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, 52114-52120 [2021-20400]
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52114
Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules
plc): Docket No. FAA–2020–0364; Project
Identifier MCAI–2019–00119–E.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by November 4,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Rolls-Royce
Deutschland Ltd & Co KG (Type Certificate
previously held by Rolls-Royce plc) (RRD)
Trent 1000–A2, Trent 1000–AE2, Trent
1000–C2, Trent 1000–CE2, Trent 1000–D2,
Trent 1000–E2, Trent 1000–G2, Trent 1000–
H2, Trent 1000–J2, Trent 1000–K2, and Trent
1000–L2 model turbofan engines.
(j) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF TRANSPORTATION
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ECO Branch, send it to
the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
Federal Aviation Administration
(k) Related Information
(d) Subject
Joint Aircraft System Component (JASC)
Code 7200, Engine (Turbine/Turboprop).
(e) Unsafe Condition
This AD was prompted by the
manufacturer revising the engine Time
Limits Manual (TLM) life limits of certain
critical rotating parts, updating direct
accumulation counting (DAC) data files, and
updating certain maintenance tasks. The
FAA is issuing this AD to prevent the failure
of critical rotating parts. The unsafe
condition, if not addressed, could result in
failure of one or more engines, loss of thrust
control, and loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraph (h) of this
AD: Perform all required actions within the
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency AD 2020–0241, dated
November 5, 2020 (EASA AD 2020–0241).
(h) Exceptions to EASA AD 2020–0241
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0241 are not required by this AD.
(2) Where EASA AD 2020–0241 requires
compliance from its effective date, this AD
requires using the effective date of this AD.
(3) Paragraph (3) of EASA AD 2020–0241
specifies revising the approved AMP within
12 months after its effective date, but this AD
requires revising the existing approved AMP
within 90 days after the effective date of this
AD.
(4) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2020–0241.
(1) For more information about EASA AD
2020–0241, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone: +49 221 8999 000; email: ADs@
easa.europa.eu. You may find this material
on the EASA website at https://ad.easa.
europa.eu. You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2020–0364.
(2) For more information about this AD,
contact Kevin M. Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7088; fax: (781) 238–7199; email:
kevin.m.clark@faa.gov.
(3) For RRD service information identified
in this AD, contact Rolls-Royce plc,
Corporate Communications, P.O. Box 31,
Derby, DE24 8BJ, United Kingdom; phone:
+44 (0)1332 242424; fax: +44 (0)1332 249936;
website: https://www.rolls-royce.com/
contact-us.aspx. You may view this material
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
Issued on September 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–20234 Filed 9–17–21; 8:45 am]
BILLING CODE 4910–13–P
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0241 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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14 CFR Part 93
[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 2021/2022 Scheduling Season
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed extension of
a limited, conditional waiver of the
minimum slot usage requirement for all
international operations.
AGENCY:
The FAA proposes to extend
through March 26, 2022, the
Coronavirus (COVID–19)-related
limited, conditional waiver of the
minimum slot usage requirement at
John F. Kennedy International Airport
(JFK), New York LaGuardia Airport
(LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA
has already made available through
October 30, 2021, for all international
operations. Similarly, the FAA proposes
to extend through March 26, 2022, its
COVID–19-related limited, conditional
policy for prioritizing flights canceled at
designated International Air Transport
Association (IATA) Level 2 airports in
the United States, for purposes of
establishing a carrier’s operational
baseline in the next corresponding
season, for all international operations.
These IATA Level 2 airports include
Chicago O’Hare International Airport
(ORD), Newark Liberty International
Airport (EWR), Los Angeles
International Airport (LAX), and San
Francisco International Airport (SFO).
This relief would be limited to slots and
approved operating times used by any
carrier for international operations only,
through March 26, 2022, and would be
subject to the same terms and
conditions, with minor modifications,
that the FAA has already applied to the
relief that remains available through
October 30, 2021. This notice invites
stakeholders to submit comments with
detailed supporting information
relevant to FAA making a final decision.
The FAA anticipates subsequently
providing notice of its final decision.
DATES: Submit comments on or before
September 27, 2021.
SUMMARY:
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Submit written views and
supporting data by email to the Slot
Administration Office at 9-FAA-SlotPolicy@faa.gov.
FOR FURTHER INFORMATION CONTACT: Al
Meilus, Manager, Slot Administration,
AJR–G, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–2822; email
Al.Meilus@faa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
On March 16, 2020, the FAA granted
a limited waiver of the minimum slot
usage requirements 1 to carriers
operating at all slot-controlled airports
in the United States (DCA, JFK, and
LGA) 2 and related relief to carriers
operating at designated IATA Level 2
airports in the United States (EWR,
LAX, ORD, SFO) due to the
extraordinary impacts on the demand
for air travel resulting from the COVID–
19 pandemic.3 Since the initial slot
usage waiver and related relief was
provided, the FAA has taken action to
extend the relief provided on three
occasions subject to certain substantive
changes, including the addition of
conditions, as the COVID–19 situation
continued to evolve.4 The most recent
limited, conditional extension of
COVID–19 related relief was issued by
the FAA on January 13, 2021, and is due
to expire on October 31, 2021.5
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), and this policy statement, extends
to all allocated slots, including slots allocated by
exemption.
3 Notice of Limited Waiver of the Slot Usage
Requirement, 85 FR 15,018 (Mar. 16, 2020).
4 Notice of Extension of Limited Waiver of the
Minimum Slot Usage Requirement, 85 FR 21,500
(Apr. 17, 2020); Extension of Limited Waiver of the
Minimum Slot Usage Requirement, 85 FR 63,335
(Oct. 7, 2020); and FAA Policy Statement: Limited,
Conditional Extension of COVID–19 Related Relief
for the Summer 2021 Scheduling Season (Docket
No. FAA–2020–0862–0302).
5 FAA Policy Statement: Limited, Conditional
Extension of COVID–19 Related Relief for the
Summer 2021 Scheduling Season (Docket No.
FAA–2020–0862–0302).
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Current COVID–19 Situation
Since the FAA’s January 13, 2021,
policy statement granting a limited,
conditional extension of COVID–19related relief at slot-controlled airports
and IATA Level 2 airports in the United
States, COVID–19 has continued to
cause disruption globally and the
timeline for recovery from this global
pandemic remains uncertain. The World
Health Organization (WHO) reports
COVID–19 cases in more than 200
countries, areas, and territories
worldwide.6 For the week ending
September 12, 2021, the WHO reported
nearly 4 million new COVID–19 cases
and just over 62,000 new deaths,
bringing the cumulative total to more
than 224 million reported COVID–19
cases and more than 4.6 million deaths
globally since the start of the COVID–19
pandemic.7
The WHO reports that it is monitoring
multiple variants globally; currently the
WHO has classified four different
variants as ‘‘variants of concern’’ and
five different variants as ‘‘variants of
interest.’’ 8 The Center for Disease
Control (CDC) is monitoring four
variants of COVID–19 in the United
States.9 These variants include: The
B.1.1.7 (Alpha), B.1.351 (Beta), P.1
(Gamma), and B.1.617.2 (Delta).10 The
CDC has stated that these variants of
concern—including the current
dominant Delta variant—spread more
easily and quickly. However, the CDC
reports that so far, studies suggest that
the current Food and Drug
Administration (FDA)-approved or
authorized vaccines do work against the
circulating variants.11
On January 21, 2021, President Biden
announced the National Strategy for the
COVID–19 Response and Pandemic
Preparedness, a national strategy to beat
the COVID–19 pandemic.12 The strategy
is a comprehensive plan that starts with
restoring public trust and mounting an
aggressive, safe, and effective
vaccination campaign while continuing
6 https://covid19.who.int/table.
