Notice2021-22988
COVID-19 Related Relief Concerning Operations at Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2021/2022 Scheduling Season
Primary source
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Published
October 20, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA has determined to extend through March 26, 2022, the Coronavirus (COVID-19)-related limited, conditional waiver of the minimum slot usage requirement at John F. Kennedy International Airport (JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington National Airport (DCA) that the FAA has already made available through October 30, 2021, for international operations only. Similarly, the FAA has determined to extend through March 26, 2022, its COVID-19-related limited, conditional policy for prioritizing flights canceled at designated International Air Transport Association (IATA) Level 2 airports in the United States, for purposes of establishing a carrier's operational baseline in the next corresponding season, for international operations only. These IATA Level 2 airports include Chicago O'Hare International Airport (ORD), Newark Liberty International Airport (EWR), Los Angeles International Airport (LAX), and San Francisco International Airport (SFO). This relief is limited to slots and approved operating times used by any carrier for international operations only, through March 26, 2022, and will be subject to the same terms and conditions, with minor modifications, that the FAA has already applied to the relief that remains available through October 30, 2021.
Full Text
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58134-58141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22988]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2020-0862]
COVID-19 Related Relief Concerning Operations at Chicago O'Hare
International Airport, John F. Kennedy International Airport, Los
Angeles International Airport, Newark Liberty International Airport,
New York LaGuardia Airport, Ronald Reagan Washington National Airport,
and San Francisco International Airport for the Winter 2021/2022
Scheduling Season
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Extension of limited, conditional waiver of the minimum slot
usage requirement for international operations only.
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SUMMARY: The FAA has determined to extend through March 26, 2022, the
Coronavirus (COVID-19)-related limited, conditional waiver of the
minimum slot usage requirement at John F. Kennedy International Airport
(JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA has already made available through
October 30, 2021, for international operations only. Similarly, the FAA
has determined to extend through March 26, 2022, its COVID-19-related
limited, conditional policy for prioritizing flights canceled at
designated International Air Transport Association (IATA) Level 2
airports in the United States, for purposes of establishing a carrier's
operational baseline in the next corresponding season, for
international operations only. These IATA Level 2 airports include
Chicago O'Hare International Airport (ORD), Newark Liberty
International Airport (EWR), Los Angeles International Airport (LAX),
and San Francisco International Airport (SFO). This relief is limited
to slots and approved operating times used by any carrier for
international operations only, through March 26, 2022, and will be
subject to the same terms and conditions, with minor modifications,
that the FAA has already applied to the relief that remains available
through October 30, 2021.
DATES: The relief announced in this notice is available for the Winter
2021/2022 scheduling season, which runs from October 31, 2021, through
March 26, 2022. Compliance with the rolling four-week return condition
on the relief announced in this notice is required beginning on October
25, 2021. Compliance with all other conditions remains in effect
without change from prior seasons.
FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot
Administration, AJR-G, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-2822;
email <a href="/cdn-cgi/l/email-protection#89c8e5a7c4ece0e5fcfac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="cd8ca1e380a8a4a1b8be8dabacace3aaa2bb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2020, the FAA granted a limited waiver of the minimum
slot usage requirements \1\ to carriers operating at all slot-
controlled airports in the United States (DCA, JFK, and LGA) \2\ and
related relief to carriers operating at designated IATA Level 2
airports in the United States (EWR, LAX, ORD, SFO) due to the
extraordinary impacts on the demand for air travel resulting from the
COVID-19 pandemic.\3\ Since the initial slot usage waiver and related
relief was
[[Page 58135]]
provided, the FAA has taken action to extend the relief provided on
three occasions subject to certain substantive changes, including the
addition of conditions, as the COVID-19 situation continued to
evolve.\4\ The most recent limited, conditional extension of COVID-19-
related relief was issued by the FAA on January 13, 2021, and is due to
expire on October 31, 2021.\5\
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\1\ The FAA has authority for developing ``plans and policy for
the use of the navigable airspace'' and for assigning ``by
regulation or order the use of the airspace necessary to ensure the
safety of aircraft and the efficient use of airspace.'' 49 U.S.C.
40103(b)(1). The FAA manages slot usage requirements under the
authority of 14 CFR 93.227 at DCA and under the authority of Orders
at JFK and LGA. See Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020); Operating
Limitations at New York LaGuardia Airport, 85 FR 58255 (Sep. 18,
2020).
\2\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, the FAA limits operations at these airports
via rules at DCA and an Order at LGA that are equivalent to IATA
Level 3. See FN 1. The FAA reiterates that the relief provided in
the March 16, 2020, notice (85 FR 15018), the April 17, 2020, notice
(85 FR 21500), the October 7, 2020, notice (85 FR 63335), and this
policy statement, extends to all allocated slots, including slots
allocated by exemption.
\3\ Notice of Limited Waiver of the Slot Usage Requirement, 85
FR 15018 (Mar. 16, 2020).
\4\ Notice of Extension of Limited Waiver of the Minimum Slot
Usage Requirement, 85 FR 21500 (Apr. 17, 2020); Extension of Limited
Waiver of the Minimum Slot Usage Requirement, 85 FR 63335 (Oct. 7,
2020); and FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
\5\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
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The FAA issued a notice on September 16, 2021, inviting comment on
its proposal to extend through March 26, 2022, the COVID-19-related
limited, conditional waiver of the minimum slot usage requirement at
United States (U.S.) slot controlled and IATA Level 2 airports that the
FAA has already made available through October 30, 2021, for
international operations only.\6\ In its proposal the FAA explained it
would generally evaluate any request for relief from U.S. carriers for
the Winter 2021/2022 scheduling season based on historical levels of
operations to foreign points as demonstrated in published schedules and
that domestic carriers seeking relief for a particular operation under
the waiver will need to provide the FAA, if not readily apparent from
FAA records and historic published schedule data, alternative
supplemental information that predates FAA's proposal to demonstrate
intent to use a slot or approved operating time for an international
destination. The notice explained that international operations
eligible for a waiver at U.S. slot-controlled and IATA Level 2 airports
under FAA's proposal would be subject to all of the same conditions and
policies already in effect, with minor modifications.
