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, 15018-15020 [2020-05278]

Download as PDF 15018 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices 3. by amending the last sentence of the first paragraph of U.S. note 20(e) to subchapter III of chapter 99: a. by deleting the word "or" where it appears after the phrase "U.S. note 20(qq) to subchapter III of chapter 99;"; and b. by inserting the phrase"; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III of chapter 99" after the phrase "U.S. note 20( ss) to sub chapter III of chapter 99". 4. by amending U.S. note 20(£) to subchapter III of chapter 99; a. by deleting the word "or" where it appears after the phrase "U.S. note 20(qq) to subchapter III of chapter 99;"; and b. by inserting the phrase"; or (10) heading 9903.88.41 and U.S. note 20(tt) to subchapter III of chapter 99" after the phrase "U.S. note 20( ss) to sub chapter III of chapter 99". 5. by amending the Article Description of heading 9903.88.03: a. by deleting "9903.88.38 or" and inserting "9903.88.38," in lieu thereof; and b. by inserting "or 9903.88.41," after "9903.88.40,". BILLING CODE 3290–F0–C DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 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 Department of Transportation, Federal Aviation Administration (FAA). ACTION: Notice of limited waiver of the minimum slot usage requirement. AGENCY: This notice announces a limited waiver of the minimum usage requirement that applies to Operating Authorizations or ‘‘slots’’ at John F. Kennedy International Airport (JFK), New York LaGuardia Airport (LGA) and Ronald Reagan Washington National Airport (DCA), in light of the current impacts on air travel demand related to the outbreak of novel 2019 coronavirus (also known as ‘‘SARS–CoV–2,’’ causing the disease COVID–19) (‘‘Coronavirus’’). Through May 31, 2020, the FAA will waive the minimum usage requirement as to any slot associated with a scheduled nonstop flight between JFK, LGA, or DCA, respectively, and other points that is canceled as a direct result lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:29 Mar 13, 2020 Jkt 250001 of Coronavirus-related impacts. This action is effective for Coronavirusrelated flight cancelations through May 31, 2020. The duration of the Coronavirus outbreak and its effect on demand for commercial air travel remains to be seen. The FAA will continue to monitor the situation and may augment this waiver as circumstances warrant. The FAA will inform carriers of any decision to extend the waiver period as soon as possible. In addition, this notice announces the policy that the FAA will prioritize flights canceled at designated International Air Transport Association (IATA) Level 2 airports in the U.S. due to Coronavirus through May 31, 2020, including at Chicago O’Hare International Airport (ORD), Newark Liberty International Airport (EWR), Los Angeles International Airport (LAX), and San Francisco International Airport (SFO), for purposes of establishing a carrier’s operational baseline in the next corresponding season. The FAA is acting in good faith in granting relief to carriers worldwide impacted by the Coronavirus. In doing so, the FAA expects that U.S. carriers will be accommodated with reciprocal relief by foreign slot coordinators. DATES: Effective upon publication. FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief Counsel, Regulations Division, Federal PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 Aviation Administration, 800 Independence Avenues SW, Washington, DC 20591; telephone: (202) 267–3808; email: bonnie.dragotto@ faa.gov. SUPPLEMENTARY INFORMATION: Background The Coronavirus was detected in China in December 2019 and as of March 7, 2020 had been detected in almost 90 locations internationally, including in the United States. The Centers for Disease Control and Prevention (CDC), a component of the Department of Health and Human Services (HHS), has determined that the virus presents a serious public health threat and continues to take steps to prevent its spread. On January 27, 2020, the CDC issued a Level 3 Travel Health Notice recommending that travelers avoid all nonessential travel to China due to widespread community transmission of COVID–19. On January 30, 2020, the World Health Organization (WHO) declared the outbreak a public health emergency of international concern (PHEIC). On January 31, 2020, HHS declared a public health emergency for the United States to aid in responding to COVID–19. That same day, citing the threat of this communicable disease, the President issued a Proclamation suspending the entry into the United States of certain E:\FR\FM\16MRN1.SGM 16MRN1 EN16MR20.002</GPH> [FR Doc. 2020–05310 Filed 3–13–20; 8:45 am] lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices foreign nationals who have been in China within the last 14 days prior to their entry or attempted entry. On February 2, 2020, the Department of State raised its China travel advisory to Level 4 (do not travel), citing the Coronavirus outbreak. Since then, the Department of State has cited the Coronavirus outbreak in raising its travel advisory level for Macau, Hong Kong, Japan, Mongolia, Iran, Italy, South Korea, Turkmenistan, and Azerbaijan– including Level 4 advisories for Iran and for parts of South Korea and Italy. Again citing the threat of this communicable disease, another Presidential Proclamation issued on February 29, 2020 suspended the entry into the United States of certain foreign nationals who have been in Iran within the last 14 days prior