7 COVID–19 weekly epidemiological update,
September 14, 2021, available at: https://
www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports See also https://
covid19.who.int/ for WHO COVID–19 Dashboard
with the most current number of cases reported.
8 https://www.who.int/en/activities/trackingSARS-CoV-2-variants/.
9 Center for Disease Control (CDC), About
Variants of the Virus that Causes COVID–19,
available at: https://www.cdc.gov/coronavirus/2019ncov/variants/variant.html.
10 Id.
11 Id. See also https://www.cdc.gov/coronavirus/
2019-ncov/vaccines/effectiveness/work.html.
12 https://www.whitehouse.gov/wp-content/
uploads/2021/01/National-Strategy-for-the-COVID19-Response-and-Pandemic-Preparedness.pdf.
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52115
with the steps that stop the spread like
expanded masking, testing, and social
distancing. On September 9, 2021,
President Biden announced a sixpronged approach to expand
vaccinations, provide booster shots,
keep schools safely open, increase
testing and masking, protect the
economic recovery, and improve care
for those with COVID–19.13
Currently three COVID–19 vaccines
have been authorized for emergency use
or approved by the FDA.14 As of
September 13, 2021, 53.9% of
Americans are fully vaccinated and
63.2% of Americans have received at
least one dose.15 Increased rates of
vaccination in the U.S., along with other
measures to stop the spread have
resulted in an overall decline of the U.S.
COVID–19 infection rate since the
previous COVID–19 waiver proceeding.
However, cases increased again
following the U.S. reaching its lowest
rates of infection experienced since the
week of March 16, 2020 (79,358
confirmed new cases for the week of
June 14 reflected the lowest rate of
infection since the week of March, 16,
2020).16 When the FAA extended
COVID–19-related relief on January 13,
2021, the number of confirmed cases of
COVID–19 in the U.S. for the week of
January 11, 2021, based on WHO data,
was 1,580,016.17 For the week ending
September 12, 2021, which is the most
recent week for which data is available,
the WHO reports 1,034,836 confirmed
cases in the United States.18
The U.S. is attempting to distribute
vaccines globally to help vaccination
numbers improve.19 On August 18,
2021, President Biden announced that
in the months of June and July the
United States had donated 100 million
doses and that in the coming months of
fall and early winter another 100
million boosters and 200 million
13 President Biden’s COVID–19 Plan | The White
House.
14 https://www.fda.gov/emergency-preparednessand-response/coronavirus-disease-2019-covid-19/
covid-19-vaccines.
15 CDC, COVID–19 Vaccinations in the United
States, updated September 13, 2021, available at:
https://covid.cdc.gov/covid-data-tracker/
#vaccinations.
16 https://covid19.who.int/region/amro/country/
us.
17 FAA Policy Statement: Limited, Conditional
Extension of COVID–19 Related Relief for the
Summer 2021 Scheduling Season. (Docket No.
FAA–2020–0862–0302). See also https://covid19.
who.int/region/amro/country/us.
18 COVID–19 weekly epidemiological update,
September 14, 2021, available at: https://
www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports. See also https://
covid19.who.int/region/amro/country/us.
19 https://www.whitehouse.gov/briefing-room/
statements-releases/2021/06/03/statement-bypresident-joe-biden-on-global-vaccine-distribution/.
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additional doses will be donated to
other countries.20
The President has placed a
suspension and limitation on entry into
the United States for non-U.S. citizens
or permanent residents who have been
present in, several foreign countries
within the preceding 14 days.21
International travel advisories issued by
the U.S. Department of State’s Global
Health Advisory remain in effect
worldwide, including designations
ranging from Level 1—Exercise Normal
Precautions to Level 4—Do Not Travel
for more than 200 destinations.22 A
majority of countries are designated
either Level 3 of Level 4—where
COVID–19 numbers are classified as
high and very high, respectively.23 The
U.S. Department of State advises that
challenges to any international travel at
this time may include mandatory
quarantines, travel restrictions, and
closed borders. The U.S. Department of
State has noted further that foreign
governments may implement
restrictions with little notice, even in
destinations that were previously low
risk. Accordingly, the U.S. Department
of State has warned Americans choosing
to travel internationally that their trip
may be disrupted severely and it may be
difficult to arrange travel back to the
United States. The CDC advises
prospective domestic travelers to
consider whether their destination has
requirements or restrictions for
travelers, and notes that State, local, and
territorial governments may have travel
restrictions in place, including testing
requirements, stay-at-home orders, and
quarantine requirements upon arrival.24
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 the FAA’s initial decision
granting relief due to COVID–19
impacts.25 At JFK and LGA, each slot
must be used at least 80 percent of the
20 https://www.whitehouse.gov/briefing-room/
speeches-remarks/2021/08/18/remarks-bypresident-biden-on-fighting-the-covid-19-pandemic2/.
21 https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/25/proclamation-onthe-suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-whopose-a-risk-of-transmitting-coronavirus-disease/.
22 https://travel.state.gov/content/travel/en/
traveladvisories/traveladvisories.html/.
23 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/map-and-travel-notices.html#travel-4.
24 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/travel-during-covid19.html.
25 See 85 FR 15018 (Mar. 16, 2020).
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time.26 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.27
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.28 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.29
When making decisions concerning
historical rights to allocated slots,
including whether to grant a waiver of
the usage requirement, the FAA seeks to
ensure the efficient use of valuable
aviation infrastructure while
maximizing the benefits to airport users
and the traveling public. This minimum
usage requirement is expected to
accommodate routine cancelations
under all but the most unusual
circumstances. Carriers proceed at risk
if, at any time prior to a final decision,
they make decisions in anticipation of
the FAA granting a slot usage waiver.
Summary of Petitions From
Stakeholders Concerning Continued
COVID–19 Relief
The FAA has received nine petitions
regarding COVID–19-related relief for
the Winter 2021/2022 season to date.
Five petitioners, including the
International Air Transport Association
(IATA), Avianca Airlines, All Nippon
Airways (ANA), Lufthansa Group, and
Airlines for America (A4A) 30 seek
further relief through the end of the
Winter 2021/2022 scheduling season
26 Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020);
Operating Limitations at New York LaGuardia
Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
27 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 twomonth period will be withdrawn by the FAA. See
LGA Order, 85 FR at 58257.