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\6\ Notice of proposed extension of a limited, conditional
waiver of the minimum slot usage requirement for all international
operations, 86 FR 52114 (Sep. 20, 2021).
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In addition, the FAA invited comment and supporting information to
demonstrate why the FAA should or should not finalize its proposed
decision. In particular, U.S. carriers were invited to provide
individualized responses to several questions concerning FAA's proposal
and the continuing need for relief due to COVID-19.
Current COVID-19 Situation
Since FAA's January 13, 2021, policy statement granting a limited,
conditional extension of COVID-19-related relief at slot-controlled
airports and IATA Level 2 airports in the United States, COVID-19 has
continued to cause disruption globally and the timeline for recovery
from this global pandemic remains uncertain. The World Health
Organization (WHO) reports COVID-19 cases in more than 200 countries,
areas, and territories worldwide.\7\ For the week ending October 10,
2021, the WHO reported 2.8 million new COVID-19 cases and just over
46,000 new deaths, bringing the cumulative total to more than 237
million reported COVID-19 cases and more than 4.8 million deaths
globally since the start of the COVID-19 pandemic.\8\
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\7\ <a href="https://covid19.who.int/table">https://covid19.who.int/table</a>.
\8\ COVID-19 weekly epidemiological update, October 13, 2021,
available at: <a href="https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports">https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports</a>. See also <a href="https://covid19.who.int/for">https://covid19.who.int/for</a> WHO COVID-19 Dashboard with the most current
number of cases reported.
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The WHO reports that it is monitoring multiple variants globally;
currently the WHO has classified four different variants as ``variants
of concern'' and two different variants as ``variants of interest.''
\9\ The Center for Disease Control (CDC) is monitoring all variants of
COVID-19 in the United States.\10\ The CDC has listed the Delta variant
as a variant of concern and warns that it spreads more easily and
quickly and may cause more severe cases than the other variants.\11\
However, the CDC reports that so far, studies suggest that the current
Food and Drug Administration (FDA)-approved or authorized vaccines do
work against the circulating variants.\12\
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\9\ <a href="https://www.who.int/en/activities/tracking-SARS-CoV-2-variants/">https://www.who.int/en/activities/tracking-SARS-CoV-2-variants/</a>.
\10\ Center for Disease Control (CDC), About Variants of the
Virus that Causes COVID-19, available at: <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html</a>.
\11\ Id.
\12\ Id. See also <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html</a>.
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On January 21, 2021, President Biden announced the National
Strategy for the COVID-19 Response and Pandemic Preparedness, a
national strategy to beat the COVID-19 pandemic.\13\ The strategy is a
comprehensive plan that starts with restoring public trust and mounting
an aggressive, safe, and effective vaccination campaign while
continuing with the steps that stop the spread like expanded masking,
testing, and social distancing. On September 9, 2021, President Biden
announced a six-pronged approach to expand vaccinations, provide
booster shots, keep schools safely open, increase testing and masking,
protect the economic recovery, and improve care for those with COVID-
19.\14\
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\13\ <a href="https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf</a>.
\14\ President Biden's COVID-19 Plan [bond] The White House.
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Currently three COVID-19 vaccines have been authorized for
emergency use or approved by the FDA.\15\ As of October 17, 2021, 57
percent of Americans are fully vaccinated and 65.9 percent of Americans
have received at least one dose.\16\ Increased rates of vaccination in
the U.S., along with other measures to stop the spread have resulted in
an overall decline of the U.S. COVID-19 infection rate since the
previous COVID-19 waiver proceeding. However, cases increased again
following the U.S. reaching its lowest rates of infection experienced
since the week of March 16, 2020 (79,358 confirmed new cases for the
week of June 14, 2021, reflected the lowest rate of infection since the
week of March, 16, 2020).\17\ When the FAA extended COVID-19-related
relief on January 13, 2021, the number of confirmed new cases of COVID-
19 in the U.S. for the week of January 11, 2021, based on WHO data, was
1,580,016.\18\ For the week of October 3, 2021, which is the most
recent week for which data is available, the WHO reports 653,837
confirmed new cases in the United States.\19\
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\15\ <a href="https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines">https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines</a>.
\16\ CDC, COVID-19 Vaccinations in the United States, updated
October 17, 2021, available at: <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations">https://covid.cdc.gov/covid-data-tracker/#vaccinations</a>.
\17\ <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</a>.
\18\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season.
(Docket No. FAA-2020-0862-0302). See also <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</a>.
\19\ COVID-19 weekly epidemiological update, October 13, 2021,
available at: <a href="https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports">https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports</a> See also <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</a>.
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The U.S. is attempting to distribute vaccines globally to help
vaccination numbers improve.\20\ On August 18, 2021, President Biden
announced that in the months of June and July the United States had
donated 100 million doses and that in the coming months of fall and
early winter another 100 million boosters and 200 million
[[Page 58136]]
additional doses will be donated to other countries.\21\
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\20\ <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/03/statement-by-president-joe-biden-on-global-vaccine-distribution/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/03/statement-by-president-joe-biden-on-global-vaccine-distribution/</a>.
\21\ <a href="https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/08/18/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-2/">https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/08/18/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-2/</a>.
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The United States is moving to a system of vaccine verification to
facilitate international travel to/from the United States. There remain
a number of travel advisories and foreign government restrictions that
are affecting the demand and operational flexibility of U.S. and
foreign carriers that serve Level 2 and Level 3 airports from some
international destinations.
