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, 21500-21503 [2020-08174]
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
In accordance with the
Paperwork Reduction Act of 1995, the
Federal Aviation Administration (FAA)
invites public comments about its
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information to be
collected will be used to and/or is
necessary for the purpose of selecting,
evaluating, and determining eligibility
of applicants for potential grant award
under the FAA Aviation Research
Grants Program. Grants awarded under
this program are for the potential benefit
of the long-term growth of civil aviation
and Commercial Space Transportation.
DATES: Written comments should be
submitted by June 16, 2020.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field)
By mail: Trina M. Bellamy, Grants
Officer, William J. Hughes Technical
Center, Building 300, Acquisition &
Grants Division, Atlantic City
International Airport, Atlantic City, NJ
08405
FOR FURTHER INFORMATION CONTACT:
Trina M. Bellamy by email at
Trina.Bellamy@faa.gov; phone: 609–
485–7483.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0559.
Title: Aviation Research Grants
Program.
Form Numbers: SF–272, 9550–5, SF–
424, SF–3881, SF–269, SF–270.
Type of Review: Renewal of an
information collection.
Background: The FAA Aviation
Research Grant Program establishes
uniform policies and procedures for the
award and administration of research
grants and cooperative agreements to
colleges, universities, not for profit
research institutions for research that is
of potential benefit to the long-term
growth of civil aviation and Commercial
Space Transportation. This program
implements OMB Circular A–110,
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SUMMARY:
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Public Law 101–508, Section 9205 and
9208 and Public Law 101–604, Section
107(d). The information is collected
through a solicitation that has been
published by the FAA. Prospective
grantees respond to the solicitation
using a proposal format outlined in the
solicitation in adherence to applicable
FAA directives, statutes, and OMB
circulars.
Respondents: 50.
Frequency: On occasion.
Estimated Average Burden per
Response: 5 hours.
Estimated Total Annual Burden: 5
hours per respondent.
Issued in Atlantic City, NJ, on April 13,
2020.
Trina M. Bellamy,
Grants Officer,Acquisition & Grants Division/
AAQ–600.
[FR Doc. 2020–08190 Filed 4–16–20; 8:45 am]
BILLING CODE 4910–13–P
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 extension of limited
waiver of the minimum slot usage
requirement.
AGENCY:
The FAA has determined to
extend through October 24, 2020, the
coronavirus (COVID–19)-related limited
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 May 31, 2020.
Similarly, the FAA has determined to
extend through October 24, 2020, its
coronavirus-related policy for
prioritizing flights canceled or
otherwise not operated as originally
intended 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. 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). These extensions through
October 24, 2020, are available on the
SUMMARY:
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same terms as the relief that the FAA
already has announced through May 31,
2020.
DATES: Effective upon publication.
FOR FURTHER INFORMATION CONTACT:
Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–3808;
email: bonnie.dragotto@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
In a notice that the FAA issued on
March 11, 2020, and published in the
Federal Register on March 16, 2020 (85
FR 15018), the FAA announced certain
relief through May 31, 2020, in light of
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’’).
As announced in that notice, 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.1 In
addition, that notice announced that the
FAA will prioritize flights canceled due
to coronavirus at designated IATA Level
2 airports in the United States—
including ORD, EWR, LAX, and SFO—
through May 31, 2020, for purposes of
establishing a carrier’s operational
baseline in the next corresponding
season.2
In granting this relief, the FAA
asserted its expectation that foreign
airport slot coordinators would
accommodate U.S. carriers with
reciprocal relief. The FAA further stated
that it would continue to monitor the
situation and might augment the waiver
as circumstances warrant.
On March 22, 2020, the FAA issued
a notice inviting stakeholders to show
cause why the FAA should or should
not extend the relief provided in the
March 11, 2020, notice through the
Summer 2020 scheduling season, which
1 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. The FAA clarifies
that the relief provided in the March 11 notice and
in this decision extends to all allocated slots,
including slots allocated by exemption.
2 The FAA notes that a minimum usage
requirement does not apply at designated IATA
Level 2 airports in the United States. Moreover,
established procedures under the IATA Worldwide
Slot Guidelines allow for the prioritization of such
cancelations in subsequent corresponding seasons
consistent with the FAA’s policy statement.
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
ends on October 24, 2020. See 85 FR
16989 (Mar. 25, 2020). In the March 22,
2020 show cause notice, the FAA
reviewed the increased disruption to
demand for air travel caused by the
coronavirus since the March 11, 2020
notice, and summarized the petitions of
many carriers and IATA seeking
additional relief from the 80 percent
minimum slot usage requirement at U.S.
airports through the Summer 2020
scheduling season.