28 See 14 CFR 93.227(a).
29 See 14 CFR 93.227(j).
30 All petitions and other submissions related to
COVID–19 relief beyond the Summer 2021 season
received by the FAA, with exception of one petition
which was marked privileged and confidential,
have been included in the docket for this
proceeding. The FAA notes that two submissions
were received from IATA, dated June 4 and June 25,
2021, respectively.
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due to ongoing COVID–19 impacts on
demand for air travel. These petitioners
emphasize the critical importance of an
expedient decision to provide the
industry with stability and certainty
during the ongoing COVID–19
pandemic. Three petitioners, including
JetBlue Airways (JetBlue), Southwest
Airlines Co. (Southwest), and Airports
Council International-North America
(ACI–NA), oppose further extension of
the limited, conditional relief FAA has
made available through October 30,
2021. ACI–NA and JetBlue oppose any
further relief due to COVID–19;
however, JetBlue recognizes the
potential need for relief for international
operations and urges FAA to adopt a
case-by-case approach to evaluating
petitions for relief. Southwest
specifically opposes any further relief at
U.S. domestic airports, DCA and LGA.
One petitioner submitted a petition
marked privileged and confidential.
IATA, Avianca, ANA, and Lufthansa
Group support continued relief for
international operations at U.S. slotcontrolled and IATA Level 2 airports
and would prefer the FAA adopt the
Worldwide Airport Slot Board’s (WASB)
slot relief package.31 The FAA has
previously described the provisions of
the WASB slot relief package and
explained how the provisions would be
applied in the United States, if adopted,
in a notice of proposed extension of a
limited, conditional waiver of minimum
slot usage requirement beyond March
27, 2021, which was published in the
Federal Register on December 22, 2020
(85 FR 83672). The WASB slot relief
package remains unchanged from the
prior slot relief proceeding.
IATA believes ‘‘the situation remains
critically desperate and recovery slow’’
highlighting the ‘‘uncertainty around
the need for booster vaccinations this
fall, the impact of variants and
government management of restrictions
related to these outbreaks, lack of
significant corporate demand until at
least 2022, significant new outbreaks in
Asia and Latin American and the related
government retraction from reopening,
as well as the disparity between
countries approaches to managing the
risk’’ as justification for continued slot
relief for international operations. IATA
states that flexibility from continued
slot usage relief ‘‘enables airlines to
focus flying where there is demand and
not purely to satisfy slot use rules’’ and
that ‘‘worsening the competitive
position of U.S. aviation as it emerges
31 A summary of the WASB proposal for Winter
2021/2022 was included in an annex to IATA’s June
4, 2021 petition, which has been placed in the
docket for this proceeding.
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from the crisis only serves to jeopardize
more jobs and further risks U.S.
international connectivity.’’
A4A supports a waiver of minimum
slot usage requirements for international
operations at U.S. slot-controlled
airports and IATA Level 2 airports. A4A
believes a waiver of minimum slot usage
requirements for international
operations is needed because
‘‘international demand remains
repressed and to ensure a level playing
field.’’ A4A states that international
operations ‘‘remain significantly
deterred as a result of COVID–19 and
direct government actions.’’ Further
A4A highlights that ‘‘many countries
have included reciprocity requirements
previously and will likely wait until the
U.S. acts before providing relief to
ensure foreign carrier access to slots and
gates in the U.S. when they resume
operations.’’ A4A asserts, ‘‘without
reciprocity U.S. carriers will lose slots
in key international markets and be put
at a significant competitive
disadvantage relative to foreign
competitors.’’
JetBlue and ACI–NA oppose
continued slot usage relief and support
a return to usual 80/20 minimum slot
usage requirements. ACI–NA believes
that ‘‘the U.S. is turning the corner in
our battle against Coronavirus’’ and that
‘‘there are beginning to be opportunities
for international travel.’’ ACI–NA states
that ending slot usage waivers ‘‘will
allow affected airports to begin piecing
together their future air services
portfolios that enable airports to drive
sustainable economic growth for the
communities they serve.’’ Likewise,
JetBlue believes that ‘‘demand has
returned and is growing and the U.S.
airline industry will not be able to
recover with full haste if competitionaltering slot waivers continue without
restriction.’’ In addition, JetBlue
believes that international flying levels
may never return and broad waivers
discourage the repurposing of slots
previously used for international
service. However, JetBlue states that it
‘‘appreciates the complexities in
international markets that were raised in
the IATA letter’’ and urges that ‘‘DOT/
FAA enable a case-by-case evaluation
for limited exemptions based on
extreme circumstances such as border
closure or conditions of entry that
represent de facto border closure.’’
Southwest opposes continued slot
usage relief at domestic-focused
airports. Southwest specifically requests
that the FAA ‘‘reject any further
requests for waivers of slot usage
requirements for DCA and LGA,
considering (a) the resurgence in the
demand for domestic airline travel since
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March 2021, and (b) that DCA and LGA
have perimeter restrictions that ensures
the vast majority of flights from these
airports are domestic.’’ In addition,
Southwest states, ‘‘reopening these two
predominately domestic airports would
reflect the reality that domestic traffic is
far more robust than international
markets.’’ Further, Southwest requests
the FAA reduce barriers to competition
at DCA and LGA and believes returning
to normal slot usage requirements will
‘‘clear the way for such competition to
resume.’’
Discussion of Proposal
Continued Relief for International
Operations Through March 26, 2022
In consideration of the foregoing
information, the petitions that the FAA
has received, and the evolving and
highly unpredictable situation globally
with respect to ongoing impacts from
COVID–19 at the current moment, the
FAA proposes to extend, for all
international operations, the current
limited, conditional relief that FAA has
already made available through October
30, 2021, through the end of the Winter
2021/2022 season on March 26, 2022.32
This relief would be limited to slots and
approved operating times used by
carriers for international operations,
through March 26, 2022, and would be
subject to the same terms and
conditions, with minor modifications,
that the FAA has applied to the relief
already made available through October
30, 2021, which the FAA reiterates in
this notice. International operations, for
purpose of this notice, are flights
intended for operation between one of
the U.S. slot-controlled or IATA Level 2
airports and any point in a foreign
jurisdiction.
It is not the policy of the Department
of Transportation (DOT) to use slot and
Level 2 rules to reserve capacity for
historic incumbent carriers until
demand returns to predetermined
levels. Instead, it is the policy of the
Department to encourage high
utilization of scarce public
infrastructure. Under the established
standard, slot usage waivers are
generally used to address short-term,
unpredictable shocks to demand or
capacity that are beyond carriers’
control. After 19 months of experience,
the DOT believes it is becoming
apparent that COVID–19 is causing
structural and operational changes to
the airline industry; the industry is
adapting; and the issuance of waivers
should not hinder that adaptation. As
32 The FAA notes that for purposes of the relief
proposed in this proceeding, Canadian carriers
would be treated as foreign carriers.