Standard Applicable to This Waiver Proceeding
The FAA reiterates the standards applicable to petitions for
waivers of the minimum slot usage requirements in effect at DCA, JFK,
and LGA, as discussed in FAA's initial decision granting relief due to
COVID-19 impacts.\22\ At JFK and LGA, each slot must be used at least
80 percent of the time.\23\ Slots not meeting the minimum usage
requirements will be withdrawn. The FAA may waive the 80 percent usage
requirement in the event of a highly unusual and unpredictable
condition that is beyond the control of the slot-holding air carrier
and which affects carrier operations for a period of five consecutive
days or more.\24\
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\22\ See 85 FR 15018 (Mar. 16, 2020).
\23\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 (Sep. 18, 2020); Operating Limitations at New
York LaGuardia Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
\24\ At JFK, historical rights to operating authorizations and
withdrawal of those rights due to insufficient usage will be
determined on a seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement of the applicable
season. See JFK Order, 85 FR at 58260. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at
58257.
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At DCA, any slot not used at least 80 percent of the time over a
two-month period also will be recalled by the FAA.\25\ The FAA may
waive this minimum usage requirement in the event of a highly unusual
and unpredictable condition that is beyond the control of the slot-
holding carrier and which exists for a period of nine or more days.\26\
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\25\ See 14 CFR 93.227(a).
\26\ See 14 CFR 93.227(j).
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When making decisions concerning historical rights to allocated
slots, including whether to grant a waiver of the usage requirement,
the FAA seeks to ensure the efficient use of valuable aviation
infrastructure while maximizing the benefits to airport users and the
traveling public. This minimum usage requirement is expected to
accommodate routine cancelations under all but the most unusual
circumstances. Carriers proceed at risk if, at any time prior to a
final decision, they make decisions in anticipation of the FAA granting
a slot usage waiver.
Summary of Comments and Information Submitted
The FAA received comments on the proposal from 32 stakeholders and
other persons including IATA, Airlines for America (A4A), the Cargo
Airline Association (CAA), Airports Council International-North America
(ACI-NA), Port Authority of New York and New Jersey (PANYNJ),
Metropolitan Washington Airports Authority (MWAA), Exhaustless Inc.
(Exhaustless), 4 U.S. carriers, 12 foreign carriers, 7 individuals, and
2 anonymous commenters.\27\ A majority of commenters including IATA,
A4A, and all commenting U.S. and foreign carriers except for CAA,
generally support FAA's proposal though some commenting carriers have
requested certain modifications. In addition, the FAA received one
clarifying question from PaxEx.Aero.
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\27\ The FAA notes that two carriers submitted comments marked
as containing proprietary information (PROPIN). The information
contained within these comments was consistent with information
submitted by other airline industry commenters. The FAA will
maintain the confidentiality of this information to the extent
permitted by law.
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Commenters Who Support FAA's Proposal
MWAA, EVA Air, Etihad Airways, Lot Polish Airlines, China Airlines,
Singapore Airlines, Aer Lingus, Air New Zealand, British Airways, and
Emirates commented supporting FAA's proposal. MWAA supports ``the FAA's
decision to limit the continuation of the conditional waiver to
international operations'' and that the ``restoration of the 80 percent
slot utilization requirement for domestic operations recognizes that
domestic air travel is rebounding.'' The foreign carriers that
commented in support of FAA's proposal generally stated that
international demand for air travel has not yet recovered from COVID-
19-related impacts and that FAA's proposal provides the airline
community needed flexibility and supports the long-term viability of
airlines operations and networks.
Commenters Who Support FAA's Proposal With Requested Modifications
Avianca Airlines, Delta Air Lines (Delta), A4A, IATA, ACI-NA,
Iberia Airlines, Tap Air Portugal, PANYNJ, Spirit Airlines (Spirit),
United Airlines (United), Southwest Airlines (Southwest), and one
individual support FAA's proposal but made additional requests or
comments. IATA states that it agrees with the FAA that ``the industry
has not seen any meaningful recovery from the circumstances it faced
when the FAA last provided a waiver for the Summer 2021 season.'' IATA
believes that this ``combined with the late notice of this relief so
close to season start, warrants the full, conditional waiver to be
extended for the Winter 2021-22 season.'' However, IATA states that it
``believes that the WASB offers the most sustainable solution.'' \28\
In addition IATA asks the FAA to reconsider the proposed return date of
October 4, 2021, and to instead set the return date ``two weeks after
the publication of the final order in the Federal Register.''
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\28\ A summary of the Worldwide Airport Slot Board (WASB)
proposal for Winter 2021/2022 was included in an annex to IATA's
June 4, 2021 petition, which has been placed in the docket for this
proceeding.
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A4A supports FAA's proposal stating that it provides ``operational
certainty'', ``simplicity'', and ``fairness and equity.'' A4A submitted
additional requests including that FAA ``maintain a reciprocity
requirement'', ``incorporate flexibility into slot return rules to
allow the initial slot return deadline to be 2 weeks from the Final FR
publication'', ``clarify that the historic baseline is the Winter 2019
season'', and ``support international slot usage''. A4A requests the
FAA ``permit a two-week slot return notice requirement for the first
two weeks after a final notice is issued and thereafter revert to a
four week slot return notice requirement'' given the timing of the
final notice. A4A also asks the FAA to ``clarify that the Historic
Baseline is the Winter 2019 Season.'' Specifically, A4A asks that the
FAA to ``permit carriers to provide evidence that would demonstrate the
W19 schedule and the historical international slot times to account for
the many adjustments that must be made over time.'' In addition A4A
asks that the FAA not use the Official Airline Guide data published at
the time the final notice is issued because ``the U.S. is one of the
last countries to finalize a W21 policy and carriers have already taken
action to adjust some published schedules based on previous slot return
deadlines imposed by foreign jurisdictions.'' Finally, A4A asks that
the FAA support international slot usage by giving carriers ``the
ability to utilize one-half of a historic international slot pair and
waive the
[[Page 58137]]
other half to maximize utilization of planned operations.''
