Notice2022-06743
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 Summer 2022 Scheduling Season
Primary source
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Published
March 29, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA has determined 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 has determined 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), 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 October 29, 2022, and will 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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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18057-18062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06743]
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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 Summer 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 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
has determined 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), 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 October 29, 2022, and will 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: The relief announced in this notice is available for the Summer
2022 scheduling season, which runs from March 27, 2022, through October
29, 2022. Compliance with the rolling four-week return condition on the
relief announced in this notice is required beginning on April 4, 2022.
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#4c0d206201292520393f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="6c2d004221090500191f2c0a0d0d420b031a">[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\ Orders Limiting Operations at John F. Kennedy International
Airport and New York LaGuardia Airport; High Density Traffic
Airports Rule at Ronald Reagan Washington National Airport, 85 FR
15018 (Mar. 16, 2020).
\4\ Orders Limiting Operations at John F. Kennedy International
Airport and New York LaGuardia Airport; High Density Traffic
Airports Rule at Ronald Reagan Washington National Airport, 85 FR
21500 (Apr. 17, 2020); 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 2020/2021 Scheduling Season, 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 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, 86
FR 58134 (Oct. 20, 2021).
\5\ 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, 86 FR 58134 (Oct. 20, 2021).
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The FAA issued a notice on February 25, 2022, inviting comment on
its proposal to extend through October 29, 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 March 26, 2022, 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 Summer 2022 scheduling season based on historical levels of
operations to foreign points as demonstrated in published schedules.
The FAA further explained 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
[[Page 18058]]
to all of the same conditions and policies already in effect.
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\6\ 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, 89 FR 11805 (Mar. 2,
2022).
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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.\7\
For the week ending March 20, 2022, the WHO reported over 12 million
new COVID-19 cases and just under 33,000 new deaths, bringing the
cumulative total to more than 468 million confirmed COVID-19 cases and
over 6 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, March 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/">https://covid19.who.int/</a> for 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 two variants as ``circulating
variants of concern'' and recently put out a statement regarding the
Omicron sublineage BA.2.\9\ The Centers for Disease Control and
Prevention (CDC) is monitoring all variants of COVID-19 in the United
States.\10\ The CDC has listed the Omicron and Delta variants as
variants of concern.\11\ The CDC reports that all Food and Drug
Administration (FDA)-approved or authorized vaccines reduce the risk of
severe illness, hospitalization, and death from COVID-19.\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>. See also <a href="https://www.who.int/news/item/22-02-2022-statement-on-omicron-sublineage-ba.2">https://www.who.int/news/item/22-02-2022-statement-on-omicron-sublineage-ba.2</a>.
\10\ 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>.
\11\ Id.
\12\ 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.\13\ As of March 23, 2022, 65.4
percent of Americans are fully vaccinated, and 76.8 percent of
Americans have received at least one dose.\14\ 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.\15\ 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.\16\ On December 1, 2021, the first case attributable
to the Omicron variant was identified in the United States.\17\ For the
week of March 14, 2022, which is the most recent week for which data is
available, the WHO reports 219,164 confirmed new cases in the United
States.\18\
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\13\ <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>.
\14\ CDC, COVID-19 Vaccinations in the United States, updated
March 23, 2022, available at: <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations">https://covid.cdc.gov/covid-data-tracker/#vaccinations</a>.
\15\ 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>.
\16\ 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, 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>.
\17\ <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>.
\18\ <a href="https://covid19.who.int/region/amro/country/us">https://covid19.who.int/region/amro/country/us</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 Comments and Information Submitted
The FAA received comments from 11 stakeholders and other persons on
the proposal including IATA, Airlines for America (A4A), Airports
Council International-North America (ACI-NA), Exhaustless Inc.
(Exhaustless), United Airlines (United), six foreign carriers or
holding companies (Aer Lingus, British Airways, Etihad Airways, Iberia
Airlines, ITA Airways, and Lufthansa Group). Nine commenters including
A4A, IATA, and all commenting U.S. and foreign carriers, support FAA's
proposal though some commenters have requested certain modifications.
Commenters Who Support FAA's Proposal
Aer Lingus, British Airways, Etihad Airways, Iberia Airlines, and
ITA Airways, commented supporting FAA's proposal. Aer Lingus states
that the proposed relief ``is a wholly sensible and appropriate
approach to mitigate against the current risks and to copper fasten
U.S. global connectivity into the future.'' British Airways comments in
support of FAA's proposal stating ``BA [British Airways] believes that
the extension of slot relief into Summer 2022 is wholly appropriate and
essential for preserving established international aviation networks,
which in turn are
[[Page 18059]]
vital for keeping trade routes open in support of the wider economies
and assisting the global recovery from the pandemic.'' Etihad Airways
comments that it ``is in full support of the proposal in light of the
uncertain recovery of demand and potential further restrictions
impacting mainly its eastbound markets (GCC countries, Indian
subcontinent, South-and Northeast Asia).'' Iberia Airlines comments
stating that it strongly supports the proposed extension and
``appreciate[s] that the FAA is aware of the unpredictable environment
and that the recovery from this global pandemic remains slow.'' ITA
Airways comments generally in support of the FAA's proposal stating
``We strongly support the proposed extension of a conditional waiver of
the minimum slot usage requirement for international slots only for
S22''.
