Notice2022-23619
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 2022/2023 Scheduling Season
Primary source
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Published
October 28, 2022
Effective
October 28, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA's current COVID-19 related relief policy for U.S. slot-controlled and Level 2 airports will expire on October 29, 2022. This notice confirms resumption of the minimum slot usage requirements for Operating Authorizations (slots) at Ronald Reagan Washington National Airport (DCA), John F. Kennedy International Airport (JFK) and LaGuardia Airport (LGA) for the Winter 2022/2023 scheduling season beginning October 30, 2022. This notice announces a similar resumption of standard FAA processes at designated International Air Transport Association (IATA) Level 2 airports in the United States (U.S.) to provide priority consideration for runway timings that are scheduled and operated as approved for purposes of establishing a carrier's operational baseline in the next corresponding season. 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). The FAA recognizes the importance of reciprocity in connection with usage alleviation policies with regard to COVID-19-related capacity and frequency restrictions at foreign airports and will consider justified requests by U.S. and foreign air carriers for usage waivers based on reciprocity and other related circumstances.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65282-65284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23619]
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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 2022/2023
Scheduling Season
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Expiration of the limited, conditional waiver of the minimum
slot usage requirements.
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SUMMARY: The FAA's current COVID-19 related relief policy for U.S.
slot-controlled and Level 2 airports will expire on October 29, 2022.
This notice confirms resumption of the minimum slot usage requirements
for Operating Authorizations (slots) at Ronald Reagan Washington
National Airport (DCA), John F. Kennedy International Airport (JFK) and
LaGuardia Airport (LGA) for the Winter 2022/2023 scheduling season
beginning October 30, 2022. This notice announces a similar resumption
of standard FAA processes at designated International Air Transport
Association (IATA) Level 2 airports in the United States (U.S.) to
provide priority consideration for runway timings that are scheduled
and operated as approved for purposes of establishing a carrier's
operational baseline in the next corresponding season. 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). The FAA
recognizes the importance of reciprocity in connection with usage
alleviation policies with regard to COVID-19-related capacity and
frequency restrictions at foreign airports and will consider justified
requests by U.S. and foreign air carriers for usage waivers based on
reciprocity and other related circumstances.
DATES: This action is effective on October 28, 2022.
FOR FURTHER INFORMATION CONTACT: Al Meilus, Slot Administration and
Capacity Analysis, AJR-G5, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone number 202-267-
2822; email <a href="/cdn-cgi/l/email-protection#8aebe6a4e7efe3e6fff9caecebeba4ede5fc"><span class="__cf_email__" data-cfemail="c8a9a4e6a5ada1a4bdbb88aea9a9e6afa7be">[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
effects of the COVID-19 pandemic.\3\ Since the initial slot usage
waiver and related relief was provided, the FAA has taken action to
extend relief on five occasions, subject to certain substantive
changes, such as narrowing the scope of relief and adding conditions,
as the effects of the COVID-19 pandemic evolved.\4\ The most recent
limited, conditional extension of COVID-19-related relief was issued by
the FAA on March 29, 2022, and expires on October 29, 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); 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); 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 Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29,
2022).
\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
Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 2022).
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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.\6\ At JFK and LGA, each slot must be used at least 80
percent of the time.\7\ 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.\8\
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\6\ See 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).
\7\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations
at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020).
\8\ 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.\9\ The FAA may waive
this minimum usage requirement in the event of a highly unusual and
[[Page 65283]]
unpredictable condition that is beyond the control of the slot-holding
carrier and which exists for a period of nine or more days.\10\
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\9\ See 14 CFR 93.227(a).
\10\ 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 Submitted
Airlines for America (A4A) and the IATA, on behalf of their member
airlines, filed a petition with the FAA on August 25, 2022, to extend
the FAA's current waiver policy for international operations through
the Winter 2022/2023 scheduling season from October 30, 2022, through
March 25, 2023. A4A and IATA indicate the industry faces ``considerable
challenges as it attempts to ramp up operations to meet pre-COVID level
air travel demands. Shortfalls in resourcing and staffing at airports,
security and immigration, air traffic control and at some airlines are
well documented across the globe.'' A4A and IATA cite ``a number of
major airports declaring lower levels of capacity, which has a negative
impact on individual airline's ability to restore historic
operations.'' In addition, A4A and IATA state that ``the COVID-19
pandemic continues to impact airline, air traffic control and airport
operations, especially at the international level.'' In support of this
claim, A4A and IATA provide that ``infection rates have been increasing
globally as variants cycle through phases of dominance and some
countries continue to maintain COVID-19 policies impacting aviation,
particularly in the Asia-Pacific and Middle East-Africa regions. United
States-Asia traffic remains down 65% in some key Asian markets and down
90% from Hong Kong and China compared to 2019 levels.'' Further, A4A
and IATA note the aviation impacts resulting from the Russian invasion
of Ukraine, inflation and economic downturn, and concerns about some
airports' ability to provide sufficient capacity and resources to
support a return to 80% slot use rate. Finally, A4A and IATA express
concern that without continued relief ``U.S. carriers will not be
granted reciprocal relief from other leading countries and non-U.S.
carriers are prevented from a sustainable recovery of their U.S.
network.''