Delta supports the FAA's proposal stating that ``COVID-19 continues
to cause disruption in global air travel and the timeline for recovery
remains fluid and unpredictable.'' Noting that ``in contrast to the
resurgence of domestic travel we are seeing in the United States, the
global pandemic continues to depress international air travel demand--
necessitating the extension of the existing slot waiver framework for
international flying.'' While Delta fully supports the Department's
proposal in principle, Delta asks ``the Department to modify the
initial October 4, 2021 slot return deadline proposed in the notice to
avoid compliance issues.'' Specifically, Delta asks for a two-week
extension of the four-week advance slot return condition of the waiver.
Finally, Delta provided responses to the individualized questions posed
to carriers in FAA's proposal.
United commented that it adopts and incorporates by reference the
comments filed by A4A as well as supports and endorses IATA's comments
supporting the full season extension of FAA's existing conditional
waiver. United supports FAA's proposal stating that ``the proposed
COVID-19 Relief Notice continues to recognize the importance to
international commerce of granting reciprocal waivers and the
significance of affording parallel relief to Level 2 and Level 3
airports and promotes certainty, stability, and fairness across the
industry.'' In addition, United urges the FAA ``to not grant slot
historic status/historic precedence at Level 3 airports or priority
consideration at Level 2 airports to ad hoc movements allocated during
the Winter 2020 season unless the airport is below the declared
capacity limit at the time of the ad hoc movement.'' Moreover, United
disagrees that COVID-19 is causing structural and operational changes
to the airline industry and asserts that ``the pandemic is not the new
normal.'' Finally, United provided responses to the individualized
questions posed to carriers in FAA's proposal.
Spirit comments that it supports FAA's proposal to end the
``limited, conditional waiver of the minimum slot usage requirement for
domestic operations.'' Spirit notes that it does not oppose continuing
the waiver ``for an additional season for international operations.''
However, Spirit states that it ``assumes the FAA will continue to
approve operations by carriers that have been operating with otherwise
unused international slots and authorizations during the current season
to continue using those operating times if the holder does not
reinstate service for the Winter 21-22 season.'' In addition, Spirit
states that it ``supports the FAA's plan to require domestic carriers
to establish that specific slot/authorizations were in fact used for
international operations pre-pandemic.'' Spirit asks the FAA ``to
remain vigilant to prevent large domestic slot holders to use loopholes
to retain slots/authorizations using a range of anticompetitive
tricks.''
Southwest supports FAA's proposal stating that ``recognizing that
numerous COVID-related circumstances continue to inhibit international
air travel uniquely, the DOT has wisely limited its proposed waiver of
slot usage requirements to international operations.'' In addition,
Southwest believes that FAA's decision not to grant further COVID-
related usage waivers for domestic operations will increase competition
which will benefit ``travelers, airports, communities, and the national
economy.''
ACI-NA is supportive of FAA's proposal to ``restore slot
utilization requirements for domestic flight beginning in W21.'' ACI-NA
points out that the FAA has stated that ``there may come a point in
time which ongoing waivers to preserve pre-COVID slot holdings could
impede the ability of airports and airlines to provide services that
may benefit the economy'' and ACI-NA believes ``the end of W21 is that
point in time.''
PANYNJ supports FAA's decision to extend slot usage waivers for
international operations only for the Winter 2021/2022 Scheduling
Season. PANYNJ states that the decision to enforce utilization
requirements for domestic flight ``reflects the strong recovery in
domestic demand and will serve the public interest by ensuring valuable
airport infrastructure is used to deliver crucial air service to our
customers and help drive our region's economic recovery.'' PANYNJ
requests ``greater visibility and information relative to returned
capacity and reallocation under the usage waivers.'' In addition,
PANYNJ asserts that ``carriers that have clearly and publicly
communicated the indefinite discontinuation of operations at capacity
constrained airports should not be waiver eligible without clear
documentation to both FAA and the airport operator of plans to
recommence operations within a reasonable timeframe'' and otherwise
PANYNJ recommends ``the slots be returned to the pool for re-
allocation.''
Avianca Airlines supports FAA's proposal however requests more
flexibility in the usage threshold, such as a ``50/50'' minimum usage
requirement, for slots newly allocated for W21. Iberia Airlines
supports FAA's proposal and asserts that ``the recovery period has not
yet arrived and that we are still in a period of uncertainty and
waiting for demand.'' In addition, Iberia requests the reciprocity as a
condition be removed. Tap Air Portugal supports FAA's proposal but
notes that it will ``have to fight for the reciprocity in the EU, to
have real benefits from the relief.''
Commenters Who Oppose the FAA's Proposal
CAA, seven individuals, two anonymous commenters, and Exhaustless
oppose FAA's proposal to continue COVID-19-related relief for
international operations only.
CAA opposes FAA's proposal to extend relief from minimum slot usage
requirement for international operations. CAA submits that it is ``in
the public interest for the FAA to require carriers that cannot use
slots or timings in Winter 2021/2022 Season to return them to the FAA
permanently.'' CAA states that it is ``fully aware of the daunting
operating challenges facing both airports and airlines in an
environment poisoned by COVID'' and that ``airlines should not be
penalized for their temporary inability to fully utilize their slots
and other operating rights as a result of government travel
restrictions and drastically reduced passenger demand caused by the
COVID pandemic.'' However, CAA believes that ``the high demand for air
cargo and the location and time sensitive nature of the demand for e-
commerce air cargo deliveries mean that air cargo services need the
opportunity to secure slots and authorizations at peak times with
historic rights to close in airports in the northeast as ever before.''