Commenters Who Support FAA's Proposal With Requested Modifications
A4A, IATA, Lufthansa Group, and United support FAA's proposal but
made additional requests for flexibility on the slot return
requirements outlined in the FAA's proposal. A4A supports FAA's
proposal stating that it provides ``operational certainty'',
``simplicity'', and ``fairness and equity''. A4A asserts that,
``[i]nternational air travel for the remainder of 2022 is expected to
improve over 2021 levels, but a full recovery is not expected before
2024 at the very earliest'' and that ``FAA should extend the Waiver for
Level 2 and 3 airports, given the pandemic's continued direct impact on
U.S. carriers' international operations.'' In support of this claim A4A
provides that ``[f]or the first two months of 2022, A4A member
passenger traffic for Trans-Atlantic, Trans-Pacific and transborder
U.S.-Canada operations have tracked at 59%, 13% and 26%, respectively,
of 2019 levels. While we [A4A] anticipate improved demand as global
travel restrictions ease, as we look forward, these markets remain
weak.'' A4A requests the FAA incorporate flexibility into the slot
return rules stating ``FAA should permit a ten-day 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.'' In
addition, A4A requests the FAA maintain a reciprocity requirement, and
that ``a lack of reciprocity would impair connectivity, distort
competition, and alter passenger demand in the future, thereby directly
impacting more than just U.S. carrier service at these airports; it
would exacerbate uncertainty and reduce flexibility.'' IATA comments,
``[w]hile forward looking trends are improving, future bookings for
international travel remain significantly lower than pre-COVID levels.
For this reason, it is wholly sensible to provide flexibility in the
form of an international slot waiver, considering the season starts in
one month.'' Further, IATA states that ``airlines need certainty that
there remains a level of flexibility and assurances that impacted
routes can be sustainably rebuilt in line with the recovery of demand
throughout the season.'' IATA request the FAA ``amend the slot return
period to initially seven days after publication in the Federal
Register, and the subsequently as a rolling 4-week return region.''
United comments that it ``adopts and incorporates by reference the
comments filed by Airlines for America (``A4A''). United ``commends FAA
for recognizing the continuing and extraordinary adverse effects of the
COVID19 pandemic and for proposing a limited, conditional waiver
applying to international operations for slot use at Level 3 airports
and for schedule cancellation at Level 2 airports.'' United requests
the FAA ``amend the date of which carriers are to make the first slot
return for the Summer 2022 season from the published February 28, 2022
date to a date 7 days after final publication of the final notice.''
Lufthansa Group comments in support of FAA's proposal stating ``the
unexpected emergence and spread of the Delta and then Omicron variants
during the last 6 months, requires the industry and government to be
ready and able to react with significant flexibility, especially in the
international setting.'' Similarly, Lufthansa group recommend the FAA
``amend the slot return period to initially 7 days after final
publication in the Federal Register, and then subsequently on a rolling
4-week basis.''
Commenters Who Oppose the FAA's Proposal
ACI-NA and Exhaustless oppose FAA's proposal to continue COVID-19-
related relief for international operations only. ACI-NA submits that
``with the alleviation of regulatory restrictions to travel, airports
cannot accept a situation where extending the waiver for international
operations would weaken the reinstatement of much-needed connectivity
and damage the competitive landscape at airports.'' ACI-NA observes
that ``the practical effect of extending slot relief is precisely to
reserve capacity for historic holders of landing privileges at
constrained airports, thereby distorting the shape and trajectory of
air travel recovery at these airports. ACI-NA believes that absent
these waivers, airlines serving constrained airports would be
encouraged to make different, demand-responsive decisions regarding
deployment of their capacity.'' Further, ACI-NA suggests that
``continuation of these waivers could lead to a ``chilling effect''
which discourages new service at constrained airports due to a lack of
long-term certainty, thereby punishing the airlines most interested in
deploying their capacity to respond to the needs of the traveling
public.''
Exhaustless opposes FAA's proposal, contending that it would
``block the free market economy'' and argues that ``the DOT/FAA must
consider the Exhaustless' airspace reservation market and explain why
it has proposed an administrative allocation--that excludes
passengers--over Exhaustless' competitive and coordinated market for
airspace reservations.''
