Minimum Slot Usage Requirement, 57350-57351 [05-19600]

Download as PDF 57350 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices reconsideration of the ineligibility determination. A request for reconsideration must be submitted in writing within 30 days after a person has been informed of the adverse decision, in accordance with 22 CFR 127.7(d) and 128.13(a). This notice is provided for purposes of making the public aware that the persons listed above are prohibited from participating directly or indirectly in any brokering activities and in any export from or temporary import into the United States of defense articles, related technical data, or defense services in all situations covered by the ITAR. Specific case information may be obtained from the Office of the Clerk for the U.S. District Courts mentioned above and by citing the court case number where provided. This notice involves a foreign affairs function of the United States encompassed within the meaning of the military and foreign affairs exclusion of the Administrative Procedure Act. Because the exercise of this foreign affairs function is discretionary, it is excluded from review under the Administrative Procedure Act. Dated: September 22, 2005. Rose M. Likins, Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State. [FR Doc. 05–19642 Filed 9–29–05; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF STATE [Public Notice 5167] Meeting of Advisory Committee on International Communications and Information Policy The Department of State announces the next meeting of its Advisory Committee on International Communications and Information Policy (ACICIP) to be held on Thursday, October 20, 2005, from 2 p.m. to 4:30 p.m., in the Loy Henderson Auditorium of the Harry S. Truman Building of the U.S. Department of State. The Truman Building is located at 2201 C Street, NW., Washington, DC 20520. The committee provides a formal channel for regular consultation and coordination on major economic, social and legal issues and problems in international communications and information policy, especially as these issues and problems involve users of information and communications services, providers of such services, technology research and development, foreign industrial and regulatory policy, the activities of international VerDate Aug<31>2005 16:14 Sep 29, 2005 Jkt 205001 organizations with regard to communications and information, and developing country issues. The meeting will be led by ACICIP Vice Chair Mr. Rhett Dawson of the Information Technology Industry Council. Ambassador David A. Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, and other senior State Department and U.S. Government officials will also address the meeting. The main focus of the event will be to discuss U.S.-India relations, with an emphasis on industry input for the first meeting of the newly-formed U.S.-India Information and Communications Technologies Working Group. State Department officials will also present a status report on preparations for the second phase of the World Summit on the Information Society, which will take place in Tunis, Tunisia from November 16–18, 2005. Members of the public may attend these meetings up to the seating capacity of the room. While the meeting is open to the public, admittance to the Department of State building is only by means of a pre-arranged clearance list. In order to be placed on the preclearance list, please provide your name, title, organization, social security number, date of birth, and citizenship to Robert M. Watts at wattsrm@state.gov no later than 5 p.m. on Tuesday, October 18, 2005. All attendees for this meeting must use the 23rd Street entrance. One of the following valid ID’s will be required for admittance: Any U.S. driver’s license with photo, a passport, or a U.S. Government agency ID. NonU.S. Government attendees must be escorted by Department of State personnel at all times when in the building. For further information, please contact Robert M. Watts, Executive Secretary of the Committee, at 202–647– 5820 or by e-mail at wattsrm@state.gov. Dated: September 23, 2005. Robert M. Watts, Executive Secretary, ACICIP, Department of State. [FR Doc. 05–19641 Filed 9–29–05; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Minimum Slot Usage Requirement Notice of denial of request for waiver of the minimum slot usage requirement. ACTION: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 SUMMARY: The FAA recently issued a letter responding to a request from the Regional Airlines Association (RAA) for a blanket waiver of the minimum slot usage requirement for all slots at the three High Density Traffic Airports. The text of that letter is set forth in this notice. FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267–3073. SUPPLEMENTARY INFORMATION: Deborah C. McElroy, President, Regional Airline Association, 2025 M Street, NW., Suite 800, Washington, DC 20036–3309. Dear Ms. McElroy: This is in response to your September 9 letter, submitted on behalf of the Regional Airline Association’s (RAA) membership, requesting a waiver of the ‘‘use or lose’’ requirements for slots and slot exemptions held by RAA members at John F. Kennedy International (JFK), LaGuardia (LGA) and Ronald Reagan Washington National Airports (DCA) for the period August 29, 2005 through March 29, 2006. Section 93.227, subsection (j) of Title 14 of the Code of Federal Regulations provides that the Chief Counsel of the FAA may waive the usage requirements of paragraph (a) of that section in the case of ‘‘a highly unusual and unpredictable condition which is beyond the control of the slot-holder and which exists for a period of 9 or more days.’’ As an example, of such a condition, subsection 93.227(j) gives, ‘‘weather conditions which request in the restricted operation of an airport for an extended period of time.’’ RRA points to factors beyond the carriers’ control—including record fuel costs, potential disruptions in fuel supplies, airport closing and major changes in travel patterns—that are creating economic difficulties for airlines of the like that have not been experienced since the aftermath of September 11 or the Gulf War. Your petition further states that the carriers’ inability to raise fares to recoup higher fuel costs will necessitate schedule changes, which will result in either utilization of slots below the 80% minimum specified in our regulations or the operation of flights solely to preserve slot holdings. Additionally, you note that recent challenges to fuel supplies and further increases in fuel costs due to the impact of Hurricane Katrina have critically exacerbated the situation. Your association requests a waiver on behalf of its members for usage E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices requirements on all slots and slot exemptions at JFK, LGA, and DCA beginning with the initial period following the hurricane through the winter scheduling season. This office received comments on your petition from JetBlue Airways Corp. and US Airways, Inc. JetBlue opposes the requested waiver principally on the ground that the request is ‘‘overly broad’’ because the proposed waiver would affect slots beyond those needed to serve airports directly impacted by Hurricane Katrina, such as New Orleans (MSY). JetBlue would support a more limited waiver concerning flights between such airports, and the slot-controlled airports. According to JetBlue, RAA has not make and adequate demonstration of need for a broader wavier, given the existing demand by JetBlue and others for scarce take-off and landing rights at DCA and LGA. JetBlue argues that underutilized slots should be returned to the FAA for redistribution under Part 93. US Airways supports the RAA petition and requests its own (identical) relief, specifically, a waiver of the slot usage requirements for all operable slots and slot exemptions at DCA and LGA through March 2006. US Airways recites many of the same facts described in the RAA petition, emphasizing actual and potential disruptions in the nation’s refining capacity, which drive up fuel costs. US Airways states that a waiver would give it ‘‘scheduling and operational flexibility * * * to rationalize its services as much as possible’’ in light of Katrina and related events. The carrier also points out that a variety of other federal agencies (such as EPA, the Department of Energy, and IRS) have waived various regulatory requirements to facilitate hurricane relief and recovery efforts. On September 19, 2005 we granted a request from American Airlines, Inc. to waive the slot usage requirements with respect to four specifically identified slots that the carrier was scheduled to use from September 1 through December 31, 2005 for flights from LGA to MSY. We noted that this requested waiver satisfied the criteria listed in section 93.227(j). We are receptive to specific requests for short-term waivers from the slot usage requirements, i.e., with respect to service from any slot-controlled airport to/from airports affected by the recent hurricanes. We recognize that slot holders may well have difficulty meeting the rule’s usage requirements when the extraordinary and devastating effects of the hurricane have interfered with their ability to sustain service in that region. VerDate Aug<31>2005 16:14 Sep 29, 2005 Jkt 205001 The FAA stands ready to work with the affected carriers and their trade associations to address such situations. (Of course, if carriers are expecting to cancel operations for some or all of the winter season, please advise our slot program office as soon as possible since other carriers might be interested in utilizing the slots on a temporary basis, thus avoiding their potential withdrawal under the ‘‘use or lose’’ rule.) Because, however, many of the circumstances cited in your petition go to longstanding and fundamental obstacles to airline profitability, and are not specific to Katrina, I do not find that the criteria in section 93.227(j) have been satisfied. Therefore, I am denying your petition but without prejudice to your renewing your request on a more specific, limited basis. If you have further questions on this matter, please contact Lorelei Peter on my staff at 202–267–3134. Sincerely, Andrew B. Steinberg, Chief Counsel. Issued in Washington, DC, on September 23, 2005. Gary A. Michel, Acting Assistant Chief Counsel for Regulations. [FR Doc. 05–19600 Filed 9–29–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Exposure Map Notice, Laredo International Airport, Laredo, TX Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the City of Laredo for Laredo International Airport under the provisions of 49 U.S.C. 47501 et. seq. (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements. The effective date of the FAA’s determination on the noise exposure maps is September 22, 2005. FOR FURTHER INFORMATION CONTACT: Paul Blackford, Federal Aviation Administration, Airports Division, 2601 Meacham Blvd., Fort Worth, Texas 76137–4298, telephone (817) 222–5607. SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds that the noise exposure maps submitted EFFECTIVE DATE: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 57351 by the City of Laredo, Texas for Laredo International Airport are in compliance with applicable requirements of Part 150, effective September 22, 2005. Under 49 U.S.C. 47503 of the Aviation Safety and Noise Abatement Act (hereinafter referred to as ‘‘the Act’’), an airport operator may submit to the FAA noise exposure maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations (FAR) part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent the introduction of additional noncompatible uses. The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by the City of Laredo. The documentation that constitutes the ‘‘noise exposure maps’’ as defined in section 150.7 of Part 150 includes the following from the August 2005, FAR Part 150 Noise Compatibility Study: Exhibit 4.5, Year 2005 Existing Condition Noise Exposure Map; Exhibit 5.2, Year 2010 Future Condition Noise Exposure Map; Appendix J maps consisting of Touch And Go/Overflight Flight Tracks Map, Departure Flight Tracks Map, and Arrival Flight Tracks Map; Table 4.4, 2005 Existing Condition Noise Exposure Estimates; Table 5.2, 2010 Future Condition-Case 1 Noise Exposure Estimates. There are no Historic Resources within the DNL 65 contour. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on September 22, 2005. FAA’s determination on an airport operator’s noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in appendix A of FAR part 150. Such determination does not constitute approval of the applicant’s data, information or plans, or a commitment to approve a noise compatibility program or to fund the E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57350-57351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19600]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Minimum Slot Usage Requirement