CAA states that ``the ad hoc slots and authorizations that waivers have
made available do not substitute for slots or approved operating times
that have a greater likelihood of securing long-term access for
association members.'' In addition, due to the continued national
emergency and the roll of all-cargo industry, CAA asserts that ``the
slots or authorizations at Level 2 airports not needed by passenger
airlines should be available for temporary allocation to cargo airlines
rather than being un- or underused.'' Moreover, CAA urges the FAA to
consider ``a longer-term solution to avoid serial, last-minute renewals
of slot use waivers in the future'' and ``begin working toward a long-
term plan on rights reallocation to account for the need for expansions
and retiming of all-cargo services as an important component of
competition.'' Finally,
[[Page 58138]]
CAA asks that if the FAA extends a limited waiver, that the FAA
``clearly define the basis any U.S. carrier might use to claim a
waiver; describe how it will evaluate whether any individual slot or
authorization will qualify for a waiver; and permit further public
comment on those criteria.''
The individual and anonymous commenters believe that demand for
domestic air travel has not recovered to a point that warrants
discontinuing relief and that FAA's proposal will result in unnecessary
flights that would be detrimental from an environmental perspective.
However, one individual commenter states that they ``oppose continued
slot usage relief'' because ``gate space is a scarce resource and the
FAA should make every effort to utilize this space to maximize
productivity and encourage economic recovery with airlines who believe
they can successfully repurpose this space.'' This individual commenter
states that they ``favor JetBlue's opinion that the DOT/FAA enable a
case-by-case evaluation for limited exemptions based on extreme
circumstances such as boarder [sic] closure or conditions of entry that
represent de facto border closure.''
Exhaustless opposes FAA's proposal as unlawful, contending the FAA
has no authority to administer runway slots or manage schedules and
that ``[t]he only decision before the FAA is whether to voluntarily
continue to violate the law or to extricate itself from this regulatory
taking and illegal subsidy to a conspiracy.''
Clarifying Question
PaxEx.Aero sent an email to the FAA slot office on September 17,
2021, asking the FAA to clarify how the Agency will ``determine what
slots are international service'' and if it will be ``from 2019/2020
scheduled levels.'' The FAA sent a response email on September 20,
2021, that quoted the portion of FAA's proposal that addressed
PaxEx.Aero's question. A copy of the communication has been included in
the docket of this proceeding.
Discussion of Continued Relief for International Operations Only for
the Winter 2021/2022 Scheduling Season
At the present time, U.S. domestic air travel demand and U.S.
vaccination rates have reached a level that the FAA believes no longer
justifies COVID-19-related slot usage relief domestically. However,
COVID-19 continues to present a highly unusual and unpredictable
condition for international operations that is beyond the control of
carriers. As demonstrated in comments submitted by carriers and
industry advocates, passenger demand for international air travel
continues to be depressed as a result of COVID-19. The continuing
impacts of COVID-19 on global aviation are dramatic and extraordinary,
with an unprecedented decrease in passenger demand for international
air travel globally.
As with the proposal, the FAA acknowledges the need for slot
holders to have some flexibility in decision-making, in regard to
international operations, as the severe impacts of the COVID-19
pandemic continue globally, but note it is not the policy of the
Department of Transportation (DOT) to use slot and Level 2 rules to
reserve capacity for historic incumbent carriers until demand returns
to predetermined levels. Instead, it is the policy of the DOT to
encourage high utilization of scarce public infrastructure. Under the
established standard, slot usage waivers are generally used to address
short-term, unpredictable shocks to demand or capacity that are beyond
carriers' control. After 19 months of experience, the DOT believes it
is becoming apparent that COVID-19 is causing structural and
operational changes to the airline industry; the industry is adapting;
and the issuance of waivers should not hinder that adaptation. As
previously stated, at some point in time, repeated waivers to preserve
pre-COVID slot holdings will impede the ability of airports and
airlines to provide services that benefit the overall national economy
and make appropriate use of scarce public assets. Therefore, the FAA
emphasizes that operators should not assume further relief on the basis
of COVID-19 for international operations will be forthcoming beyond the
end of the Winter 2021/22 scheduling season.
Based on the comments received in this proceeding, the FAA has
determined to make available to slot holders at DCA, JFK, and LGA a
waiver from the minimum slot usage requirements, for international
operations only, due to continuing COVID-19 impacts through March 26,
2021, subject to the following conditions:
(1) All slots not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these slots on an ad hoc basis
without historic precedence. As explained further below, compliance
with this condition is required for operations scheduled from November
22, 2021, through the duration of this relief; therefore, carriers must
begin notifying the FAA of Winter returns by October 25, 2021. Slots
operated as approved on a non-historic basis in Winter 2021/2022 will
be given priority over new demands for the same timings in the next
equivalent season (Winter 2022/2023) for use on a non-historic basis,
subject to capacity availability and consistent with established rules
and policies in effect in the United States.<SUP>29 30</SUP> Foreign
carriers seeking priority under this provision will be required to
represent that their home jurisdiction will provide reciprocal priority
to U.S. carrier requests of this nature.
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\29\ Consistent with the FAA's final policy statement issued
January 13, 2021, this priority applies to slot or schedule requests
for Winter 2022/2023, which are comparable in timing, frequency, and
duration to the non-historic ad hoc approvals made by the FAA for
Winter 2021/2022. This priority does not affect the historic
precedence or priority of slot holders and carriers with schedule
approvals, respectively, which meet the conditions of the waiver
during Winter 2021/2022 and seek to resume operating in Winter 2022/
2023. The FAA may consider this priority in the event that slots
with historic precedence become available for permanent allocation
by the FAA.
\30\ Although the FAA is extending the four-week rolling return
policy consistent with the Summer 2021 waiver, any carrier returning
full-season slots or schedule approvals at an airport outside the
United States and associated with a route to the United States will
generally be expected to similarly return the complementary full-
season U.S. slot or schedule approval to the FAA for re-allocation
on a non-historic or ad hoc basis.