Discussion of Comments Regarding Flexibility in the Slot Return Policy
The FAA is persuaded by commenters that have requested the FAA
modify the initial February 28, 2022, slot return deadline due to
compliance issues attributable to the timing of FAA's final waiver
decision. 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 May 2, 2022 (instead of from March 27, 2022) through the
duration of the Summer 2022 season. Accordingly, carriers must begin
notifying FAA of Summer returns by April 4, 2022 (instead of February
28, 2022). The FAA believes this change is reasonable because it would
be impracticable for carriers to meet the proposed return deadline
given the timing of the FAA's final waiver policy.
Discussion of Comments Regarding Reciprocity
The FAA received comments requesting that the FAA maintain the
reciprocity requirement. As stated in FAA's proposal and discussed
later in this notice, 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 the foreign carrier. 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#dc8fbfb4b9b8a9b0b99ab5b0b5b2bb9cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="4714242f2223322b22012e2b2e29200723283369202831">[email protected]</span></a> confirming reciprocal
treatment of the slot holdings of U.S. carriers.
[[Page 18060]]
Discussion of Additional Issues Raised in Comments
FAA received a comment requesting the FAA discontinue COVID-related
relief for international operations due to the practical effects of
relief weakening the reinstatement of connectivity, damaging the
competitive landscape at airports, chilling the introduction of new
services, and distorting the air travel recovery at airports. 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 provides
carriers with the flexibility to operate in the unpredictable
international market and supports the long term viability of carrier
operations at slot-controlled and IATA Level 2 airports in the United
States. The FAA notes that no U.S. carrier or foreign carrier commented
in opposition of the FAA's proposed extension of COVID-related relief.
Further, 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
In consideration of the foregoing information, petitions received
in advance of the proposal, the comments that the FAA has received, and
the evolving and highly unpredictable situation globally with respect
to ongoing impacts from COVID-19, the FAA has determined 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.\24\ This relief
is limited to slots and approved operating times used by carriers for
international operations through October 29, 2022, and is 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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\24\ The FAA notes that for purposes of the relief described in
this proceeding, Canadian carriers are 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.
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 provides carriers with the flexibility to operate in the
unpredictable international market and supports the long term viability
of carrier operations at slot-controlled and IATA Level 2 airports in
the United States.
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 the Summer 2022 proposal (87
FR 11805) issued on February 25, 2022.
International operations eligible for a waiver under this relief
are 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.\25\ 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 FAA has
determined to make available to slot holders at U.S. slot-controlled
airports (DCA, JFK, and LGA) a waiver from the minimum slot usage
requirements, for international operations only, due to continuing
COVID-19 impacts through October 29, 2022, subject to the following
conditions:
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\25\ 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, 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
[[Page 18061]]
States.<SUP>26 27</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. Compliance with this condition is required for operations
scheduled from May 2, 2022, through the duration of this relief;
therefore, carriers must begin notifying the FAA of Summer returns by
April 4, 2022;
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\26\ Consistent with the FAA's final policy statement issued
January 13, 2021, this priority applies 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.
\27\ Although the FAA is extending 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.
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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.\28\ 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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\28\ 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 remains in effect continuously from the
initial effective date of October 16, 2020.
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In addition, 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 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 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.\29\
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\29\ 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 (ORD, EWR, LAX, and SFO), for
purposes of establishing a carrier's operational baseline in the next
corresponding season, which the FAA will apply to the relief 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 are 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 May 2, 2022, through the duration of this
relief; therefore, carriers must begin notifying the FAA of Summer
returns by April 4, 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 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 schedule approval 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 extraordinary circumstances exception
in this relief only applies 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 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.\30\
[[Page 18062]]
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.
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\30\ 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.
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 policy than they had otherwise
planned. However, as previously explained, the FAA believes the
conditions associated with the relief provided in this notice 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#4417272c2120312821022d282d2a2304202b306a232b32"><span class="__cf_email__" data-cfemail="1645757e7372637a73507f7a7f78715672796238717960">[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 Summer 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#52657f3325337f213e3d2633363f3b3c123433337c353d24"><span class="__cf_email__" data-cfemail="3f08125e485e124c53504b5e5b5256517f595e5e11585049">[email protected]</span></a> to obtain relief. Carriers that have already
advised the FAA Slot Administration Office of COVID-19-related
cancellations and slot returns contingent on the Summer 2022 final
policy do not need to resubmit identical requests. 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 cancelations 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 March 25, 2022.
Marc A. Nichols,
Chief Counsel.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022-06743 Filed 3-25-22; 4:15 pm]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on March 29, 2022.
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.