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52117
previously stated, at some point in time,
repeated waivers to preserve pre-COVID
slot holdings will impede the ability of
airports and airlines to provide services
that benefit the overall national
economy and make appropriate use of
scarce public assets. Therefore, the FAA
emphasizes that operators should not
assume further relief on the basis of
COVID–19 will be forthcoming beyond
the end of the Winter 2021/22
scheduling season.
IATA reports that international flights
globally are operating around 88%
below 2019 levels, with only slight
recovery in international traffic forecast
by the end of 2021 to about 66% below
2019 levels. As indicated by IATA,
‘‘[t]he situation remains critically
desperate and recovery slow with low
advance bookings and many more lastminute bookings (and cancellations) on
most routes projected for the foreseeable
future. Uncertainty around the need for
booster vaccinations this fall, the impact
of variants and government management
of restrictions related to these outbreaks,
lack of significant corporate demand
until at least 2022, significant new
outbreaks in Asia and Latin America
and the related government retraction
from reopening, as well as the disparity
between countries approaches to
managing the risk justifies continued
slot relief at this time. Without any
stability and planning still at a 6–8 week
horizon, airlines will continue to need
maximum flexibility.’’
FAA agrees with these petitioners and
believes, based on global vaccination
rates, changing infection rates and the
threat of new virus strains, continued
unpredictability of international travel
restrictions, and the disparity between
demand for domestic air travel and
demand for international air travel, that
extending the current limited,
conditional waiver for international
operations by all carriers, is reasonable.
The FAA believes that extending the
limited, conditional slot usage waiver,
for international operations only,
through the Winter 2021/2022 season
would provide carriers with flexibility
to operate in the unpredictable
international market and would support
long term viability of carrier operations
at slot-controlled and IATA Level 2
airports in the United States.
The FAA recognizes that domestic
carriers have a mix of both domestic and
international operations and therefore
the agency intends to make this relief
available for international operations
that would have been operated in the
Winter 2021/2022 season, but for
COVID–19 impacts. In other words, the
FAA intends to provide this conditional
relief to domestic carriers on a scale that
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is comparable to each carrier’s preCOVID level of international service.
The FAA would generally evaluate any
request for relief from U.S. carriers for
the Winter 2021/2022 scheduling season
based on historical levels of operations
to foreign points as demonstrated in
published schedules. Domestic carriers
seeking relief for a particular operation
under the waiver will need to provide
the FAA, if not readily apparent from
FAA records and historic published
schedule data, alternative supplemental
information that predates this notice to
demonstrate intent to use a slot or
approved operating time for an
international destination. The FAA
would not accept evidence of intent to
use a particular slot or approved
operating time for an international flight
during the Winter 2021/2022 season, if
the information is dated after this notice
is issued.
International operations eligible for a
waiver under this proposal would be
subject to all of the same conditions and
policies, with minor modifications,
described in FAA’s January 13, 2021
policy statement, which remains in
effect at slot-controlled and IATA Level
2 airports in the United States for the
Summer 2021 season.33 The FAA
believes the conditions associated with
the relief provided to date are generally
comparable to the WASB package and
remain necessary to strike a balance
between competing interests of
incumbent carriers and those carriers
seeking new or increased access at these
historically-constrained airports, as well
as to ensure the relief is appropriately
tailored to reduce the potential to
suppress flight operations for which
demand exists. The conditions for relief
at slot-controlled airports, which the
FAA would apply to the relief proposed
in this notice, include:
(1) All slots not intended to be
operated must be returned at least four
weeks prior to the date of the FAAapproved operation to allow other
carriers an opportunity to operate these
slots on an ad hoc basis without historic
precedence. Compliance with this
condition is required for operations
scheduled from October 31, 2021
through the duration of this relief;
therefore, carriers should begin
notifying the FAA of Winter returns by
October 4, 2021. Slots operated as
approved on a non-historic basis in
Winter 2021/2022 will be given priority
over new demands for the same timings
in the next equivalent season (Winter
33 FAA Policy Statement: Limited, Conditional
Extension of COVID–19 Related Relief for the
Summer 2021 Scheduling Season. (Docket No.
FAA–2020–0862–0302).
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2022/23) for use on a non-historic basis,
subject to capacity availability and
consistent with established rules and
policies in effect in the United
States.34 35 Foreign carriers seeking
priority under this provision will be
required to represent that their home
jurisdiction will provide reciprocal
priority to U.S. carrier requests of this
nature.
(2) The waiver does not apply to slots
newly allocated for initial use during
the Winter 2021/2022 season. New
allocations meeting minimum usage
requirements remain eligible for historic
precedence. The waiver does not apply
to historic in-kind slots within any 30minute or 60-minute time period, as
applicable, in which a carrier seeks and
obtains a similar new allocation (i.e.,
arrival or departure, air carrier or
commuter, if applicable); and,
(3) the waiver does not apply to slots
newly transferred on an uneven basis
(i.e., via one-way slot transaction/lease)
since October 15, 2020, for the duration
of the transfer.36 Slots transferred prior
to this date may benefit from the waiver
if all other conditions are met. Slots
granted historic precedence for
subsequent seasons based on this relief
are not eligible for transfer if the slot
holder ceases all operations at the
airport.
In addition, as proposed, an exception
may be granted to these conditions
based on any government restriction
that prevents or severely restricts
international travel to specific airports,
destinations (including intermediate
points) or countries for which the slot
was held. This exception applies under
extraordinary circumstances only in
34 Consistent with the FAA’s final policy
statement issued January 13, 2021, this priority
would apply to slot or schedule requests for Winter
2022/2023, which are comparable in timing,
frequency, and duration to the non-historic ad hoc
approvals made by the FAA for Winter 2021/2022.
This priority does not affect the historic precedence
or priority of slot holders and carriers with
schedule approvals, respectively, which meet the
conditions of the waiver during Winter 2021/2022
and seek to resume operating in Winter 2022/2023.
The FAA may consider this priority in the event
that slots with historic precedence become available
for permanent allocation by the FAA.
35 Although the FAA is proposing to extend the
four-week rolling return policy consistent with the
Summer 2021 waiver, any carrier returning fullseason slots or schedule approvals at an airport
outside the United States and associated with a
route to the United States will generally be
expected to similarly return the complementary
full-season U.S. slot or schedule approval to the
FAA for re-allocation on a non-historic or ad hoc
basis.
36 As previously explained, the FAA has
determined not to revise this condition to include
a buffer period for new transfers to be completed
and still benefit from this waiver. Therefore, this
policy will remain in effect continuously from the
initial effective date of October 16, 2020.
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which a carrier is able to demonstrate
that the ability to operate a particular
flight or comply with the conditions of
the proposed waiver is prevented or
severely restricted due to an
unpredictable official governmental
action related to COVID–19. This
proposed exception includes minor
modifications compared to the
exception currently in effect for the
Summer 2021 season.37 The FAA seeks
to provide greater flexibility in allowing
exceptions under certain circumstances
based on issues that have arisen in the
course of implementing the relief
currently available. Official government
actions that may qualify for this
exception, include—
• Government travel restrictions
based on nationality, closed borders,
government advisories related to
COVID–19 that warn against all but
essential travel, or complete bans on
flights from/to certain countries or
geographic areas.
