11:59 p.m. (the 2200 
and 2300 hours), on a first come, first served basis. Section 93.226(d) 
permits the FAA to determine those periods are no longer low demand 
periods and allocate any available slots by lottery under Sec.  93.225. 
The FAA may make this determination when it becomes apparent that 
demand for slots is increasing to the point where a first come, first 
served allocation procedure is inappropriate.
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    \2\ 50 FR 52195 (Dec. 20, 1985).
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FAA Determination

    Currently, the FAA has allocated all commuter and all but three air 
carrier slots in the 0600 hour. The FAA has allocated five daily 
commuter slots and two daily air carrier slots in the 0600 hour on a 
temporary basis subject to recall.
    Because of the relatively small number of available slots in the 
0600 hour, the FAA now determines that hour no longer is a low demand 
period. Further, permanent allocation of slots in that time period 
would undermine the new entrant and limited incumbent allocation 
priority under Sec.  93.225. The FAA no longer will allocate slots 
during that time period on a permanent first come, first served basis.
    The FAA further determines the present demand for available slots 
does not justify conducting a lottery at this time. Accordingly, the 
FAA will allocate slots in the 0600 hour on a temporary basis subject 
to recall by the FAA under Sec.  93.226(e). However, if the FAA cannot 
accommodate future requests for slots, especially requests by new 
entrants or limited incumbents, through temporary allocations, the FAA 
may recall any temporarily allocated slots and conduct a lottery at 
that time.
    Slots currently allocated are unaffected by this determination, and 
the HDR continues to apply to all allocated slots.

    Issued in Washington, DC on September 15, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
 [FR Doc. 2011-24262 Filed 9-20-11; 8:45 am]
BILLING CODE 4910-13-P
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