to their entry or attempted entry. Demand for travel decreased initially to points in China with several U.S. and foreign air carriers reducing or suspending service. The Civil Aviation Administration of China (CAAC) required all carriers serving China to waive restrictions on changes or refunds for travel to and from all of mainland China. Other airports in Asia also began to experience flight cancelations due to health concerns and lower demand. More recent travel warnings and changes in passenger demand have impacted flights as Coronavirus spread to other parts of the world, including the U.S. The FAA continues to receive cancelation notices at slot-controlled airports in the U.S., which include JFK, LGA, and DCA, as well as U.S. airports designated as IATA Level 2 for flights to and from areas with significant Coronavirus outbreaks.1 Several foreign airlines have petitioned the FAA to grant a waiver of the 80 percent minimum slot usage requirement at JFK through the Winter 2019/2020 scheduling season ending on March 28, 2020 and some petitioners have sought relief for portions, or the entirety, of the Summer 2020 scheduling season. On March 2, 2020, IATA petitioned on behalf of airlines for a slot usage waiver at all constrained airports through the Summer 2020 scheduling season ending on October 24, 2020. On March 6, 2020, Airlines for America petitioned the FAA on behalf of domestic member airlines for ‘‘a waiver of the minimum slot usage requirement at all slot-controlled and schedule facilitated airports for at least 1 Although DCA and LGA are not designated as IATA Level 3 slot-controlled airports given that these airports primarily serve domestic destinations, FAA limits operations at these airports via rules at DCA and an Order at LGA that are equivalent to IATA Level 3. VerDate Sep<11>2014 18:29 Mar 13, 2020 Jkt 250001 Summer 2020.’’ Multiple U.S. carriers have also submitted individual petitions for slot usage relief with respect to all three U.S. slot-controlled airports. The petitioners base their requests on the public health situation, travel restrictions, and the highly unusual and unpredictable nature of the Coronavirus impacts on demand for air travel. Standard At JFK and LGA, each slot must be used at least 80 percent of the time.2 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 slotholding air carrier and which affects carrier operations for a period of five consecutive days or more.3 At DCA, any slot not used at least 80 percent of the time over a two-month period will also be recalled by the FAA.4 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.5 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 and maximize the benefits to both 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 they make decisions in anticipation of the FAA granting a slot usage waiver. Relevant here, however, the FAA has established precedent for granting a limited waiver of the minimum slot usage requirement related to an infectious disease outbreak.6 2 Operating Limitations at John F. Kennedy International Airport, 83 FR 46865 (Sep. 17, 2018); Operating Limitations at New York LaGuardia Airport, 83 FR 47065 at 47066 (Sep. 18, 2018). 3 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, 83 FR at 46867. At LGA, any operating authorization not used at least 80 percent of the time over a twomonth period will be withdrawn by the FAA. See LGA Order, 83 FR at 47066. 4 See 14 CFR § 93.227(a). 5 See 14 CFR § 93.227(j). 6 See e.g. Operating Limitations at John F. Kennedy International Airport and Newark Liberty International Airport; Notice of Limited Waiver of the Slot Usage Requirement, 74 FR 34393 (July 15, 2009). PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 15019 Analysis Slots are a scarce resource. Slot usage waivers accordingly are reserved for extraordinary circumstances. The FAA has determined that the exceptional circumstances associated with the Coronavirus meet the criteria for a limited waiver, as announced here, of the minimum slot usage requirements for flights scheduled between JFK, LGA, and DCA, respectively, and other points that are canceled as a direct result of Coronavirus-related impacts. The FAA also acknowledges that the timeframe and scope of impacts of Coronavirus on commercial air travel remain uncertain. The FAA does not intend routinely to grant broad, generalized relief from the minimum slot usage requirements. The usage requirement allows for up to 20 percent nonuse to accommodate planned and unplanned cancelations. This allowance is expected to accommodate routine weather and other cancelations under all but the most unusual circumstances. However, the current impacts of Coronavirus on commercial aviation are dramatic and extraordinary. In light of these evolving and extraordinary circumstances, the relief announced here from the minimum slot usage requirement at all slot-controlled airports in the U.S. is appropriate. The FAA will continue to monitor the outbreak and its effects on commercial aviation and may augment this waiver as circumstances warrant. The FAA will inform carriers of any extension to the waiver period as soon as possible. In addition, the FAA notes that numerous carriers have inquired about Coronavirus-related relief at U.S. airports designated as IATA Level 2 schedule facilitated airports, including ORD, EWR, LAX, and SFO. It is the policy of the FAA to prioritize flights canceled at IATA Level 2 airports in the U.S. due to Coronavirus through May 31, 2020, consistent with the IATA Worldwide Slot Guidelines (WSG), for