Since the March 22, 2020 show cause
notice, the disruption from the
coronavirus public health emergency
has continued to grow in the United
States and worldwide. On March 27,
2020, the Centers for Disease Control
and Prevention (CDC) issued a
worldwide Level 3 Warning to avoid
nonessential international travel due to
widespread ongoing transmission of
COVID–19. On March 29, 2020, the
President announced an extension
through April 30, 2020, of the ‘‘Slow the
Spread’’ campaign that includes social
distancing guidelines and a
recommendation to avoid discretionary
travel. ‘‘Stay-at-home’’ orders have been
introduced or extended across much of
the United States, including for all
locations of U.S. slot-controlled and
designated IATA Level 2 airports, to
varying degrees and durations. Many
other countries are also implementing
travel restrictions and mandatory
quarantines, closing borders, and
prohibiting non-citizens from entry.
Consistent with the FAA’s tentative
determination, on March 31, 2020, the
Council of the European Union (EU)
enacted a measure to extend relief from
the minimum slot usage requirements
applicable at slot-controlled airports in
the EU through the Summer 2020
scheduling season. In addition, several
other foreign coordinators have likewise
extended, or announced the intent to
extend, relief from minimum slot usage
rules through the end of the Summer
2020 season.
The FAA continues to receive
cancelation notices at slot-controlled
airports in the United States, 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.
Nearly every carrier at the U.S. slotcontrolled and IATA level 2 airports has
experienced significant COVID–19
related schedule impacts, with many
carriers indicating that they expect to
operate 20% or less of their previously
planned and published schedules over
the coming months.
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Summary of Comments and
Information Submitted
The FAA received comments from 31
stakeholders, including IATA, Airlines
for America (A4A), the Cargo Airline
Association (CAA), SkyTeam Airline
Alliance, numerous U.S. and foreign
carriers,3 Airports Council
International—North America (ACI–
NA), the City of Chicago Department of
Aviation (CDA), the Metropolitan
Washington Airports Authority
(MWAA), and the Port Authority of New
York and New Jersey (PANYNJ). One
additional comment was received from
the Hong Kong Schedule Coordination
Office regarding the FAA’s stated policy
concerning reciprocity, noting Hong
Kong’s provision of relief from the
minimum usage requirement for carriers
impacted by COVID–19 through the end
of the Summer 2020 scheduling season.
All of the airlines and airline industry
advocates expressed support for an
extension through the end of the
Summer 2020 scheduling season. IATA
submits that it forecasts negative
impacts from coronavirus on airline
revenue amounting to a 259 billion USD
loss in passenger revenues worldwide
and a 50 billion USD loss in the North
American market due to a -27% change
in passenger demand. IATA asserts that
‘‘[t]he ability for the airline industry to
survive depends on government support
and accommodation’’ as ‘‘airlines are
being forced to ground entire fleets and
halt international flying entirely in an
effort to survive the devastating impact
of this crisis.’’ IATA notes that the
minimum usage rule is ‘‘well suited to
normal operations, but its
implementation under such exceptional
circumstances is unnecessary and only
forces flying that is neither
economically or environmentally
responsible or sustainable.’’ Analysis
provided by IATA in support of its
position demonstrates that a deep
economic recession would be expected
to further delay recovery of the airline
industry beyond the Summer 2020
season.
Several airlines provided data
demonstrating the dramatic decrease in
passenger demand for travel through
2020 compared to the same periods in
2019, the details of which they have
3 Individual carriers from whom comments were
received include Air New Zealand, LOT Polish
Airlines, Kuwait Airways, Royal Jordanian,
Scandinavian Airlines, Cathay Pacific, Emirates,
Delta Air Lines, KLM Royal Dutch Airlines,
American Airlines, Avianca, Xiamen, Viva Aerobus,
Iberia, JetBlue, Air France, Alitalia, Finnair, Aer
Lingus, Southwest Airlines, Etihad, British
Airways, United Airlines, and Lufthansa Group.
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deemed proprietary.4 The FAA finds
that this data is consistent with the
aggregate data provided by IATA and in
some cases individual carriers have
reported demand at even lower levels
than reflected in IATA’s report. U.S.
carriers have also asserted that the
impacts on air travel demand from the
COVID–19 crisis are expected to persist
well into the summer and an extension
of the waiver will allow airlines to
create plans to protect jobs, ensure
continued air service to the
communities served, and position the
airline industry for a robust economic
recovery. Several foreign carriers also
noted that, due to current travel
restrictions, they have had to cancel all
flights for certain periods. Most carriers
point to the uncertainty associated with
the public health emergency and
indicate that providing relief from the
usage requirement will enable carriers
to resume flights as quickly as possible
in the aftermath of this public health
emergency. Some carriers noted plans to
increase frequencies at U.S. slotcontrolled airports, which will now be
postponed as recovery from ‘‘these lifechanging events’’ is expected to take a
significant period of time. Airlines
assert that the temporary suspension of
minimum slot usage rules will provide
necessary flexibility to tailor operating
plans to the evolving situation and
adjust resources in preparation for the
future recovery of demand.