---------------------------------------------------------------------------
(2) The waiver does not apply to slots newly allocated for initial
use during the Winter 2021/2022 season. New allocations meeting minimum
usage requirements remain eligible for historic precedence. The waiver
does not apply to historic in-kind slots within any 30-minute or 60-
minute time period, as applicable, in which a carrier seeks and obtains
a similar new allocation (i.e., arrival or departure, air carrier or
commuter, if applicable); and,
(3) The waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) since October
15, 2020, for the duration of the transfer.\31\ Slots transferred prior
to this date may benefit from the waiver if all other conditions are
met. Slots granted historic precedence for subsequent seasons based on
this relief are not eligible for transfer if the slot holder ceases all
operations at the airport.
---------------------------------------------------------------------------
\31\ The FAA has determined not to revise this condition to
include a buffer period for new transfers to be completed and still
benefit from this waiver. Therefore, this policy will remain in
effect continuously from the initial effective date of October 16,
2020.
---------------------------------------------------------------------------
In addition, an exception may be granted to these conditions based
on any government restriction that prevents or severely restricts
international travel to specific airports, destinations (including
intermediate points) or
[[Page 58139]]
countries for which the slot was held. This exception applies under
extraordinary circumstances only in which a carrier is able to
demonstrate that the ability to operate a particular flight or comply
with the conditions of the proposed waiver is prevented or severely
restricted due to an unpredictable official governmental action related
to COVID-19. This exception includes minor modifications compared to
the exception currently in effect for the Summer 2021 season.\32\ The
FAA seeks to provide greater flexibility in allowing exceptions under
certain circumstances based on issues that have arisen in the course of
implementing the relief currently available. Official government
actions that may qualify for this exception, include--
---------------------------------------------------------------------------
\32\ See FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
---------------------------------------------------------------------------
<bullet> Government travel restrictions based on nationality,
closed borders, government advisories related to COVID-19 that warn
against all but essential travel, or complete bans on flights from/to
certain countries or geographic areas.
<bullet> Government restrictions related to COVID-19 on the maximum
number of arriving or departing flights and/or the number of passengers
on a specific flight or through a specific airport.
<bullet> Government restrictions on movement or quarantine/
isolation measures within the country or region where the airport or
destination (including intermediate points) is located.
<bullet> Government-imposed closure of businesses essential to
support aviation activities (e.g., closure of hotels, ground handling
suppliers, etc.).
<bullet> Governmental restrictions on airline crew, including
unreasonable entry requirements or unreasonable testing and/or
quarantine measures.
This exception is being administered by the FAA in coordination
with the Office of the Secretary of Transportation (OST). The
extraordinary circumstances exception in this slot usage relief is
limited to the scope of the relief otherwise provided by this waiver;
U.S. carriers should not expect to rely on the extraordinary
circumstances exception for relief for domestic operations.
Moreover, the FAA has determined to extend through Match 26, 2021,
its COVID-19-related policy for prioritizing flights canceled at
designated IATA Level 2 airports in the United States (EWR, LAX, ORD
and SFO), for purposes of establishing a carrier's operational baseline
in the next corresponding season, subject to the following conditions:
(1) All schedules as initially submitted by carriers and approved
by the FAA and not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these times on an ad hoc basis
without historic precedence. Compliance with this condition is required
for operations scheduled from November 22, 2021, through the duration
of this relief; therefore, carriers must begin notifying the FAA of
Winter returns by October 25, 2021. Schedules operated as approved on
an ad hoc basis in Winter 2021/2022 will be given priority over new
demands for the same timings in the next equivalent season (Winter
2022/2023) for use on an ad hoc basis, subject to capacity availability
and consistent with established rules and policies in effect in the
United States. Foreign carriers seeking priority under this provision
are required to represent that their home jurisdiction will provide
reciprocal priority to U.S. carrier requests of this nature; and,
(2) The priority for FAA schedules approved for Winter 2021/2022
does not apply to net-newly approved operations for initial use during
the Winter 2021/2022 season. New approved times will remain eligible
for priority consideration in Winter 2022/2023 if actually operated in
Winter 2021/2022 according to established processes.
Consistent with the final decision for slot-controlled airports,
limited exceptions may be granted from either or both of these
conditions at Level 2 airports under extraordinary circumstances due to
any government restriction that prevents or severely restricts travel
to specific airports, destinations (including intermediate points), or
countries for which the slot was held, as discussed previously with
respect to slot-controlled airports. If the exception is determined not
to apply, carriers will be expected to meet the conditions for relief
or operate consistent with standard expectations for the Level 2
environment.
The FAA believes a conditional extension of relief for
international operations only, through March 26, 2022, is reasonable
due to fluctuating travel restrictions and ongoing economic and health
impacts of COVID-19 internationally. The proposed relief is expected to
provide carriers with flexibility during this unprecedented situation
and to support the long-term viability of international operations at
slot-controlled and IATA Level 2 airports in the United States.\33\
Continuing relief for this additional period is reasonable to mitigate
the impacts on passenger demand for international air travel resulting
from the spread of COVID-19 worldwide.
---------------------------------------------------------------------------
\33\ The FAA is responsible to develop plans and policy for the
use of navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport, 85
FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
---------------------------------------------------------------------------
The current waiver policy was developed based on a balancing of
various conflicting stakeholder interests to the extent permissible and
within the bounds of the current slot rules and schedule policies in
effect in the United States. None of the comments supporting
alternative proposals have persuaded the FAA that this policy should be
supplanted or discontinued at this juncture of the ongoing COVID-19
emergency. The FAA believes the conditions associated with the relief
provided to date and in this decision are generally comparable to the
WASB package and remain necessary to strike a balance between competing
interests of incumbent carriers and those carriers seeking new or
increased access at these historically-constrained airports, as well as
to ensure the relief is appropriately tailored to reduce the potential
to suppress flight operations for which demand exists.
