Notice2022-04429
COVID-19 Related Relief Concerning International 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 Summer 2022 Scheduling Season
Primary source
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Published
March 2, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to extend through October 29, 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 March 26, 2022, for international operations only. Similarly, the FAA proposes to extend through October 29, 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), Los Angeles International Airport (LAX), Newark Liberty International Airport (EWR), and San Francisco International Airport (SFO). This relief would be limited to slots and approved operating times used by any carrier for international operations only, through October 29, 2022, and would be subject to the same terms and conditions, that the FAA has already applied to the relief that remains available through March 26, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 41 (Wednesday, March 2, 2022)</title>
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[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11805-11810]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04429]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2020-0862]
COVID-19 Related Relief Concerning International 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 Summer 2022 Scheduling Season
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed extension of a limited, conditional waiver
of the minimum slot usage requirement for international operations
only.
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[[Page 11806]]
SUMMARY: The FAA proposes to extend through October 29, 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
March 26, 2022, for international operations only. Similarly, the FAA
proposes to extend through October 29, 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), Los Angeles International
Airport (LAX), Newark Liberty International Airport (EWR), and San
Francisco International Airport (SFO). This relief would be limited to
slots and approved operating times used by any carrier for
international operations only, through October 29, 2022, and would be
subject to the same terms and conditions, that the FAA has already
applied to the relief that remains available through March 26, 2022.
DATES: Submit comments on or before March 7, 2022.
ADDRESSES: Submit written views and supporting data by email to the
Slot Administration Office at <a href="/cdn-cgi/l/email-protection#2d14006b6c6c007e414259007d4241444e546d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="2c15016a6d6d017f404358017c4340454f556c4a4d4d024b435a">[email protected]</span></a>.
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#57163b791a323e3b22241731363679303821"><span class="__cf_email__" data-cfemail="6e2f0240230b07021b1d2e080f0f40090118">[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 provided, the FAA has taken action to extend the relief
provided on four 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 October 18, 2021,
and is due to expire on March 27, 2022.\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); the
January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA-
2020-0862-0302); and, the October 20, 2021, notice (86 FR 58134),
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); FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302); and Extension of Limited,
Conditional Waiver of the Minimum Slot Usage Requirement for
International Operations Only, 86 FR 58134 (Oct. 20, 2021).
\5\ Extension of limited, conditional waiver of the minimum slot
usage requirement for international operations only, 86 FR 58134
(Oct. 20, 2021).
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Current COVID-19 Situation
Since FAA's notice published October 20, 2021, granting a limited,
conditional extension of COVID-19-related relief for international
operations only 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.\6\
For the week ending February 20, 2022, the WHO reported over 12 million
new COVID-19 cases and over 67,000 new deaths, bringing the cumulative
total to more than 422 million confirmed COVID-19 cases and over 5.8
million deaths globally since the start of the COVID-19 pandemic.\7\
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\6\ <a href="https://covid19.who.int/table">https://covid19.who.int/table</a>.
\7\ COVID-19 weekly epidemiological update, February 22, 2022,
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 five different variants as ``variants
of concern'' and two different variants as ``variants of interest.''
\8\ The Centers for Disease Control and Prevention (CDC) is monitoring
all variants of COVID-19 in the United States.\9\ The CDC has listed
the Omicron and Delta variants as variants of concern.\10\ The CDC
reports that all Food and Drug Administration (FDA)-approved or
authorized vaccines are expected to be effective against severe
illness, hospitalizations, and deaths from the Omicron variant of
COVID-19.\11\
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\8\ <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>.
\9\ Center for Disease Control (CDC), What You Need To Know
About Variants, 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>.
\10\ Id.
\11\ Id. See also <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/</a>.
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Currently, three COVID-19 vaccines have been authorized for
emergency use or approved by the FDA.\12\ As of February 24, 2022, 64.8
percent of Americans are fully vaccinated, and 76.3 percent of
Americans have received at least one dose.\13\ Due to substantial
efforts to increase vaccination rates across the globe, the United
States moved away from a country-by-country restriction previously
applied during the COVID-19 pandemic and adopted an air travel policy
that relies primarily on vaccination to advance the safe resumption of
international air travel to the United States.\14\ When the FAA
extended COVID-19-related relief for international operations only by
notice published October 20, 2021, the number of confirmed new cases of
COVID-19 in the U.S. for the week of October 18, 2021, based on WHO
data, was 509,330.\15\ On December 1, 2021, the first case attributable
to the Omicron variant was identified in the United
[[Page 11807]]
States.\16\ For the week of February 14, 2022, which is the most recent
week for which data is available, the WHO reports 716,884 confirmed new
cases in the United States.\17\ For the week ending on February 19,
2022, the CDC Nowcast model estimates that Omicron accounts for 99
percent of total cases.\18\
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\12\ <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>.