purposes of establishing a carrier’s baseline in the next corresponding season.7 The FAA is acting in good faith in granting the relief announced here to all carriers impacted by the Coronavirus worldwide. Without slot usage waivers to accommodate the current reduction in passenger demand, carriers may have to operate substantially empty flights to preserve their slots. In granting this 7 The FAA notes that a minimum usage requirement does not apply at designated IATA Level 2 airports in the U.S. Moreover, established procedures under the IATA WSG allow for the prioritization of such cancelations in subsequent corresponding seasons consistent with the FAA’s policy statement in this notice. E:\FR\FM\16MRN1.SGM 16MRN1 15020 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices relief from slot usage requirements, the FAA expects that U.S. carriers will be accommodated with reciprocal relief by foreign coordinators. 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. 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 ScheduleFiling@ dot.gov confirming reciprocal treatment of the slot holdings of U.S. carriers. Decision The FAA will waive the minimum slot usage requirements for all carriers canceling scheduled flights at JFK, LGA, and DCA as a direct result of the Coronavirus. This action is effective for Coronavirus-related flight cancelations through May 31, 2020. This decision is intended to provide limited relief to allow airlines to adjust schedules to changing demand projections at U.S. slot-controlled airports directly resulting from Coronavirus. Carriers should advise the FAA Slot Administration Office of Coronavirusrelated cancelations and return the slots to the FAA by email to 7-awaslotadmin@faa.gov to obtain relief. The information provided must 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 Coronavirus outbreak. Issued in Washington, DC on March 11, 2020. Lorelei Peter, Assistant Chief Counsel for Regulations. [FR Doc. 2020–05278 Filed 3–13–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2020–0004–N–1] lotter on DSKBCFDHB2PROD with NOTICES Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA) and its SUMMARY: VerDate Sep<11>2014 18:29 Mar 13, 2020 Jkt 250001 implementing regulations, FRA seeks approval of the Information Collection Requests (ICRs) abstracted below. Before submitting these ICRs to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Interested persons are invited to submit comments on or before May 15, 2020. ADDRESSES: Submit written comments on the ICRs activities by mail to either: Ms. Hodan Wells, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB Control Number 2130–XXXX,’’ (the relevant OMB control number for each ICR is listed below) and should also include the title of the ICR. Alternatively, comments may be faxed to 202–493–6216 or 202–493–6497, or emailed to Ms. Wells at hodan.wells@ dot.gov, or Ms. Toone at kim.toone@ dot.gov. Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information Collection Clearance Officer, Office of Railroad Safety, Regulatory Analysis Division, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 493–0440) or Ms. Kim Toone, Information Collection Clearance Officer, Office of Information Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 493–6132). SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to provide 60-days’ notice to the public to allow comment on information collection activities before seeking OMB approval of the activities. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, FRA invites interested parties to comment on the PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 following ICRs regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways for FRA to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). FRA believes that soliciting public comment may reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations mandate. In summary, FRA reasons that comments received will advance three objectives: (1) Reduce reporting burdens; (2) organize information collection requirements in a ‘‘user-friendly’’ format to improve the use of such information; and (3) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. The summaries below describe the ICRs that FRA will submit for OMB clearance as the PRA requires: Title: Railroad Communications. OMB Control Number: 2130–0524. Abstract: This collection of information is used by FRA to promote safety in rail operations and to ensure compliance by railroads and their employees with all the requirements set forth in 49 CFR part 220. FRA amended its radio standards and procedures to promote compliance by making the regulations more flexible; require wireless communications devices, including radios, for specified classifications of railroad operations and roadway workers; and retitle this part to reflect its coverage of other means of wireless communications such as cellular telephones and data radio terminals, to convey emergency and need-to-know information. The amended rule established safe, uniform procedures covering the use of radio and other wireless communications within the railroad industry. Type of Request: Extension with change (revised estimates) of a currently approved collection. Affected Public: Businesses. Form(s): N/A. Respondent Universe: 746 railroads. Frequency of Submission: On occasion. E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 15018-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05278]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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