In addition, the CAA and others
specifically note that in this time of
emergency it would be in the public
interest for the FAA to temporarily
reallocate to cargo airlines the slots not
used for passenger operations during
this time period. CAA elaborates that
‘‘[a]s the nation copes with the
pandemic and implements ‘shelter-inplace’ policies, supply chain continuity
(including consumer staples, medical
and health-related supplies) has become
a key element of the private sector’s
response to the pandemic, and many of
these goods travel by air.’’
While mindful of industry impacts,
the airport authorities and their
advocates, including ACI–NA, CDA,
MWAA, and PANYNJ, collectively
oppose an extension for the full
duration of the Summer 2020 season at
this time. The PANYNJ and MWAA
expressed support for an extension
through June 30, 2020, with the
4 Five carriers, including U.S. and foreign
carriers, submitted detailed information on the
reduction in passenger demand related to COVID–
19. Each of these carriers marked portions of
comments, or entire comments, as proprietary and
confidential, and the FAA will maintain the
confidentiality of this information to the extent
permitted by law.
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possibility of further relief per ongoing
review as the situation evolves. MWAA
explains that this more limited action
would provide justifiable relief to the air
carriers operating at DCA, and does not
preclude the FAA from extending such
relief beyond June 30, 2020, should it
continue to be necessary. MWAA
further asserts that ‘‘waiver decisions
should be tailored to address the
unusual and unpredictable condition at
issue, with the goal to facilitate the swift
restoration of the connectivity and
economic benefits of air travel as soon
as practicable.’’ ACI–NA and the CDA
similarly comment that ‘‘uncertainty
around the evolving pandemic and
recovery supports the FAA taking a
more precise and targeted approach to
slot waivers, as opposed to a broad
general waiver, particularly given that
most of the slot-controlled facilities
covered under this waiver are at
predominantly domestic airports.’’ ACI–
NA further notes that ‘‘some air carriers
may be in a diminished financial
condition when the recovery begins and
therefore may be further incentivized to
add capacity more slowly than demand
warrants in order to bolster their market
pricing power and enhanced yields.’’
The PANYNJ commented that it seeks
to ensure that valuable infrastructure is
put to use as soon as demand warrants.
In support of its position, PANYNJ
asserts that based on published
schedule data, a majority of carriers
have made ‘‘sweeping near-term
schedule adjustments, though none
extending beyond May or June.’’ Thus,
according to PANYNJ, a waiver of slot
requirements extending through October
24, 2020 is not justified by current
scheduling behavior.
Discussion
The FAA agrees with the position of
the airport authorities that waiver
decisions should be tailored to address
the unusual and unpredictable
condition at issue, with a goal of
facilitating the swift restoration of the
connectivity and economic benefits of
air travel as soon as practicable. The
FAA finds that this threshold has been
met under the exceptional
circumstances surrounding the
coronavirus public health emergency,
including with respect to the situation
domestically. Ample evidence supports
a conclusion that the airline industry is
likely to need flexible relief for the
duration of the Summer 2020
scheduling season.
The FAA is unpersuaded by
comments opposing an extension
through the end of the Summer 2020
season based on the uncertainty of the
recovery timeline. The FAA finds that
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the proposed alternative extension of
one additional month of relief through
June 30, with ongoing review for further
relief, would unduly burden airlines
with added uncertainty. The FAA
recognizes that demand is unlikely to
immediately return to historic levels as
soon as travel restrictions and stay at
home orders are lifted. Therefore, the
FAA concludes that, beyond the
pendency of the coronavirus public
health emergency, further
accommodating a reasonable buffer
period thereafter is appropriate to allow
airlines the ability to recall employees,
inspect aircraft, market flights, and take
other actions necessary to resume
normal operations.
Indeed, as noted by the PANYNJ,
global air carriers have collectively
grounded thousands of aircraft and laidoff or furloughed up to 90% of their
workforce. The FAA notes that some
airports have also experienced
operational changes to adjust to
temporary flight reductions such as
closing terminals or gates to manage
remaining flights more efficiently. These
factors will have a significant impact on
the speed with which air service can be
re-mobilized. Airlines will need
flexibility in the recovery period
expected to follow this unprecedented
disruption. As commenters noted,
extending relief through the Summer
2020 season is prudent, with the
information presently available and
under the circumstances that are
reasonably foreseeable at this time, to
allow carriers to continue to provide
service at a level that reflects depressed
demand trends until it is feasible to
return to previous levels of flying.