• Government restrictions related to
COVID–19 on the maximum number of
arriving or departing flights and/or the
number of passengers on a specific
flight or through a specific airport.
• Government restrictions on
movement or quarantine/isolation
measures within the country or region
where the airport or destination
(including intermediate points) is
located.
• Government-imposed closure of
businesses essential to support aviation
activities (e.g., closure of hotels, ground
handling suppliers, etc.).
• Governmental restrictions on airline
crew, including unreasonable entry
requirements or unreasonable testing
and/or quarantine measures.
This exception is being administered
by the FAA in coordination with the
Office of the Secretary of Transportation
(OST). The extraordinary circumstances
exception in this slot usage relief would
only apply within the scope of the relief
otherwise provided by the waiver; U.S.
carriers should not expect to rely on the
extraordinary circumstances exception
for relief for domestic operations.
The conditions for COVID–19-related
relief for prioritizing flights canceled at
IATA Level 2 airports, for purposes of
establishing a carrier’s operational
baseline in the next corresponding
season, which the FAA would apply to
the relief proposed in this notice
include:
(1) All schedules as initially
submitted by carriers and approved by
37 See FAA Policy Statement: Limited,
Conditional Extension of COVID–19 Related Relief
for the Summer 2021 Scheduling Season (Docket
No. FAA–2020–0862–0302).
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the FAA and not intended to be
operated must be returned at least four
weeks prior to the date of the FAAapproved operation to allow other
carriers an opportunity to operate these
times on an ad hoc basis without
historic precedence. Schedules operated
as approved on an ad hoc basis in
Winter 2021/2022 will be given priority
over new demands for the same timings
in the next equivalent season (Winter
2022/2023) for use on an ad hoc basis,
subject to capacity availability and
consistent with established rules and
policies in effect in the United States.
Foreign carriers seeking priority under
this provision would be required to
represent that their home jurisdiction
will provide reciprocal priority to U.S.
carrier requests of this nature; and,
(2) The priority for FAA schedules
approved for Winter 2021/2022 does not
apply to net-newly approved operations
for initial use during the Winter 2021/
2022 season. New approved times will
remain eligible for priority
consideration in Winter 2022/2023 if
actually operated in Winter 2021/2022
according to established processes.
Consistent with the proposal for slotcontrolled airports, limited exceptions
may be granted from either or both of
these conditions at Level 2 airports
under extraordinary circumstances due
to any government restriction that
prevents or severely restricts travel to
specific airports, destinations (including
intermediate points), or countries for
which the slot was held, as discussed
previously with respect to slotcontrolled airports. If the exception is
determined not to apply, carriers are
expected to meet the conditions for
relief or operate consistent with
standard expectations for the Level 2
environment. The extraordinary
circumstances exception in this slot
usage relief would only apply within
the scope of the relief otherwise
provided by the waiver, carriers should
not expect to rely on the extraordinary
circumstances exception for relief
related to domestic operations.
The FAA believes an extension of
relief for all international operations,
through March 26, 2022, is reasonable
due to fluctuating travel restrictions and
ongoing economic and health impacts of
COVID–19 internationally. The
proposed relief is expected to provide
carriers with flexibility during this
unprecedented situation and to support
the long-term viability of international
operations at slot-controlled and IATA
Level 2 airports in the United States.38
38 The FAA is responsible to develop plans and
policy for the use of navigable airspace and assign
by regulation or order the use of the airspace
VerDate Sep<11>2014
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Continuing relief for this additional
period is reasonable to mitigate the
impacts on passenger demand for
international air travel resulting from
the spread of COVID–19 worldwide.
As of the date of issuance of this
notice, U.S. domestic air travel demand
and vaccination rates have reached a
level that the FAA believes no longer
necessarily justifies COVID–19-related
slot usage relief domestically. However,
COVID–19 continues to present a highly
unusual and unpredictable condition for
international operations that is beyond
the control of carriers. Indeed, foreign
carriers in many parts of the world are
prevented from operating to the United
States due to governmental restrictions
resulting from COVID–19. The
continuing impacts of COVID–19 on
global aviation are dramatic and
extraordinary, with an unprecedented
decrease in passenger demand for
international air travel globally. The
ultimate duration and severity of
COVID–19 impacts on passenger
demand for international air travel
remains unclear. Even after the
pandemic is contained, impacts on
passenger demand for international air
travel are likely to continue for some
time.
If the FAA extends relief for
international operations through March
26, 2022, as proposed, the FAA expects
that foreign slot coordinators will
provide reciprocal relief to U.S. carriers.
To the extent that U.S. carriers fly to a
foreign carrier’s home jurisdiction and
that home jurisdiction does not offer
reciprocal relief to U.S. carriers, the
FAA may determine not to grant a
waiver to that foreign carrier. 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.
Invitation for Comment and Submission
of Supporting Information
The FAA seeks views and information
regarding this proposal. Interested
persons are invited to submit comments
and supporting information to
demonstrate why the FAA should or
should not finalize this decision, and to
submit any information relevant to
necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1).
The FAA manages slot usage requirements under
the authority of 14 CFR 93.227 at DCA and under
the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020);
Operating Limitations at New York LaGuardia
Airport, 85 FR 58255 (Sep. 18, 2020).
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52119
making this decision. The FAA has
received multiple formal petitions
advocating on behalf of U.S. carriers
that seek continued relief for
international operations. However, the
FAA has not received formal,
individualized requests from U.S.
carriers explaining the need for
continued relief for international
operations despite the early signs of
recovery of air travel demand in the
United States and certain parts of the
world and the potential for U.S. carriers
to utilize slots for operations on
alternative routes—domestic or
international. In particular, U.S. carriers
are invited to provide individualized
responses to the following—
• What is the basis with supporting
rationale under which a U.S. carrier
may necessitate continued relief for
international operations in light of
increasing demand for air travel
domestically and for some international
destinations? To what extent do carriers
anticipate being unable to meet
minimum slot usage requirements and/
or operate consistent with approvals at
Level 2 airports?
• What is the particularized relief
requested for the Winter 2021/2022
season? In other words, each U.S. carrier
seeking relief for international
operations this Winter is invited to
provide a detailed accounting of which
operations in its portfolio have
historically been used for international
service versus domestic as well as any
differences for the upcoming Winter
2021/2022 season, with an explanation
regarding what extent (such, as
percentage) of the carriers’ international
portfolio cannot be repurposed for
alternate operations?
• What sources of information, other
than historic published schedules,
would U.S. carriers make available to
FAA to demonstrate intent to use
specific slots or approved timing for
international operations versus
domestic?
• To what extent have U.S. carriers
relied upon the relief provided for the
Summer 2021 season for international
operations?
Information submitted to the FAA
may be subject to disclosure under the
Freedom of Information Act. The FAA
recognizes that commenters may seek to
submit business information that is both
customarily and actually treated as
confidential. Persons that submit such
confidential business information
should clearly mark the information as
‘‘PROPIN’’. The FAA will take the
necessary steps to protect properly
designated information to the extent
allowable by law.