AGENCY: Department of Transportation, Federal Aviation Administration 
(FAA).

ACTION: Notice of limited waiver of the minimum slot usage requirement.

-----------------------------------------------------------------------

SUMMARY: This notice announces a limited waiver of the minimum usage 
requirement that applies to Operating Authorizations or ``slots'' at 
John F. Kennedy International Airport (JFK), New York LaGuardia Airport 
(LGA) and Ronald Reagan Washington National Airport (DCA), in light of 
the current impacts on air travel demand related to the outbreak of 
novel 2019 coronavirus (also known as ``SARS-CoV-2,'' causing the 
disease COVID-19) (``Coronavirus''). Through May 31, 2020, the FAA will 
waive the minimum usage requirement as to any slot associated with a 
scheduled nonstop flight between JFK, LGA, or DCA, respectively, and 
other points that is canceled as a direct result of Coronavirus-related 
impacts. This action is effective for Coronavirus-related flight 
cancelations through May 31, 2020. The duration of the Coronavirus 
outbreak and its effect on demand for commercial air travel remains to 
be seen. The FAA will continue to monitor the situation and may augment 
this waiver as circumstances warrant. The FAA will inform carriers of 
any decision to extend the waiver period as soon as possible.
    In addition, this notice announces the policy that the FAA will 
prioritize flights canceled at designated International Air Transport 
Association (IATA) Level 2 airports in the U.S. due to Coronavirus 
through May 31, 2020, including at Chicago O'Hare International Airport 
(ORD), Newark Liberty International Airport (EWR), Los Angeles 
International Airport (LAX), and San Francisco International Airport 
(SFO), for purposes of establishing a carrier's operational baseline in 
the next corresponding season.
    The FAA is acting in good faith in granting relief to carriers 
worldwide impacted by the Coronavirus. In doing so, the FAA expects 
that U.S. carriers will be accommodated with reciprocal relief by 
foreign slot coordinators.

DATES: Effective upon publication.

FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief 
Counsel, Regulations Division, Federal Aviation Administration, 800 
Independence Avenues SW, Washington, DC 20591; telephone: (202) 267-
3808; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Coronavirus was detected in China in December 2019 and as of 
March 7, 2020 had been detected in almost 90 locations internationally, 
including in the United States.
    The Centers for Disease Control and Prevention (CDC), a component 
of the Department of Health and Human Services (HHS), has determined 
that the virus presents a serious public health threat and continues to 
take steps to prevent its spread. On January 27, 2020, the CDC issued a 
Level 3 Travel Health Notice recommending that travelers avoid all 
nonessential travel to China due to widespread community transmission 
of COVID-19. On January 30, 2020, the World Health Organization (WHO) 
declared the outbreak a public health emergency of international 
concern (PHEIC). On January 31, 2020, HHS declared a public health 
emergency for the United States to aid in responding to COVID-19. That 
same day, citing the threat of this communicable disease, the President 
issued a Proclamation suspending the entry into the United States of 
certain

[[Page 15019]]

foreign nationals who have been in China within the last 14 days prior 
to their entry or attempted entry. On February 2, 2020, the Department 
of State raised its China travel advisory to Level 4 (do not travel), 
citing the Coronavirus outbreak. Since then, the Department of State 
has cited the Coronavirus outbreak in raising its travel advisory level 
for Macau, Hong Kong, Japan, Mongolia, Iran, Italy, South Korea, 
Turkmenistan, and Azerbaijan-including Level 4 advisories for Iran and 
for parts of South Korea and Italy. Again citing the threat of this 
communicable disease, another Presidential Proclamation issued on 
February 29, 2020 suspended the entry into the United States of certain 
foreign nationals who have been in Iran within the last 14 days prior 
to their entry or attempted entry.
    Demand for travel decreased initially to points in China with 
several U.S. and foreign air carriers reducing or suspending service. 
The Civil Aviation Administration of China (CAAC) required all carriers 
serving China to waive restrictions on changes or refunds for travel to 
and from all of mainland China. Other airports in Asia also began to 
experience flight cancelations due to health concerns and lower demand. 
More recent travel warnings and changes in passenger demand have 
impacted flights as Coronavirus spread to other parts of the world, 
including the U.S. The FAA continues to receive cancelation notices at 
slot-controlled airports in the U.S., which include JFK, LGA, and DCA, 
as well as U.S. airports designated as IATA Level 2 for flights to and 
from areas with significant Coronavirus outbreaks.\1\
---------------------------------------------------------------------------

    \1\ Although DCA and LGA are not designated as IATA Level 3 
slot-controlled airports given that these airports primarily serve 
domestic destinations, FAA limits operations at these airports via 
rules at DCA and an Order at LGA that are equivalent to IATA Level 
3.
---------------------------------------------------------------------------

    Several foreign airlines have petitioned the FAA to grant a waiver 
of the 80 percent minimum slot usage requirement at JFK through the 
Winter 2019/2020 scheduling season ending on March 28, 2020 and some 
petitioners have sought relief for portions, or the entirety, of the 
Summer 2020 scheduling season. On March 2, 2020, IATA petitioned on 
behalf of airlines for a slot usage waiver at all constrained airports 
through the Summer 2020 scheduling season ending on October 24, 2020. 
On March 6, 2020, Airlines for America petitioned the FAA on behalf of 
domestic member airlines for ``a waiver of the minimum slot usage 
requirement at all slot-controlled and schedule facilitated airports 
for at least Summer 2020.'' Multiple U.S. carriers have also submitted 
individual petitions for slot usage relief with respect to all three 
U.S. slot-controlled airports. The petitioners base their requests on 
the public health situation, travel restrictions, and the highly 
unusual and unpredictable nature of the Coronavirus impacts on demand 
for air travel.

Standard

    At JFK and LGA, each slot must be used at least 80 percent of the 
time.\2\ 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.\3\
---------------------------------------------------------------------------

    \2\ Operating Limitations at John F. Kennedy International 
Airport, 83 FR 46865 (Sep. 17, 2018); Operating Limitations at New 
York LaGuardia Airport, 83 FR 47065 at 47066 (Sep. 18, 2018).
    \3\ 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, 83 FR at 46867. 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, 83 FR at 
47066.
---------------------------------------------------------------------------

    At DCA, any slot not used at least 80 percent of the time over a 
two-month period will also be recalled by the FAA.\4\ 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.\5\
---------------------------------------------------------------------------

    \4\ See 14 CFR Sec.  93.227(a).
    \5\ See 14 CFR Sec.  93.227(j).
---------------------------------------------------------------------------