Further, providing prospective relief
through the end of the Summer 2020
season is expected to incentivize the
continued advance return of slots,
making them available for temporary
reallocation to carriers that are in a
position to offer critical public services
until slot holders are able to resume
normal pre-coronavirus operating
levels.5
Finally, the FAA notes that published
schedule data is preliminary and subject
to change; it is therefore not a reliable
marker of future airline behavior as the
industry awaits the FAA’s final decision
following the March 22 show cause
notice. FAA weekly Cirium schedule
information confirms considerable
volatility as airlines change and update
schedules frequently. Absent an
extended grant of relief, airlines would
5 Consistent with usual practice, the Slot Office
has been granting non-historic approval for
additional cargo, passenger, repatriation, and other
flights based on flight cancelations responsive to
the March 11, 2020, usage waiver.
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not have the certainty necessary to
adjust their schedules beyond May 31,
2020, especially for domestic flights.
The FAA finds that the benefits to the
airline industry of providing relief
through the end of the Summer 2020
scheduling season significantly
outweigh the risks identified in
comments opposing that relief.
Therefore, the FAA will not penalize
airlines for flights canceled or otherwise
not operated as originally intended at
slot-controlled airports or designated
IATA Level 2 airports, stemming from
drastically reduced passenger demand
caused by the extraordinary and
unforeseen coronavirus public health
emergency.6 This decision does not
preclude carriers from resuming
operations during the Summer 2020
scheduling season should circumstances
shift toward recovery more rapidly than
currently anticipated.
The FAA agrees with comments from
CAA and others that, consistent with
established rules in effect at slotcontrolled airports in the United States
and the FAA’s usual practices, it is in
the public interest to make unused slots
available on a temporary basis to
carriers that are providing important
public services during this public health
emergency. The FAA has already
approved additional flights on a nonhistoric basis at JFK given the number
of flight cancelations. The FAA
therefore encourages carriers to return
any slots that may not be used during
the Summer 2020 scheduling season to
the FAA as soon as possible for
temporary reallocation.
Decision
In consideration of the foregoing
information, the comments that the FAA
has received, and absent a showing of
good cause to take alternative action, the
FAA has determined to extend through
October 24, 2020, the coronavirusrelated limited waiver of the minimum
slot usage requirement at JFK, LGA, and
DCA that the FAA has already made
available through May 31, 2020, on the
same terms as the FAA announced in
granting that relief.7 Similarly, the FAA
6 The FAA notes that some flights may not yet be
published for sale during the full Summer 2020
scheduling season; the FAA therefore, clarifies in
this notice that the reference to ‘‘cancelations’’ is
used to refer to any scheduled flight or slot
approved by the FAA that will not be operated as
a direct result of COVID–19 impacts.
7 The FAA is responsible to develop plans and
policy for the use of the 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 JFK and LGA. See
Operating Limitations at John F. Kennedy
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has determined to extend through
October 24, 2020, its coronavirus-related
policy for prioritizing flights canceled or
otherwise not operated as originally
intended at designated IATA Level 2
airports in the United States, for
purposes of establishing a carrier’s
operational baseline in the next
corresponding season.
The coronavirus continues to present
a highly unusual and unpredictable
condition that is beyond the control of
carriers. Passenger demand continues to
decrease dramatically as a result of the
coronavirus. The ultimate duration and
severity of coronavirus impacts on
passenger demand in the United States
and internationally remain unclear.
Even after the outbreak is contained,
impacts on passenger demand are likely
to continue for some time. The FAA has
therefore concluded that an extension of
relief through October 24, 2020, is
appropriate to provide carriers with
maximum flexibility during this
unprecedented situation and to support
the long-term viability of carrier
operations at slot-controlled and IATA
Level 2 airports in the United States.8
Continuing relief for this additional
period is reasonable to mitigate the
impacts on demand for air travel
resulting from the spread of the
coronavirus worldwide.
The FAA reiterates its expectation
that foreign slot coordinators will
provide reciprocal relief to U.S. carriers.
To the extent that U.S. carriers fly to a
foreign carrier’s home jurisdiction and
that home jurisdiction does not offer
reciprocal relief to U.S. carriers, the
FAA may determine not to grant a
waiver to that foreign carrier. 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.
Carriers should advise the FAA Slot
Administration Office of coronavirusrelated cancelations as soon as possible
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
International Airport, 83 FR 46865 (Sep. 17, 2018);
Operating Limitations at New York LaGuardia
Airport, 83 FR 47065 at 47066 (Sep. 18, 2018).
8 Nothing in this decision relieves carriers of any
minimum air service obligations arising under DOT
Order 2020–4–2, posted in Docket DOT–OST–
2020–0037.