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After receiving and reviewing
comments, the FAA anticipates
subsequently providing notice of its
final decision.
Issued in Washington, DC, on September
16, 2021.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2021–20400 Filed 9–16–21; 4:15 pm]
BILLING CODE 4910–13–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 8, 64, 76
[GN Docket No. 17–142; DA 21–1114; FR
ID 48290]
Improving Competitive Broadband
Access to Multiple Tenant
Environments
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Wireline Competition Bureau (WCB)
refreshes the record in Improving
Competitive Broadband Access to
Multiple Tenant Environments
Proceeding.
SUMMARY:
Comments are due on or before
October 20, 2021, and reply comments
are due on or before November 4, 2021.
ADDRESSES: You may submit comments,
identified by GN Docket No. 17–142, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing ECFS: https://www.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S-. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
DATES:
VerDate Sep<11>2014
15:49 Sep 17, 2021
Jkt 253001
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788 (Mar. 19,
2020), https://www.fcc.gov/document/
fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Government Affairs
Bureau at (202) 418–0530.
Ex Parte Rules. This proceeding shall
be treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. See 47
CFR 1.1200 et seq. Persons making ex
parte presentations must file a copy of
any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must: (1) List all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made; and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenters
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) of the
rules or for which the Commission has
made available a method of electronic
filing, written ex parte presentations
and memoranda summarizing oral ex
parte presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml., .ppt, searchable .pdf). See 47 CFR
1.1206(b). Participants in this
proceeding should familiarize
PO 00000
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themselves with the Commission’s ex
parte rules.
FOR FURTHER INFORMATION CONTACT:
Jesse Goodwin, Attorney Advisor,
Competition Policy Division, Wireline
Competition Bureau, at (202) 418–0958,
or email: Benjamin.Goodwin@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Public Notice, in GN Docket
No. 17–142, DA 21–1114; released on
September 7, 2021. The complete text of
this document is available for download
at https://docs.fcc.gov/public/
attachments/DA-21-1114A1.pdf. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
Synopsis
By this document, the Wireline
Competition Bureau (Bureau) invites
parties to update the record on issues
raised in the 2019 Improving
Competitive Broadband Access to
Multiple Tenant Environments Notice of
Proposed Rulemaking (NPRM),
including but not limited to (1) revenue
sharing agreements; (2) exclusive wiring
arrangements, including sale-andleaseback arrangements; and (3)
exclusive marketing arrangements.
Americans living and working in
multiple tenant environments (MTEs)
face various obstacles to obtaining the
benefits of competitive choice of fixed
broadband, voice, and video services.
Telecommunications carriers and
multichannel video programming
distributors (together, ‘‘service
providers’’) need to access building
conduits, install wiring to individual
units or premises, and make repairs
once wiring has been installed.
Complicating these tasks is the fact that
providing service to MTEs involves not
just the service provider and the enduser tenant, but a third party: The
premises owner or controlling party
(MTE owner). As a result, deploying
facilities-based fixed services to the
millions of Americans living and
working in MTEs can be uniquely
challenging. The Commission has
endeavored to increase competition
among service providers and reduce
potential barriers to broadband
deployment in MTEs. Beginning in
2000, the Commission, through a series
of orders, prohibited service providers
from entering into contracts with MTE
owners that give a service provider
exclusive access to the building to offer
its services. In the NPRM, the
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]]>Agencies
[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Proposed Rules]
[Pages 52114-52120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20400]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[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 2021/2022
Scheduling Season
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed extension of a limited, conditional waiver
of the minimum slot usage requirement for all international operations.
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to extend through March 26, 2022, the
Coronavirus (COVID-19)-related limited, conditional waiver of the
minimum slot usage requirement at John F. Kennedy International Airport
(JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA has already made available through
October 30, 2021, for all international operations. Similarly, the FAA
proposes to extend through March 26, 2022, its COVID-19-related
limited, conditional policy for prioritizing flights canceled at
designated International Air Transport Association (IATA) Level 2
airports in the United States, for purposes of establishing a carrier's
operational baseline in the next corresponding season, for all
international operations. These IATA Level 2 airports include Chicago
O'Hare International Airport (ORD), Newark Liberty International
Airport (EWR), Los Angeles International Airport (LAX), and San
Francisco International Airport (SFO). This relief would be limited to
slots and approved operating times used by any carrier for
international operations only, through March 26, 2022, and would be
subject to the same terms and conditions, with minor modifications,
that the FAA has already applied to the relief that remains available
through October 30, 2021. This notice invites stakeholders to submit
comments with detailed supporting information relevant to FAA making a
final decision. The FAA anticipates subsequently providing notice of
its final decision.
DATES: Submit comments on or before September 27, 2021.
[[Page 52115]]
ADDRESSES: Submit written views and supporting data by email to the
Slot Administration Office at [email protected].
FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot
Administration, AJR-G, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-2822;
email [email protected].
SUPPLEMENTARY INFORMATION:
Background
On March 16, 2020, the FAA granted a limited waiver of the minimum
slot usage requirements \1\ to carriers operating at all slot-
controlled airports in the United States (DCA, JFK, and LGA) \2\ and
related relief to carriers operating at designated IATA Level 2
airports in the United States (EWR, LAX, ORD, SFO) due to the
extraordinary impacts on the demand for air travel resulting from the
COVID-19 pandemic.\3\ Since the initial slot usage waiver and related
relief was provided, the FAA has taken action to extend the relief
provided on three occasions subject to certain substantive changes,
including the addition of conditions, as the COVID-19 situation
continued to evolve.\4\ The most recent limited, conditional extension
of COVID-19 related relief was issued by the FAA on January 13, 2021,
and is due to expire on October 31, 2021.\5\
---------------------------------------------------------------------------
\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), and this
policy statement, extends to all allocated slots, including slots
allocated by exemption.
\3\ Notice of Limited Waiver of the Slot Usage Requirement, 85
FR 15,018 (Mar. 16, 2020).
\4\ Notice of Extension of Limited Waiver of the Minimum Slot
Usage Requirement, 85 FR 21,500 (Apr. 17, 2020); Extension of
Limited Waiver of the Minimum Slot Usage Requirement, 85 FR 63,335
(Oct. 7, 2020); and FAA Policy Statement: Limited, Conditional
Extension of COVID-19 Related Relief for the Summer 2021 Scheduling
Season (Docket No. FAA-2020-0862-0302).
\5\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
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Current COVID-19 Situation
Since the FAA's January 13, 2021, policy statement granting a
limited, conditional extension of COVID-19-related relief at slot-
controlled airports and IATA Level 2 airports in the United States,
COVID-19 has continued to cause disruption globally and the timeline
for recovery from this global pandemic remains uncertain. The World
Health Organization (WHO) reports COVID-19 cases in more than 200
countries, areas, and territories worldwide.\6\ For the week ending
September 12, 2021, the WHO reported nearly 4 million new COVID-19
cases and just over 62,000 new deaths, bringing the cumulative total to
more than 224 million reported COVID-19 cases and more than 4.6 million
deaths globally since the start of the COVID-19 pandemic.\7\
---------------------------------------------------------------------------
\6\ https://covid19.who.int/table.