\13\ CDC, COVID-19 Vaccinations in the United States, updated
February 24, 2022, available at: <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations">https://covid.cdc.gov/covid-data-tracker/#vaccinations</a>.
\14\ Id. See also <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/</a>.
\15\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021). See also <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</a>.
\16\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-omicron-variant.html">https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-omicron-variant.html</a>.
\17\ <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</a>.
\18\ United States: Feb. 13, 2022-Feb. 19, 2022 NOWCAST. <a href="https://covid.cdc.gov/covid-data-tracker/#variant-proportions">https://covid.cdc.gov/covid-data-tracker/#variant-proportions</a>.
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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.\19\ At JFK and LGA, each slot must be used at least
80 percent of the time.\20\ 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.\21\
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\19\ See 85 FR 15018 (Mar. 16, 2020).
\20\ 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).
\21\ 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.\22\ 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.\23\
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\22\ See 14 CFR 93.227(a).
\23\ 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 Petitions From Stakeholder Concerning Continued COVID-19
Relief
The FAA has received four petitions regarding COVID-related relief
for the Summer 2022 season to date. The FAA received a petition from
the International Air Transport Association (IATA), a joint petition
from Airlines for America (A4A) and IATA, a joint petition from
American Airlines (American), Delta Airlines (Delta), and United
Airlines (United), and a joint petition from 31 global airlines,
including Aer Lingus, Air Canada, Air China, Air Dolomiti, Air New
Zealand, American Airlines, All Nippon Airways, Austrian Airlines,
Avianca Airlines, Azul, British Airways, Brussels Airlines, Delta Air
Lines, Edelweiss Air, Emirates, Eurowings, GOL, Iberia, KLM, Kuwait
Airways, Lufthansa, Scandinavian Airlines, Singapore Airlines, Shenzhen
Airlines, South African Airways, Swiss International Air Lines, Thai
Airways, United Airlines, Virgin Atlantic, Virgin Australia, and
WestJet Airlines.\24\ All petitions received to date request further
relief, for international operations only, through the end of the
Summer 2022 scheduling season due to the ongoing COVID-19 impacts on
demand for international air travel.
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\24\ Copies of all petitions have been placed in the docket for
this proceeding.
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IATA petitions the FAA for continued relief for international
operations, stating that relief for international traffic has ``proven
to be essential . . . considering government travel restrictions that
have evolved as the virus has spread and mutated, including during the
past weeks with the new Omicron variant.'' IATA believes that without
relief for international operations, ``airlines would have been forced
to operate services unjustified by demand to preserve historic rights
to slots that are critical to future connectivity and the consumer
choice. Further, IATA states that ``air traffic remains hugely impacted
by the COVID-19 crisis with international traffic remaining at
approximately 21 percent of pre-COVID levels year to date.'' IATA notes
that ``the Worldwide Airport Slot Board (WASB) is recommending a
framework for slot use alleviation measures for NS22 that balances the
differing speeds of regional recovery with a gradual restoration of
slot rules when appropriate for the particular market'' and attached a
copy of the WASB framework with its petition. Stopping short of
expressly advocating for the adoption of the WASB framework in the
United States, IATA asserts that within ``the U.S. international market
there are still many routes deeply impacted, which would warrant a
level of series returns and a reduced use ratio.'' Moreover, IATA
states that ``[f]or all markets, it is essential to have a robust set
of justified reasons for non-use of slots (JNUS) to manage changes in
the operating environment as the pandemic evolves.''
A4A and IATA submitted a joint petition requesting ``a waiver of
minimum usage rules for international operations at Level 2 and 3
airports and terminal facilities for the Summer 2022 season.'' A4A and
IATA state that ``international demand has not recovered'' and that
``[b]ooking trends into spring and summer 2022 not only remain weak but
slipped further since December due to the recent uptick in Omicron
cases worldwide.'' A4A and IATA note that ``[t]he transpacific market,
where many countries like Japan, South Korea, and China continue to
impose entry bans for non-citizens, saw passenger volumes down more
than 85% in December 2021, the peak of winter season.'' In addition,
A4A and IATA assert that ``[a]n international waiver by the U.S. is
needed to ensure that foreign countries provide a reciprocal waiver
abroad.''
American, Delta, and United submitted a joint petition to
``urgently request continued relief from standard international slot
usage rules during the Northern Hemisphere summer 2022 season.''