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cancelations directly relate to the
coronavirus outbreak.
Issued in Washington, DC, on April 9,
2020.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020–08174 Filed 4–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2020–0387]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Domestic and
International Flight Plans
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The collection involves
extracting flight data such as aircraft,
routing speed, etc. from domestic and
international flights. FAA Form 7233–1,
Flight Plan: Domestic flight plan
information is used to govern the flight
of aircraft for the protection and
identification of aircraft and property
and persons on the ground. The
information is used by air traffic
controllers, search and rescue (SAR)
personnel, flight standards inspectors,
accident investigators, military, law
enforcement, and the Department of
Homeland Security.
FAA Form 7233–4, International
Flight Plan: International flight plan
information is used for the same
purposes as domestic flight plans; in
addition, it is used by Customs and
international controllers.
DATES: Written comments should be
submitted by June 16, 2020.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By Mail: Aldwin E Humphrey, 8th
Floor, Room 8407, I St. NW,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Jeff
Black by email at: jeff.black@faa.gov;
phone: 214–687–8924.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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21503
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0026.
Title: Domestic and International
Flight Plans.
Form Numbers: FAA form 7233–1
Flight Plan, FAA form 7233–4
International Flight Plan.
Type of Review: Renewal of an
information collection.
Background: The Federal Aviation
Administration (FAA) is authorized and
directed by Title 49, United States Code,
paragraph 40103(b), to prescribe air
traffic rules and regulations governing
the flight of aircraft for the protection
and identification of aircraft and
property and persons on the ground.
Title 14, CFR, Part 91, Subchapter F,
prescribes flight rules governing the
operation of aircraft within the United
States. These rules govern the operation
of aircraft (other than moored balloons,
kites, unmanned rockets and unmanned
free balloons) within the United States
and for flights across international
borders. Paragraphs 91.153 and 91.169,
address flight plan information
requirements. Paragraph 91.173 states
requirements for when an instrument
flight rules (IFR) flight plan must be
filed. International Standards Rules of
the Air, Annex 2 to the Convention on
International Civil Aviation paragraph
3.3 states requirements for filing
international flight plans. In addition, a
Washington, District of Columbia (DC)
Special Flight Rules Area (SFRA) was
implemented requiring pilots operating
within a certain radius of Washington,
DC to follow special security flight
rules. The SFRA also includes three (3)
general aviation airports in Maryland
(College Park, Clinton/Washington
Executive/Hyde Field, and Friendly/
Potomac Airfield) where pilots are
required to file a flight plan regardless
of whether they are flying under visual
flight rules (VFR) or IFR. This collection
of information supports the Department
of Homeland Security and the
Department of Defense in addition to
the normal flight plan purposes.
Almost 100 percent of flight plans are
filed electronically. However, as a
courtesy to the aviation public, flight
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[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21500-21503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08174]
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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 extension of limited waiver of the minimum slot usage
requirement.
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SUMMARY: The FAA has determined to extend through October 24, 2020, the
coronavirus (COVID-19)-related limited 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 May 31, 2020.
Similarly, the FAA has determined to extend through October 24, 2020,
its coronavirus-related policy for prioritizing flights canceled or
otherwise not operated as originally intended 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. 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). These extensions through
October 24, 2020, are available on the same terms as the relief that
the FAA already has announced through May 31, 2020.
DATES: Effective upon publication.
FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
3808; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In a notice that the FAA issued on March 11, 2020, and published in
the Federal Register on March 16, 2020 (85 FR 15018), the FAA announced
certain relief through May 31, 2020, in light of 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''). As
announced in that notice, 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.\1\
In addition, that notice announced that the FAA will prioritize flights
canceled due to coronavirus at designated IATA Level 2 airports in the
United States--including ORD, EWR, LAX, and SFO--through May 31, 2020,
for purposes of establishing a carrier's operational baseline in the
next corresponding season.\2\
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\1\ 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. The FAA clarifies that the relief provided in the March 11
notice and in this decision extends to all allocated slots,
including slots allocated by exemption.
\2\ The FAA notes that a minimum usage requirement does not
apply at designated IATA Level 2 airports in the United States.
Moreover, established procedures under the IATA Worldwide Slot
Guidelines allow for the prioritization of such cancelations in
subsequent corresponding seasons consistent with the FAA's policy
statement.
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In granting this relief, the FAA asserted its expectation that
foreign airport slot coordinators would accommodate U.S. carriers with
reciprocal relief. The FAA further stated that it would continue to
monitor the situation and might augment the waiver as circumstances
warrant.