ACTION: Notice of denial of request for waiver of the minimum slot 
usage requirement.

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SUMMARY: The FAA recently issued a letter responding to a request from 
the Regional Airlines Association (RAA) for a blanket waiver of the 
minimum slot usage requirement for all slots at the three High Density 
Traffic Airports. The text of that letter is set forth in this notice.

FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Senior Attorney, Office 
of the Chief Counsel, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3073.

SUPPLEMENTARY INFORMATION: Deborah C. McElroy, President, Regional 
Airline Association, 2025 M Street, NW., Suite 800, Washington, DC 
20036-3309.
    Dear Ms. McElroy: This is in response to your September 9 letter, 
submitted on behalf of the Regional Airline Association's (RAA) 
membership, requesting a waiver of the ``use or lose'' requirements for 
slots and slot exemptions held by RAA members at John F. Kennedy 
International (JFK), LaGuardia (LGA) and Ronald Reagan Washington 
National Airports (DCA) for the period August 29, 2005 through March 
29, 2006.
    Section 93.227, subsection (j) of Title 14 of the Code of Federal 
Regulations provides that the Chief Counsel of the FAA may waive the 
usage requirements of paragraph (a) of that section in the case of ``a 
highly unusual and unpredictable condition which is beyond the control 
of the slot-holder and which exists for a period of 9 or more days.'' 
As an example, of such a condition, subsection 93.227(j) gives, 
``weather conditions which request in the restricted operation of an 
airport for an extended period of time.''
    RRA points to factors beyond the carriers' control--including 
record fuel costs, potential disruptions in fuel supplies, airport 
closing and major changes in travel patterns--that are creating 
economic difficulties for airlines of the like that have not been 
experienced since the aftermath of September 11 or the Gulf War. Your 
petition further states that the carriers' inability to raise fares to 
recoup higher fuel costs will necessitate schedule changes, which will 
result in either utilization of slots below the 80% minimum specified 
in our regulations or the operation of flights solely to preserve slot 
holdings. Additionally, you note that recent challenges to fuel 
supplies and further increases in fuel costs due to the impact of 
Hurricane Katrina have critically exacerbated the situation.
    Your association requests a waiver on behalf of its members for 
usage