Analysis
Waivers are reserved for highly unusual and unpredictable
conditions beyond the control of carriers. The concerns identified in
the petitions, such as general economic conditions, reduced demand,
operating costs, inability to recruit or retain staff or similar
factors are not highly unusual and unpredictable conditions that
justify broad proactive relief from minimum slot usage rules. Access to
slot-controlled airports is limited; slots are scarce resources and use
of those scarce resources should be prioritized by the slot holder. It
is the policy of the Department of Transportation (DOT) to encourage
high utilization of scarce public infrastructure. Further, it is not
the policy of DOT to use slot and Level 2 rules to reserve capacity for
historic incumbent carriers until demand returns to predetermined
levels. The FAA has extended COVID-19 related relief five times since
first providing relief in March of 2020. As FAA and DOT have 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.\11\ Initial COVID-19 related
relief was provided for all operations at the slot controlled and Level
2 airports and has been scaled back as improvements to the public
health emergency supported increased demand in domestic markets and a
resumption of international demand in most markets. To date, based on
carrier scheduling data some carriers have even started new services
and entered new markets not served previously to meet demand for travel
during the initial recovery phases.
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\11\ See 85 FR 63345.
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In addition, COVID-19 travel restrictions in the United States and
many other countries have decreased significantly over the course of
the Summer 2022 scheduling season; however, the FAA acknowledges that
demand in some international markets is constrained due to continuing
COVID-19 related restrictions that impact international operations in
certain countries or regions. These COVID-19 related restrictions may
include flight frequency or flight capacity limitations, crew treatment
protocols that do not allow crews to safely rest in certain
jurisdictions, and other restrictions that impede the ability of
carriers to operate flights that they would otherwise intend to
operate. These remaining COVID-19 related restrictions in certain
foreign jurisdictions for which usage relief might be appropriate, do
not, however, support a broad waiver of the minimum slot usage rules
for all international operations or for carriers that may not operate
for other reasons.
Therefore, the FAA denies the petition by A4A and IATA for an
extension of the Summer 2022 alleviation polices to the Winter 2022/
2023 scheduling season as the requested relief is overly broad and
justified relief for slot holders can be addressed through other more
narrowly tailored means. The FAA slot usage waiver standards are
sufficient to provide targeted relief for U.S. or foreign air carriers
that are affected by the remaining COVID-19-related restrictions
imposed in foreign jurisdictions. The FAA recognizes that relief may be
appropriate in consideration of reciprocal treatment of air carriers
and foreign air carriers with various alleviation policies at foreign
airports related to restrictions and recovery from COVID-19 impacts.
The FAA intends to work closely with the Office of the Secretary of
Transportation (OST) in reviewing requests for relief based on foreign
government restrictions or reciprocity. To the extent that U.S.
carriers operate to jurisdictions that do not offer reciprocal relief
to U.S. carriers, the FAA may determine not to grant a waiver to
carriers of that jurisdiction.
The aviation industry is not unique in its challenges as other
industries also face issues with employee resources, illnesses, and
onboarding and training as we emerge from the pandemic's effects. The
air transportation industry, however, has a unique role that supports
the movement of passengers and cargo. Carriers need to recognize the
operating environment, constraints, and opportunities and plan
operations and slot use accordingly. The FAA recognizes the significant
impact slot usage waiver policies have on airports, consumers, and
aviation industry partners; the FAA and OST are acutely interested in
seeing the return to full utilization of valuable and limited public
resources in the Winter 2022/2023 scheduling season.
The FAA reminds operators that the slot rules treat slots as being
used for several of the days around certain holiday periods in the U.S.
Specifically, in the Winter 2022/2023 scheduling season, this includes
Thanksgiving Day
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and the day after (November 24 and 25, 2022) and from Saturday,
December 24, 2022, through January 7, 2023. These periods effectively
are automatically waived and treated as operated for usage purposes and
may assist carriers in planning schedules and usage rates.
Decision
The FAA's current, limited COVID-19 related relief policies for
international flights at the slot-controlled and Level 2 airports
during the Summer 2022 scheduling season will expire as planned on
October 29, 2022.\12\ The FAA will rely on existing standards \13\ to
determine whether relief from usage rules and procedures is warranted
on an individual carrier basis.
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\12\ 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, 87 FR 18057, (Mar. 29, 2022).
\13\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations
at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020);
14 CFR 93.227(j).
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The FAA anticipates there will be a limited number of carrier
requests for relief in Winter 2022/2023 based on foreign government-
imposed travel restrictions or highly restrictive temporary limitations
on flights. The FAA will work closely with OST on any such requests to
determine appropriate action based on the circumstances and factors
such as reciprocal treatment for U.S. carriers.
Carriers requesting relief from minimum usage requirements or
similar relief for runway timings at the FAA-designated Level 2
airports should submit a petition to the FAA Slot Administration Office
at <a href="/cdn-cgi/l/email-protection#f5c2d8948294d886999a819491989c9bb5939494db929a83"><span class="__cf_email__" data-cfemail="40776d2137216d332c2f3421242d292e002621216e272f36">[email protected]</span></a>.
Issued in Washington, DC, on October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
Marc A. Nichols,
Chief Counsel.
[FR Doc. 2022-23619 Filed 10-26-22; 4:15 pm]
BILLING CODE 4910-13-P
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