Discussion of Comments Regarding Administering Relief Under This Waiver
The FAA received comment requesting clarification on how it will
evaluate whether any individual slot or schedule approval will qualify
for a waiver and whether the Winter 2019/2020 season would be used to
establish a carrier's historic international operational baseline. The
conditional relief described in this notice is available for
international operations that would have been operated in the Winter
2021/2022 season, but for COVID-19 impacts. This conditional relief is
available to domestic carriers on a scale that is generally comparable
to each carrier's pre-COVID level of international service. The FAA
will generally evaluate any request for relief from U.S. carriers for
the Winter 2021/2022 scheduling season based on historical levels of
operations to foreign points as demonstrated in published schedules
from the Winter 2019/2020 scheduling season. Domestic carriers seeking
relief for a particular operation
[[Page 58140]]
under the waiver will need to provide the FAA, if not readily apparent
from FAA records and historic published schedule data, alternative
supplemental information that predates FAA's proposal (86 FR 52114) to
demonstrate intent to use a slot or approved operating time for an
international destination. The FAA will not accept evidence of intent
to use a particular slot or approved operating time for an
international flight during the Winter 2021/2022 season, if the
information is dated after FAA's proposal issued September 16, 2021.
The FAA is persuaded by commenters that have requested the FAA
modify the initial October 4, 2021, slot return deadline due to
compliance issues attributable to the timing of FAA's final waiver
decision. The slot return deadline, as proposed, would have required
airlines to return slots associated with flights to be operated on
November 1, 2021, by October 4, 2021 (i.e., four weeks in advance). Due
to the timing of this final notice, the FAA will require compliance
with the 4-week advance slot return condition for operations scheduled
from November 22, 2021 (instead of from October 31, 2021) through the
duration of the Winter 2021/2022 season. Accordingly, carriers must
begin notifying FAA of Winter returns by October 25, 2021 (instead of
October 4, 2021). The FAA believes this change is reasonable because it
would be impracticable for carriers to meet the proposed October 4,
2021, return deadline given the timing of the FAA's final waiver
policy.
The FAA also received a comment requesting carriers be given
flexibility to ``utilize one-half of a historic international slot pair
and waive the other half to maximize utilization of planned
operations.'' The FAA administers slots and schedule approvals on an
individualized basis, not as slot pairs. Indeed, some slot allocations
or schedule approvals are paired with operations outside of slot-
controlled or schedule-facilitated hours. Due to slots not being
administered in pairs the flexibility requested is already built into
the underlying rules and waiver policy. Carriers therefore will have
flexibility to and are encouraged to, operate any individual slot or
schedule approval that does not necessitate this relief.
In addition, the FAA received a comment requesting that the FAA
``not grant slot historic status/historic precedence at Level 3
airports or priority consideration at Level 2 airports to ad hoc
movements allocated during the Winter 2020 season unless the airport is
below the declared capacity limit at the time of the ad hoc movement.''
The FAA notes that the conditions of this waiver provide that slots
operated as approved on a non-historic basis in Winter 2021/2022 will
be given priority over new demands for the same timings in the next
equivalent season (Winter 2022/2023) for use on a non-historic basis,
subject to capacity availability and consistent with established rules
and policies in effect in the United States (emphasis added). However,
the FAA further notes that this stated priority was initially added in
FAA's Summer 2021 Policy Statement.\34\ The FAA has flexibility under
usual rules and procedures to apply the priority even in the absence of
this.
---------------------------------------------------------------------------
\34\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19-Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
---------------------------------------------------------------------------
Further, FAA received comment requesting that carriers that have
``clearly and publicly communicated the indefinite discontinuation of
operations at capacity constrained airports should not be waiver
eligible without clear documentation to both FAA and the airport
operator of plans to recommence operations within a reasonable
timeframe'' should be returned to the FAA for re-allocation. The FAA
noted that the third condition for slot-controlled airports expressly
states ``slots granted historic precedence for subsequent seasons based
on this relief are not eligible for transfer if the slot holder ceases
all operations at the airport.'' However, aside from the conditions
provided in this relief, other established local rules in the United
States continue to apply.
Furthermore, the FAA received comment requesting ``greater
visibility and information relative to returned capacity and
reallocation under the usage waivers.'' The FAA to date has
accommodated all ad hoc requests for operations (passenger and cargo)
under the current waiver based on continued depressed demand and
associated returns before the four-week deadline. Generally, after the
first weeks the Summer 2021 waiver was in effect, the majority of slot
and schedule returns have been made in at least one-month increments.
By June 2021, sufficient returns had been made to allow the FAA to
accommodate most requests for ad hoc flights through the end of the
season on October 30, 2021. Most of the ad hoc increases have been by
domestic and foreign air carriers for cargo operations at JFK and by
domestic carriers for passenger operations at EWR. In addition, cargo
and passenger carriers at several airports requested and were approved
for ad hoc retiming of some flights previously approved for different
times. Some of those carriers indicated these changes are intended to
reflect temporary adjustment to their network operations related to
COVID-19 impacts. Other requests for ad hoc slots or flight approval
have been primarily requests for restoration of short-term flights that
were previously returned and additional flights often identified as
repatriation or special cargo flights. Despite significant returns, the
FAA has not received any requests for ad hoc flights at DCA and only a
small number of requests for ad hoc flights at LGA beyond limited
inquiries from carriers seeking permanent slot allocations.
Finally, the FAA received comments from some individuals and
anonymous commenters suggesting that relief should be continued for
domestic operations. The FAA notes that no U.S. carrier or industry
advocate has petitioned the FAA for such continued relief for domestic
operations. Indeed, comments from industry reflect a consensus view
that demand in the United States for domestic travel is rebounding and
further relief would be detrimental to recovery.
Discussion of Additional Issues Raised in Comments
The FAA received individualized responses from some carriers to the
questions posed to carriers in FAA's proposal. This information will be
useful in FAA's administration of this waiver and the additional
information provided is consistent with the policy in this final
notice. To the extent that some commenters question FAA's authority to
manage slots and facilitate schedules or seek to supersede this
proceeding entirely by encouraging the federal government to establish
broader aviation industry recovery policies and/or change the
regulatory policy landscape for managing slots and schedule
facilitation in the United States, such comments are deemed to be
outside the scope of this proceeding.