\7\ COVID-19 weekly epidemiological update, September 14, 2021,
available at: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports See also https://covid19.who.int/
for WHO COVID-19 Dashboard with the most current number of cases
reported.
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The WHO reports that it is monitoring multiple variants globally;
currently the WHO has classified four different variants as ``variants
of concern'' and five different variants as ``variants of interest.''
\8\ The Center for Disease Control (CDC) is monitoring four variants of
COVID-19 in the United States.\9\ These variants include: The B.1.1.7
(Alpha), B.1.351 (Beta), P.1 (Gamma), and B.1.617.2 (Delta).\10\ The
CDC has stated that these variants of concern--including the current
dominant Delta variant--spread more easily and quickly. However, the
CDC reports that so far, studies suggest that the current Food and Drug
Administration (FDA)-approved or authorized vaccines do work against
the circulating variants.\11\
---------------------------------------------------------------------------
\8\ https://www.who.int/en/activities/tracking-SARS-CoV-2-variants/.
\9\ Center for Disease Control (CDC), About Variants of the
Virus that Causes COVID-19, available at: https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html.
\10\ Id.
\11\ Id. See also https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html.
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On January 21, 2021, President Biden announced the National
Strategy for the COVID-19 Response and Pandemic Preparedness, a
national strategy to beat the COVID-19 pandemic.\12\ The strategy is a
comprehensive plan that starts with restoring public trust and mounting
an aggressive, safe, and effective vaccination campaign while
continuing with the steps that stop the spread like expanded masking,
testing, and social distancing. On September 9, 2021, President Biden
announced a six-pronged approach to expand vaccinations, provide
booster shots, keep schools safely open, increase testing and masking,
protect the economic recovery, and improve care for those with COVID-
19.\13\
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\12\ https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf.
\13\ President Biden's COVID-19 Plan [bond] The White House.
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Currently three COVID-19 vaccines have been authorized for
emergency use or approved by the FDA.\14\ As of September 13, 2021,
53.9% of Americans are fully vaccinated and 63.2% of Americans have
received at least one dose.\15\ Increased rates of vaccination in the
U.S., along with other measures to stop the spread have resulted in an
overall decline of the U.S. COVID-19 infection rate since the previous
COVID-19 waiver proceeding. However, cases increased again following
the U.S. reaching its lowest rates of infection experienced since the
week of March 16, 2020 (79,358 confirmed new cases for the week of June
14 reflected the lowest rate of infection since the week of March, 16,
2020).\16\ When the FAA extended COVID-19-related relief on January 13,
2021, the number of confirmed cases of COVID-19 in the U.S. for the
week of January 11, 2021, based on WHO data, was 1,580,016.\17\ For the
week ending September 12, 2021, which is the most recent week for which
data is available, the WHO reports 1,034,836 confirmed cases in the
United States.\18\
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\14\ https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
\15\ CDC, COVID-19 Vaccinations in the United States, updated
September 13, 2021, available at: https://covid.cdc.gov/covid-data-tracker/#vaccinations.
\16\ https://covid19.who.int/region/amro/country/us.
\17\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season.
(Docket No. FAA-2020-0862-0302). See also https://covid19.who.int/region/amro/country/us.
\18\ COVID-19 weekly epidemiological update, September 14, 2021,
available at: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports. See also https://covid19.who.int/region/amro/country/us.
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The U.S. is attempting to distribute vaccines globally to help
vaccination numbers improve.\19\ On August 18, 2021, President Biden
announced that in the months of June and July the United States had
donated 100 million doses and that in the coming months of fall and
early winter another 100 million boosters and 200 million
[[Page 52116]]
additional doses will be donated to other countries.\20\
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\19\ https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/03/statement-by-president-joe-biden-on-global-vaccine-distribution/.
\20\ https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/08/18/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-2/.
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The President has placed a suspension and limitation on entry into
the United States for non-U.S. citizens or permanent residents who have
been present in, several foreign countries within the preceding 14
days.\21\ International travel advisories issued by the U.S. Department
of State's Global Health Advisory remain in effect worldwide, including
designations ranging from Level 1--Exercise Normal Precautions to Level
4--Do Not Travel for more than 200 destinations.\22\ A majority of
countries are designated either Level 3 of Level 4--where COVID-19
numbers are classified as high and very high, respectively.\23\ The
U.S. Department of State advises that challenges to any international
travel at this time may include mandatory quarantines, travel
restrictions, and closed borders. The U.S. Department of State has
noted further that foreign governments may implement restrictions with
little notice, even in destinations that were previously low risk.
Accordingly, the U.S. Department of State has warned Americans choosing
to travel internationally that their trip may be disrupted severely and
it may be difficult to arrange travel back to the United States. The
CDC advises prospective domestic travelers to consider whether their
destination has requirements or restrictions for travelers, and notes
that State, local, and territorial governments may have travel
restrictions in place, including testing requirements, stay-at-home
orders, and quarantine requirements upon arrival.\24\
---------------------------------------------------------------------------
\21\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/.
\22\ https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
\23\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html#travel-4.
\24\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-covid19.html.
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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 the FAA's initial decision granting relief due
to COVID-19 impacts.\25\ At JFK and LGA, each slot must be used at
least 80 percent of the time.\26\ 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.\27\
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\25\ See 85 FR 15018 (Mar. 16, 2020).
\26\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 (Sep. 18, 2020); Operating Limitations at New
York LaGuardia Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
\27\ 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.\28\ 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.\29\
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\28\ See 14 CFR 93.227(a).
\29\ See 14 CFR 93.227(j).
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When making decisions concerning historical rights to allocated
slots, including whether to grant a waiver of the usage requirement,
the FAA seeks to ensure the efficient use of valuable aviation
infrastructure while maximizing the benefits to airport users and the
traveling public. This minimum usage requirement is expected to
accommodate routine cancelations under all but the most unusual
circumstances. Carriers proceed at risk if, at any time prior to a
final decision, they make decisions in anticipation of the FAA granting
a slot usage waiver.
Summary of Petitions From Stakeholders Concerning Continued COVID-19
Relief
The FAA has received nine petitions regarding COVID-19-related
relief for the Winter 2021/2022 season to date. Five petitioners,
including the International Air Transport Association (IATA), Avianca
Airlines, All Nippon Airways (ANA), Lufthansa Group, and Airlines for
America (A4A) \30\ seek further relief through the end of the Winter
2021/2022 scheduling season due to ongoing COVID-19 impacts on demand
for air travel. These petitioners emphasize the critical importance of
an expedient decision to provide the industry with stability and
certainty during the ongoing COVID-19 pandemic. Three petitioners,
including JetBlue Airways (JetBlue), Southwest Airlines Co.