    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 and maximize the benefits to both 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 they make decisions in 
anticipation of the FAA granting a slot usage waiver. Relevant here, 
however, the FAA has established precedent for granting a limited 
waiver of the minimum slot usage requirement related to an infectious 
disease outbreak.\6\
---------------------------------------------------------------------------

    \6\ See e.g. Operating Limitations at John F. Kennedy 
International Airport and Newark Liberty International Airport; 
Notice of Limited Waiver of the Slot Usage Requirement, 74 FR 34393 
(July 15, 2009).
---------------------------------------------------------------------------

Analysis

    Slots are a scarce resource. Slot usage waivers accordingly are 
reserved for extraordinary circumstances. The FAA has determined that 
the exceptional circumstances associated with the Coronavirus meet the 
criteria for a limited waiver, as announced here, of the minimum slot 
usage requirements for flights scheduled between JFK, LGA, and DCA, 
respectively, and other points that are canceled as a direct result of 
Coronavirus-related impacts. The FAA also acknowledges that the 
timeframe and scope of impacts of Coronavirus on commercial air travel 
remain uncertain. The FAA does not intend routinely to grant broad, 
generalized relief from the minimum slot usage requirements. The usage 
requirement allows for up to 20 percent nonuse to accommodate planned 
and unplanned cancelations. This allowance is expected to accommodate 
routine weather and other cancelations under all but the most unusual 
circumstances. However, the current impacts of Coronavirus on 
commercial aviation are dramatic and extraordinary. In light of these 
evolving and extraordinary circumstances, the relief announced here 
from the minimum slot usage requirement at all slot-controlled airports 
in the U.S. is appropriate.
    The FAA will continue to monitor the outbreak and its effects on 
commercial aviation and may augment this waiver as circumstances 
warrant. The FAA will inform carriers of any extension to the waiver 
period as soon as possible.
    In addition, the FAA notes that numerous carriers have inquired 
about Coronavirus-related relief at U.S. airports designated as IATA 
Level 2 schedule facilitated airports, including ORD, EWR, LAX, and 
SFO. It is the policy of the FAA to prioritize flights canceled at IATA 
Level 2 airports in the U.S. due to Coronavirus through May 31, 2020, 
consistent with the IATA Worldwide Slot Guidelines (WSG), for purposes 
of establishing a carrier's baseline in the next corresponding 
season.\7\
---------------------------------------------------------------------------

    \7\ The FAA notes that a minimum usage requirement does not 
apply at designated IATA Level 2 airports in the U.S. Moreover, 
established procedures under the IATA WSG allow for the 
prioritization of such cancelations in subsequent corresponding 
seasons consistent with the FAA's policy statement in this notice.
---------------------------------------------------------------------------

    The FAA is acting in good faith in granting the relief announced 
here to all carriers impacted by the Coronavirus worldwide. Without 
slot usage waivers to accommodate the current reduction in passenger 
demand, carriers may have to operate substantially empty flights to 
preserve their slots. In granting this

[[Page 15020]]

relief from slot usage requirements, the FAA expects that U.S. carriers 
will be accommodated with reciprocal relief by foreign coordinators. 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. 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 [email protected] 
confirming reciprocal treatment of the slot holdings of U.S. carriers.

Decision

    The FAA will waive the minimum slot usage requirements for all 
carriers canceling scheduled flights at JFK, LGA, and DCA as a direct 
result of the Coronavirus. This action is effective for Coronavirus-
related flight cancelations through May 31, 2020. This decision is 
intended to provide limited relief to allow airlines to adjust 
schedules to changing demand projections at U.S. slot-controlled 
airports directly resulting from Coronavirus. Carriers should advise 
the FAA Slot Administration Office of Coronavirus-related cancelations 
and return the slots to the FAA by email to [email protected] to 
obtain relief. The information provided must 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 Coronavirus outbreak.

    Issued in Washington, DC on March 11, 2020.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020-05278 Filed 3-13-20; 8:45 am]
 BILLING CODE 4910-13-P

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