Decision
The FAA has determined to extend through March 26, 2022, the COVID-
19-related limited, conditional waiver of the minimum slot usage
requirement at JFK, LGA, and DCA that the FAA has already made
available through October 30, 2021, for international operations only.
Similarly, the FAA has determined to extend through March 26, 2022, its
COVID-19-related limited, conditional policy for prioritizing flights
canceled at designated IATA Level 2 airports in the United States (EWR,
[[Page 58141]]
LAX, ORD, and SFO), for purposes of establishing a carrier's
operational baseline in the next corresponding season, for
international operations only. This relief is limited to slots and
approved operating times used by any carrier for international
operations only, through March 26, 2022, and will be subject to the
same terms and conditions, with minor modifications, as previously
explained herein.
As of the date of issuance of this notice, U.S. domestic air travel
demand and vaccination rates have reached a level that the FAA believes
no longer necessarily justifies COVID-19-related slot usage relief
domestically. However, COVID-19 continues to present a highly unusual
and unpredictable condition for international operations that is beyond
the control of carriers. Indeed, foreign carriers in many parts of the
world are prevented from operating to the United States due to
governmental restrictions resulting from COVID-19. The continuing
impacts of COVID-19 on global aviation are dramatic and extraordinary,
with an unprecedented decrease in passenger demand for international
air travel globally.
Therefore, the FAA believes an extension of conditional relief for
international operations only, through March 26, 2022, is reasonable
due to fluctuating travel restrictions and ongoing economic and health
impacts of COVID-19 internationally. The available relief is expected
to provide carriers with flexibility during this unprecedented
situation and to support the long-term viability of international
operations at slot-controlled and IATA Level 2 airports in the United
States.\35\ Continuing relief for this additional period is reasonable
to mitigate the impacts on passenger demand for international air
travel resulting from the spread of COVID-19 worldwide.
---------------------------------------------------------------------------
\35\ The FAA is responsible to develop plans and policy for the
use of navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport, 85
FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
---------------------------------------------------------------------------
While the FAA is providing continued, conditional, relief through
the Winter 2021/2022 season for international operations, carriers
should not assume that further relief will be forthcoming beyond the
end of the Winter 2021/2022 scheduling season. The FAA will review the
facts and circumstances at the time of any future waiver requests;
however, the FAA will also continue to consider the importance of
providing access to the Nation's congested airports where there is
capacity available. Slots are a scarce resource. Slot usage waivers
accordingly are reserved for extraordinary circumstances. Even during
an extraordinary period such as the COVID-19 pandemic, carriers should
utilize their slots and operating authorizations efficiently, in
accordance with established rules and policy, or relinquish those slots
and authorizations to the FAA so that other carriers willing and able
to make use of them can do so. The FAA cautions all carriers against
altering plans for usage at slot-controlled and Level 2 airports in
reliance upon a presumption that additional relief will be forthcoming,
which is a decision on which the FAA has not made at this time. The
presumption that carriers should apply in preparing for operations in
future scheduling seasons is compliance with standard slot management
and schedule facilitation processes.
The FAA reiterates its expectation that foreign slot coordinators
will provide reciprocal relief to U.S. carriers. To the extent that
U.S. carriers fly to a foreign carrier's home jurisdiction and that
home jurisdiction does not offer reciprocal relief to U.S. carriers,
the FAA may determine not to grant a waiver to that foreign carrier.
The FAA acknowledges that some foreign jurisdictions may opt to adopt
more strict provisions in response to this policy than they had
otherwise planned. However, as previously explained, the FAA believes
the conditions associated with the relief provided in this policy are
necessary to strike a balance between competing interests of incumbent
carriers and those carriers seeking new or increased access at these
historically-constrained airports, as well as to ensure the relief is
appropriately tailored to reduce the potential for a long-term waiver
to suppress flight operations for which demand exists. A foreign
carrier seeking a waiver may wish to ensure that the responsible
authority of the foreign carrier's home jurisdiction submits a
statement by email to <a href="/cdn-cgi/l/email-protection#c99aaaa1acadbca5ac8fa0a5a0a7ae89ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="114272797475647d7457787d787f7651757e653f767e67">[email protected]</span></a> confirming reciprocal
treatment of the slot holdings of U.S. carriers
The FAA emphasizes that it strongly encourages carriers to return
slots and approved schedules voluntarily as soon as possible and for as
long a period as possible during the Winter 2021/2022 season, so that
other airlines seeking operations on an ad hoc basis may do so with
increased certainty. The rolling four-week return deadline is only a
minimum requirement, and FAA anticipates that carriers may often be
able to provide notice of cancellations significantly further in
advance than four weeks. In both the Level 2 and slot-controlled
environments, the FAA seeks the assistance of all carriers to continue
to work with the FAA to ensure the national airspace system capacity is
not underutilized during the COVID-19 pandemic.
Carriers should advise the FAA Slot Administration Office of COVID-
19-related cancellations and return the slots to the FAA by email to <a href="/cdn-cgi/l/email-protection#43746e2234226e302f2c3722272e2a2d032522226d242c35"><span class="__cf_email__" data-cfemail="6c5b410d1b0d411f0003180d080105022c0a0d0d420b031a">[email protected]</span></a> to obtain relief. The information provided should
include the dates for which relief is requested, the flight number,
origin/destination airport, scheduled time of operation, the slot
identification number, as applicable, and supporting information
demonstrating that flight cancellations directly relate to the COVID-19
pandemic. Carriers providing insufficient information to clearly
identify slots that will not be operated at DCA, JFK, or LGA will not
be granted relief from the applicable minimum usage requirements.
Carriers providing insufficient information to identify clearly changes
or cancellations from previously approved schedules at EWR, LAX, ORD,
or SFO will not be provided priority for future seasons.
Issued in Washington, DC, on October 18, 2021.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2021-22988 Filed 10-18-21; 4:15 pm]
BILLING CODE 4910-13-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.