American, Delta, and United state that ``[t]he COVID-19 pandemic
continues to negatively impact worldwide air travel; the Omicron
variant has caused governments to significantly restrict or control
entry of passengers and airline crew members and unfortunately, the
future remains unpredictable.'' Attached to American, Delta, and
United's joint petition was a letter from leading international
airlines to slot regulators around the world. The attached letter,
which included 31 international airlines (including American, Delta,
and United), requests ``continued relief from standard international
slot usage rules during the Northern Hemisphere summer 2022 season.''
The carriers assert that ``[i]nternational slot relief is essential for
the full summer season which runs from March 27 through October 29.''
[[Page 11808]]
Discussion of Proposal for Continued Relief for International
Operations
In consideration of the foregoing information, the petitions that
the FAA has received, and the evolving and highly unpredictable
situation globally with respect to ongoing impacts from COVID-19, the
FAA proposes to extend, for international operations only, the current
limited, conditional relief that the FAA has already made available
through March 26, 2022, through the end of the Summer 2022 season on
October 29, 2022.\25\ This relief would be limited to slots and
approved operating times used by carriers for international operations
through October 29, 2022, and would be subject to the same terms and
conditions that the FAA has applied to the relief already made
available through March 26, 2022, which the FAA reiterates in this
notice. International operations, for the purpose of this notice, are
flights intended for operation between one of the U.S. slot-controlled
or IATA Level 2 airports and any point in a foreign jurisdiction.
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\25\ The FAA notes that for purposes of the relief proposed in
this proceeding, Canadian carriers would be treated as foreign
carriers.
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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 Department to encourage high utilization of scarce
public infrastructure. As previously stated, at some point in time,
continuing waivers to preserve pre-COVID slot holdings may 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 will be forthcoming beyond the
end of the Summer 2022 scheduling season.
IATA reports in its petition that international flights globally
are operating at approximately ``21 percent of pre-COVID levels year to
date.'' As indicated in IATA's petition, ``[g]overnments' reimposition
of travel restrictions, regardless of vaccination status, in response
to Omicron has led passengers to cancel or delay travel because of a
legitimate fear they will be stranded, placed in quarantine, or subject
to multiple and costly testing requirements. For much of international
aviation, restrictions remain in place on both ends of the route which
requires consumers to keep up with frequently changing policies that
may impact their travel. For example, travellers [sic] have been
challenged with the recent changes in testing requirements, regardless
of vaccination status, as many foreign service providers are
experiencing difficulty with test availability and results processing
to meet the new requirements.''
The FAA agrees with IATA and the other petitioners. Based on global
vaccination rates, changing infection rates and the threat of new virus
strains, continued unpredictability of travel restrictions, and the
disparity between demand for domestic air travel and demand for
international air travel, extending the current limited, conditional
waiver for international operations by all carriers, is reasonable. The
FAA believes extending the limited, conditional slot usage waiver, for
international operations only, through the Summer 2022 season would
provide carriers with the flexibility to operate in the unpredictable
international market and would support long term viability of carrier
operations at slot-controlled and IATA Level 2 airports in the United
States.
The FAA notes that A4A and IATA requested a ``waiver of the minimum
slot usage rules for international operations at Level 2 and 3 airports
and terminal facilities for the Summer 2022 season.'' (emphasis added).
The FAA does not allocate or assign terminal resources at the airport
facility. The FAA administers runway schedule limits under the
Administrator's authority to manage the efficient use of the national
airspace system, and all requests concerning the use of airport
terminal facilities should be directed to the respective local airport
sponsor or operating authority.\26\
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\26\ See 49 U.S.C. 40103(b).
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The FAA recognizes that domestic carriers have a mix of both
domestic and international operations, and therefore the agency intends
to make this relief available for international operations that would
have been operated in the Summer 2022 season, but for COVID-19 impacts
on air travel demand. In other words, the FAA intends to provide this
conditional relief to domestic carriers on a scale that is generally
comparable to each carrier's pre-COVID level of international service.
The FAA would generally evaluate any request for relief from U.S.
carriers for the Summer 2022 scheduling season based on historical
levels of operations to foreign points as demonstrated in published
schedules from the Summer 2019 scheduling season. Domestic carriers
seeking relief for a particular operation under the waiver would need
to provide the FAA, if not readily apparent from FAA records and
historic published schedule data, alternative supplemental information
that predates this notice to demonstrate intent to use a slot or
approved operating time for an international destination. The FAA would
not accept evidence of intent to use a particular slot or approved
operating time for an international flight during the Summer 2022
season if the information is dated after this notice is issued.
International operations eligible for a waiver under this proposal
would be subject to all of the same conditions and policies made
available in FAA's Winter 2021/2022 waiver, which remains in effect at
slot-controlled, and IATA Level 2 airports in the United States for the
Winter 2021/2022 season.\27\ The FAA believes the conditions associated
with the relief provided to date 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. The conditions
for relief at slot-controlled airports, which the FAA would apply to
the relief proposed in this notice, include:
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\27\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021).