On March 22, 2020, the FAA issued a notice inviting stakeholders to
show cause why the FAA should or should not extend the relief provided
in the March 11, 2020, notice through the Summer 2020 scheduling
season, which
[[Page 21501]]
ends on October 24, 2020. See 85 FR 16989 (Mar. 25, 2020). In the March
22, 2020 show cause notice, the FAA reviewed the increased disruption
to demand for air travel caused by the coronavirus since the March 11,
2020 notice, and summarized the petitions of many carriers and IATA
seeking additional relief from the 80 percent minimum slot usage
requirement at U.S. airports through the Summer 2020 scheduling season.
Since the March 22, 2020 show cause notice, the disruption from the
coronavirus public health emergency has continued to grow in the United
States and worldwide. On March 27, 2020, the Centers for Disease
Control and Prevention (CDC) issued a worldwide Level 3 Warning to
avoid nonessential international travel due to widespread ongoing
transmission of COVID-19. On March 29, 2020, the President announced an
extension through April 30, 2020, of the ``Slow the Spread'' campaign
that includes social distancing guidelines and a recommendation to
avoid discretionary travel. ``Stay-at-home'' orders have been
introduced or extended across much of the United States, including for
all locations of U.S. slot-controlled and designated IATA Level 2
airports, to varying degrees and durations. Many other countries are
also implementing travel restrictions and mandatory quarantines,
closing borders, and prohibiting non-citizens from entry.
Consistent with the FAA's tentative determination, on March 31,
2020, the Council of the European Union (EU) enacted a measure to
extend relief from the minimum slot usage requirements applicable at
slot-controlled airports in the EU through the Summer 2020 scheduling
season. In addition, several other foreign coordinators have likewise
extended, or announced the intent to extend, relief from minimum slot
usage rules through the end of the Summer 2020 season.
The FAA continues to receive cancelation notices at slot-controlled
airports in the United States, 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. Nearly every carrier at
the U.S. slot-controlled and IATA level 2 airports has experienced
significant COVID-19 related schedule impacts, with many carriers
indicating that they expect to operate 20% or less of their previously
planned and published schedules over the coming months.
Summary of Comments and Information Submitted
The FAA received comments from 31 stakeholders, including IATA,
Airlines for America (A4A), the Cargo Airline Association (CAA),
SkyTeam Airline Alliance, numerous U.S. and foreign carriers,\3\
Airports Council International--North America (ACI-NA), the City of
Chicago Department of Aviation (CDA), the Metropolitan Washington
Airports Authority (MWAA), and the Port Authority of New York and New
Jersey (PANYNJ). One additional comment was received from the Hong Kong
Schedule Coordination Office regarding the FAA's stated policy
concerning reciprocity, noting Hong Kong's provision of relief from the
minimum usage requirement for carriers impacted by COVID-19 through the
end of the Summer 2020 scheduling season.
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\3\ Individual carriers from whom comments were received include
Air New Zealand, LOT Polish Airlines, Kuwait Airways, Royal
Jordanian, Scandinavian Airlines, Cathay Pacific, Emirates, Delta
Air Lines, KLM Royal Dutch Airlines, American Airlines, Avianca,
Xiamen, Viva Aerobus, Iberia, JetBlue, Air France, Alitalia,
Finnair, Aer Lingus, Southwest Airlines, Etihad, British Airways,
United Airlines, and Lufthansa Group.
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All of the airlines and airline industry advocates expressed
support for an extension through the end of the Summer 2020 scheduling
season. IATA submits that it forecasts negative impacts from
coronavirus on airline revenue amounting to a 259 billion USD loss in
passenger revenues worldwide and a 50 billion USD loss in the North
American market due to a -27% change in passenger demand. IATA asserts
that ``[t]he ability for the airline industry to survive depends on
government support and accommodation'' as ``airlines are being forced
to ground entire fleets and halt international flying entirely in an
effort to survive the devastating impact of this crisis.'' IATA notes
that the minimum usage rule is ``well suited to normal operations, but
its implementation under such exceptional circumstances is unnecessary
and only forces flying that is neither economically or environmentally
responsible or sustainable.'' Analysis provided by IATA in support of
its position demonstrates that a deep economic recession would be
expected to further delay recovery of the airline industry beyond the
Summer 2020 season.