[[Page 57351]]

requirements on all slots and slot exemptions at JFK, LGA, and DCA 
beginning with the initial period following the hurricane through the 
winter scheduling season.
    This office received comments on your petition from JetBlue Airways 
Corp. and US Airways, Inc. JetBlue opposes the requested waiver 
principally on the ground that the request is ``overly broad'' because 
the proposed waiver would affect slots beyond those needed to serve 
airports directly impacted by Hurricane Katrina, such as New Orleans 
(MSY). JetBlue would support a more limited waiver concerning flights 
between such airports, and the slot-controlled airports. According to 
JetBlue, RAA has not make and adequate demonstration of need for a 
broader wavier, given the existing demand by JetBlue and others for 
scarce take-off and landing rights at DCA and LGA. JetBlue argues that 
underutilized slots should be returned to the FAA for redistribution 
under Part 93.
    US Airways supports the RAA petition and requests its own 
(identical) relief, specifically, a waiver of the slot usage 
requirements for all operable slots and slot exemptions at DCA and LGA 
through March 2006. US Airways recites many of the same facts described 
in the RAA petition, emphasizing actual and potential disruptions in 
the nation's refining capacity, which drive up fuel costs. US Airways 
states that a waiver would give it ``scheduling and operational 
flexibility * * * to rationalize its services as much as possible'' in 
light of Katrina and related events. The carrier also points out that a 
variety of other federal agencies (such as EPA, the Department of 
Energy, and IRS) have waived various regulatory requirements to 
facilitate hurricane relief and recovery efforts.
    On September 19, 2005 we granted a request from American Airlines, 
Inc. to waive the slot usage requirements with respect to four 
specifically identified slots that the carrier was scheduled to use 
from September 1 through December 31, 2005 for flights from LGA to MSY. 
We noted that this requested waiver satisfied the criteria listed in 
section 93.227(j).
    We are receptive to specific requests for short-term waivers from 
the slot usage requirements, i.e., with respect to service from any 
slot-controlled airport to/from airports affected by the recent 
hurricanes. We recognize that slot holders may well have difficulty 
meeting the rule's usage requirements when the extraordinary and 
devastating effects of the hurricane have interfered with their ability 
to sustain service in that region.
    The FAA stands ready to work with the affected carriers and their 
trade associations to address such situations. (Of course, if carriers 
are expecting to cancel operations for some or all of the winter 
season, please advise our slot program office as soon as possible since 
other carriers might be interested in utilizing the slots on a 
temporary basis, thus avoiding their potential withdrawal under the 
``use or lose'' rule.)
    Because, however, many of the circumstances cited in your petition 
go to longstanding and fundamental obstacles to airline profitability, 
and are not specific to Katrina, I do not find that the criteria in 
section 93.227(j) have been satisfied. Therefore, I am denying your 
petition but without prejudice to your renewing your request on a more 
specific, limited basis.
    If you have further questions on this matter, please contact 
Lorelei Peter on my staff at 202-267-3134.
    Sincerely,

Andrew B. Steinberg,
Chief Counsel.

    Issued in Washington, DC, on September 23, 2005.
Gary A. Michel,
Acting Assistant Chief Counsel for Regulations.
[FR Doc. 05-19600 Filed 9-29-05; 8:45 am]
BILLING CODE 4910-13-M