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(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. However, slots operated as approved on a
non-historic basis in Summer 2022 will be given priority over new
demands for the same timings in the next equivalent season (Summer
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>28 29</SUP> Foreign carriers seeking
[[Page 11809]]
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. Compliance with this condition is required for
operations scheduled from March 27, 2022, through the duration of this
relief; therefore, carriers must begin notifying the FAA of Winter
returns by February 28, 2022; \30\
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\28\ Consistent with the FAA's waiver policy issued October 18,
2021, this priority would apply to slot or schedule requests for
Summer 2023, which are comparable in timing, frequency, and duration
to the non-historic ad hoc approvals made by the FAA for Summer
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 Summer
2022 and seek to resume operating in Summer 2023. The FAA may
consider this priority in the event that slots with historic
precedence become available for permanent allocation by the FAA.
\29\ Although the FAA is proposing to extend the four-week
rolling return policy consistent with the Winter 2021/2022 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.
\30\ The FAA will consider pushing the initial date for required
returns depending on the issuance date of the final decision.
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(2) the waiver does not apply to slots newly allocated for initial
use during the Summer 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.
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\31\ Consistent with prior proceedings, the FAA does not propose
to revise this condition to include a buffer period for new
transfers to be completed and still benefit from this waiver.
Therefore, this policy would remain in effect continuously from the
initial effective date of October 16, 2020.
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In addition, as proposed, an exception may be granted to these
conditions based on any government restriction that prevents or
severely restricts travel to specific airports, destinations (including
intermediate points), or 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. Official government actions
that may qualify for this exception include--
<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 would continue to be administered by the FAA in
coordination with the Office of the Secretary of Transportation (OST).
The extraordinary circumstances exception in this slot usage relief
would be limited to the scope of the relief otherwise proposed; U.S.
carriers should not expect to rely on the extraordinary circumstances
exception for relief for domestic operations.\32\
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\32\ The FAA may consider individualized requests from U.S.
carriers for domestic relief on a case-by-case basis consistent with
the applicable waiver standard.
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The conditions for COVID-19-related relief for prioritizing flights
canceled at IATA Level 2 airports, for purposes of establishing a
carrier's operational baseline in the next corresponding season, which
the FAA would apply to the relief proposed in this notice include:
(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 assurance of priority in the next corresponding season.
However, schedules operated as approved on an ad hoc basis in Summer
2022 will be given priority over new demands for the same timings in
the next equivalent season (Summer 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 would be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature. Compliance with this condition would be
required for operations scheduled from March 27, 2022, through the
duration of this relief; therefore carriers must begin notifying the
FAA of Summer returns by February 28, 2022; and,
(2) The priority for FAA schedules approved for Summer 2022 does
not apply to net-newly approved operations for initial use during the
Summer 2022 season. New approved times will remain eligible for
priority consideration in Summer 2023 if actually operated in Summer
2022 according to established processes.
Consistent with the proposal 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 schedule approval was held, as discussed
previously with respect to slot-controlled airports. If the exception
is determined not to apply, carriers would be expected to meet the
conditions for relief or operate consistent with standard expectations
for the Level 2 environment. The extraordinary circumstances exception
in this proposal would only apply within the scope of the relief
otherwise provided by the waiver; U.S. carriers should not expect to
rely on the extraordinary circumstances exception for relief related to
domestic operations.
The FAA believes an extension of relief for international
operations only, through October 29, 2022, is reasonable due to
fluctuating travel restrictions and the 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 would be reasonable to
mitigate the impacts on passenger demand for international air
[[Page 11810]]
travel resulting from the spread of COVID-19 worldwide.
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\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).
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As of the date of issuance of this notice, COVID-19 continues to
present a highly unusual and unpredictable condition for international
operations that is beyond the control of carriers. 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. The ultimate duration and severity of COVID-19
impacts on passenger demand for international air travel remain
unclear. Even after the pandemic is contained, impacts on passenger
demand for international air travel are likely to continue for some
time.
If the FAA extends relief for international operations through
October 29, 2022, as proposed, the FAA expects 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 proposal than they
had otherwise planned. However, as previously explained, the FAA
believes the conditions associated with the relief provided in this
proposal 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#693a0a010c0d1c050c2f000500070e290d061d470e061f"><span class="__cf_email__" data-cfemail="b0e3d3d8d5d4c5dcd5f6d9dcd9ded7f0d4dfc49ed7dfc6">[email protected]</span></a> confirming
reciprocal treatment of the slot holdings of U.S. carriers.
After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.
Issued in Washington, DC, on February 25, 2022.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022-04429 Filed 2-28-22; 8:45 am]
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.