Several airlines provided data demonstrating the dramatic decrease
in passenger demand for travel through 2020 compared to the same
periods in 2019, the details of which they have deemed proprietary.\4\
The FAA finds that this data is consistent with the aggregate data
provided by IATA and in some cases individual carriers have reported
demand at even lower levels than reflected in IATA's report. U.S.
carriers have also asserted that the impacts on air travel demand from
the COVID-19 crisis are expected to persist well into the summer and an
extension of the waiver will allow airlines to create plans to protect
jobs, ensure continued air service to the communities served, and
position the airline industry for a robust economic recovery. Several
foreign carriers also noted that, due to current travel restrictions,
they have had to cancel all flights for certain periods. Most carriers
point to the uncertainty associated with the public health emergency
and indicate that providing relief from the usage requirement will
enable carriers to resume flights as quickly as possible in the
aftermath of this public health emergency. Some carriers noted plans to
increase frequencies at U.S. slot-controlled airports, which will now
be postponed as recovery from ``these life-changing events'' is
expected to take a significant period of time. Airlines assert that the
temporary suspension of minimum slot usage rules will provide necessary
flexibility to tailor operating plans to the evolving situation and
adjust resources in preparation for the future recovery of demand.
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\4\ Five carriers, including U.S. and foreign carriers,
submitted detailed information on the reduction in passenger demand
related to COVID-19. Each of these carriers marked portions of
comments, or entire comments, as proprietary and confidential, and
the FAA will maintain the confidentiality of this information to the
extent permitted by law.
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In addition, the CAA and others specifically note that in this time
of emergency it would be in the public interest for the FAA to
temporarily reallocate to cargo airlines the slots not used for
passenger operations during this time period. CAA elaborates that
``[a]s the nation copes with the pandemic and implements `shelter-in-
place' policies, supply chain continuity (including consumer staples,
medical and health-related supplies) has become a key element of the
private sector's response to the pandemic, and many of these goods
travel by air.''
While mindful of industry impacts, the airport authorities and
their advocates, including ACI-NA, CDA, MWAA, and PANYNJ, collectively
oppose an extension for the full duration of the Summer 2020 season at
this time. The PANYNJ and MWAA expressed support for an extension
through June 30, 2020, with the
[[Page 21502]]
possibility of further relief per ongoing review as the situation
evolves. MWAA explains that this more limited action would provide
justifiable relief to the air carriers operating at DCA, and does not
preclude the FAA from extending such relief beyond June 30, 2020,
should it continue to be necessary. MWAA further asserts that ``waiver
decisions should be tailored to address the unusual and unpredictable
condition at issue, with the goal to facilitate the swift restoration
of the connectivity and economic benefits of air travel as soon as
practicable.'' ACI-NA and the CDA similarly comment that ``uncertainty
around the evolving pandemic and recovery supports the FAA taking a
more precise and targeted approach to slot waivers, as opposed to a
broad general waiver, particularly given that most of the slot-
controlled facilities covered under this waiver are at predominantly
domestic airports.'' ACI-NA further notes that ``some air carriers may
be in a diminished financial condition when the recovery begins and
therefore may be further incentivized to add capacity more slowly than
demand warrants in order to bolster their market pricing power and
enhanced yields.''
The PANYNJ commented that it seeks to ensure that valuable
infrastructure is put to use as soon as demand warrants. In support of
its position, PANYNJ asserts that based on published schedule data, a
majority of carriers have made ``sweeping near-term schedule
adjustments, though none extending beyond May or June.'' Thus,
according to PANYNJ, a waiver of slot requirements extending through
October 24, 2020 is not justified by current scheduling behavior.
Discussion
The FAA agrees with the position of the airport authorities that
waiver decisions should be tailored to address the unusual and
unpredictable condition at issue, with a goal of facilitating the swift
restoration of the connectivity and economic benefits of air travel as
soon as practicable. The FAA finds that this threshold has been met
under the exceptional circumstances surrounding the coronavirus public
health emergency, including with respect to the situation domestically.
Ample evidence supports a conclusion that the airline industry is
likely to need flexible relief for the duration of the Summer 2020
scheduling season.
The FAA is unpersuaded by comments opposing an extension through
the end of the Summer 2020 season based on the uncertainty of the
recovery timeline. The FAA finds that the proposed alternative
extension of one additional month of relief through June 30, with
ongoing review for further relief, would unduly burden airlines with
added uncertainty. The FAA recognizes that demand is unlikely to
immediately return to historic levels as soon as travel restrictions
and stay at home orders are lifted. Therefore, the FAA concludes that,
beyond the pendency of the coronavirus public health emergency, further
accommodating a reasonable buffer period thereafter is appropriate to
allow airlines the ability to recall employees, inspect aircraft,
market flights, and take other actions necessary to resume normal
operations.
Indeed, as noted by the PANYNJ, global air carriers have
collectively grounded thousands of aircraft and laid-off or furloughed
up to 90% of their workforce. The FAA notes that some airports have
also experienced operational changes to adjust to temporary flight
reductions such as closing terminals or gates to manage remaining
flights more efficiently. These factors will have a significant impact
on the speed with which air service can be re-mobilized. Airlines will
need flexibility in the recovery period expected to follow this
unprecedented disruption. As commenters noted, extending relief through
the Summer 2020 season is prudent, with the information presently
available and under the circumstances that are reasonably foreseeable
at this time, to allow carriers to continue to provide service at a
level that reflects depressed demand trends until it is feasible to
return to previous levels of flying. Further, providing prospective
relief through the end of the Summer 2020 season is expected to
incentivize the continued advance return of slots, making them
available for temporary reallocation to carriers that are in a position
to offer critical public services until slot holders are able to resume
normal pre-coronavirus operating levels.\5\
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\5\ Consistent with usual practice, the Slot Office has been
granting non-historic approval for additional cargo, passenger,
repatriation, and other flights based on flight cancelations
responsive to the March 11, 2020, usage waiver.
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Finally, the FAA notes that published schedule data is preliminary
and subject to change; it is therefore not a reliable marker of future
airline behavior as the industry awaits the FAA's final decision
following the March 22 show cause notice. FAA weekly Cirium schedule
information confirms considerable volatility as airlines change and
update schedules frequently. Absent an extended grant of relief,
airlines would not have the certainty necessary to adjust their
schedules beyond May 31, 2020, especially for domestic flights.
The FAA finds that the benefits to the airline industry of
providing relief through the end of the Summer 2020 scheduling season
significantly outweigh the risks identified in comments opposing that
relief. Therefore, the FAA will not penalize airlines for flights
canceled or otherwise not operated as originally intended at slot-
controlled airports or designated IATA Level 2 airports, stemming from
drastically reduced passenger demand caused by the extraordinary and
unforeseen coronavirus public health emergency.\6\ This decision does
not preclude carriers from resuming operations during the Summer 2020
scheduling season should circumstances shift toward recovery more
rapidly than currently anticipated.
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\6\ The FAA notes that some flights may not yet be published for
sale during the full Summer 2020 scheduling season; the FAA
therefore, clarifies in this notice that the reference to
``cancelations'' is used to refer to any scheduled flight or slot
approved by the FAA that will not be operated as a direct result of
COVID-19 impacts.
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The FAA agrees with comments from CAA and others that, consistent
with established rules in effect at slot-controlled airports in the
United States and the FAA's usual practices, it is in the public
interest to make unused slots available on a temporary basis to
carriers that are providing important public services during this
public health emergency. The FAA has already approved additional
flights on a non-historic basis at JFK given the number of flight
cancelations. The FAA therefore encourages carriers to return any slots
that may not be used during the Summer 2020 scheduling season to the
FAA as soon as possible for temporary reallocation.
Decision
In consideration of the foregoing information, the comments that
the FAA has received, and absent a showing of good cause to take
alternative action, the FAA has determined to extend through October
24, 2020, the coronavirus-related limited waiver of the minimum slot
usage requirement at JFK, LGA, and DCA that the FAA has already made
available through May 31, 2020, on the same terms as the FAA announced
in granting that relief.\7\ Similarly, the FAA
[[Page 21503]]
has determined to extend through October 24, 2020, its coronavirus-
related policy for prioritizing flights canceled or otherwise not
operated as originally intended at designated IATA Level 2 airports in
the United States, for purposes of establishing a carrier's operational
baseline in the next corresponding season.
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\7\ The FAA is responsible to develop plans and policy for the
use of the 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 JFK and LGA. See
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).
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The coronavirus continues to present a highly unusual and
unpredictable condition that is beyond the control of carriers.
Passenger demand continues to decrease dramatically as a result of the
coronavirus. The ultimate duration and severity of coronavirus impacts
on passenger demand in the United States and internationally remain
unclear. Even after the outbreak is contained, impacts on passenger
demand are likely to continue for some time. The FAA has therefore
concluded that an extension of relief through October 24, 2020, is
appropriate to provide carriers with maximum flexibility during this
unprecedented situation and to support the long-term viability of
carrier operations at slot-controlled and IATA Level 2 airports in the
United States.\8\ Continuing relief for this additional period is
reasonable to mitigate the impacts on demand for air travel resulting
from the spread of the coronavirus worldwide.
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\8\ Nothing in this decision relieves carriers of any minimum
air service obligations arising under DOT Order 2020-4-2, posted in
Docket DOT-OST-2020-0037.
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The FAA reiterates its expectation that foreign slot coordinators
will provide reciprocal relief to U.S. carriers. To the extent that
U.S. carriers fly to a foreign carrier's home jurisdiction and that
home jurisdiction does not offer reciprocal relief to U.S. carriers,
the FAA may determine not to grant a waiver to that foreign carrier. 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.
Carriers should advise the FAA Slot Administration Office of
coronavirus-related cancelations as soon as possible 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 April 9, 2020.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020-08174 Filed 4-16-20; 8:45 am]
BILLING CODE 4910-13-P