(Southwest), and Airports Council International-North America (ACI-NA),
oppose further extension of the limited, conditional relief FAA has
made available through October 30, 2021. ACI-NA and JetBlue oppose any
further relief due to COVID-19; however, JetBlue recognizes the
potential need for relief for international operations and urges FAA to
adopt a case-by-case approach to evaluating petitions for relief.
Southwest specifically opposes any further relief at U.S. domestic
airports, DCA and LGA. One petitioner submitted a petition marked
privileged and confidential.
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\30\ All petitions and other submissions related to COVID-19
relief beyond the Summer 2021 season received by the FAA, with
exception of one petition which was marked privileged and
confidential, have been included in the docket for this proceeding.
The FAA notes that two submissions were received from IATA, dated
June 4 and June 25, 2021, respectively.
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IATA, Avianca, ANA, and Lufthansa Group support continued relief
for international operations at U.S. slot-controlled and IATA Level 2
airports and would prefer the FAA adopt the Worldwide Airport Slot
Board's (WASB) slot relief package.\31\ The FAA has previously
described the provisions of the WASB slot relief package and explained
how the provisions would be applied in the United States, if adopted,
in a notice of proposed extension of a limited, conditional waiver of
minimum slot usage requirement beyond March 27, 2021, which was
published in the Federal Register on December 22, 2020 (85 FR 83672).
The WASB slot relief package remains unchanged from the prior slot
relief proceeding.
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\31\ A summary of the WASB proposal for Winter 2021/2022 was
included in an annex to IATA's June 4, 2021 petition, which has been
placed in the docket for this proceeding.
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IATA believes ``the situation remains critically desperate and
recovery slow'' highlighting the ``uncertainty around the need for
booster vaccinations this fall, the impact of variants and government
management of restrictions related to these outbreaks, lack of
significant corporate demand until at least 2022, significant new
outbreaks in Asia and Latin American and the related government
retraction from reopening, as well as the disparity between countries
approaches to managing the risk'' as justification for continued slot
relief for international operations. IATA states that flexibility from
continued slot usage relief ``enables airlines to focus flying where
there is demand and not purely to satisfy slot use rules'' and that
``worsening the competitive position of U.S. aviation as it emerges
[[Page 52117]]
from the crisis only serves to jeopardize more jobs and further risks
U.S. international connectivity.''
A4A supports a waiver of minimum slot usage requirements for
international operations at U.S. slot-controlled airports and IATA
Level 2 airports. A4A believes a waiver of minimum slot usage
requirements for international operations is needed because
``international demand remains repressed and to ensure a level playing
field.'' A4A states that international operations ``remain
significantly deterred as a result of COVID-19 and direct government
actions.'' Further A4A highlights that ``many countries have included
reciprocity requirements previously and will likely wait until the U.S.
acts before providing relief to ensure foreign carrier access to slots
and gates in the U.S. when they resume operations.'' A4A asserts,
``without reciprocity U.S. carriers will lose slots in key
international markets and be put at a significant competitive
disadvantage relative to foreign competitors.''
JetBlue and ACI-NA oppose continued slot usage relief and support a
return to usual 80/20 minimum slot usage requirements. ACI-NA believes
that ``the U.S. is turning the corner in our battle against
Coronavirus'' and that ``there are beginning to be opportunities for
international travel.'' ACI-NA states that ending slot usage waivers
``will allow affected airports to begin piecing together their future
air services portfolios that enable airports to drive sustainable
economic growth for the communities they serve.'' Likewise, JetBlue
believes that ``demand has returned and is growing and the U.S. airline
industry will not be able to recover with full haste if competition-
altering slot waivers continue without restriction.'' In addition,
JetBlue believes that international flying levels may never return and
broad waivers discourage the repurposing of slots previously used for
international service. However, JetBlue states that it ``appreciates
the complexities in international markets that were raised in the IATA
letter'' and urges that ``DOT/FAA enable a case-by-case evaluation for
limited exemptions based on extreme circumstances such as border
closure or conditions of entry that represent de facto border
closure.''
Southwest opposes continued slot usage relief at domestic-focused
airports. Southwest specifically requests that the FAA ``reject any
further requests for waivers of slot usage requirements for DCA and
LGA, considering (a) the resurgence in the demand for domestic airline
travel since March 2021, and (b) that DCA and LGA have perimeter
restrictions that ensures the vast majority of flights from these
airports are domestic.'' In addition, Southwest states, ``reopening
these two predominately domestic airports would reflect the reality
that domestic traffic is far more robust than international markets.''
Further, Southwest requests the FAA reduce barriers to competition at
DCA and LGA and believes returning to normal slot usage requirements
will ``clear the way for such competition to resume.''
Discussion of Proposal
Continued Relief for International Operations Through March 26, 2022
In consideration of the foregoing information, the petitions that
the FAA has received, and the evolving and highly unpredictable
situation globally with respect to ongoing impacts from COVID-19 at the
current moment, the FAA proposes to extend, for all international
operations, the current limited, conditional relief that FAA has
already made available through October 30, 2021, through the end of the
Winter 2021/2022 season on March 26, 2022.\32\ This relief would be
limited to slots and approved operating times used by carriers for
international operations, through March 26, 2022, and would be subject
to the same terms and conditions, with minor modifications, that the
FAA has applied to the relief already made available through October
30, 2021, which the FAA reiterates in this notice. International
operations, for purpose of this notice, are flights intended for
operation between one of the U.S. slot-controlled or IATA Level 2
airports and any point in a foreign jurisdiction.
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\32\ The FAA notes that for purposes of the relief proposed in
this proceeding, Canadian carriers would be treated as foreign
carriers.
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It is not the policy of the Department of Transportation (DOT) to
use slot and Level 2 rules to reserve capacity for historic incumbent
carriers until demand returns to predetermined levels. Instead, it is
the policy of the Department to encourage high utilization of scarce
public infrastructure. Under the established standard, slot usage
waivers are generally used to address short-term, unpredictable shocks
to demand or capacity that are beyond carriers' control. After 19
months of experience, the DOT believes it is becoming apparent that
COVID-19 is causing structural and operational changes to the airline
industry; the industry is adapting; and the issuance of waivers should
not hinder that adaptation. As previously stated, at some point in
time, repeated waivers to preserve pre-COVID slot holdings will impede
the ability of airports and airlines to provide services that benefit
the overall national economy and make appropriate use of scarce public
assets. Therefore, the FAA emphasizes that operators should not assume
further relief on the basis of COVID-19 will be forthcoming beyond the
end of the Winter 2021/22 scheduling season.
IATA reports that international flights globally are operating
around 88% below 2019 levels, with only slight recovery in
international traffic forecast by the end of 2021 to about 66% below
2019 levels. As indicated by IATA, ``[t]he situation remains critically
desperate and recovery slow with low advance bookings and many more
last-minute bookings (and cancellations) on most routes projected for
the foreseeable future. Uncertainty around the need for booster
vaccinations this fall, the impact of variants and government
management of restrictions related to these outbreaks, lack of
significant corporate demand until at least 2022, significant new
outbreaks in Asia and Latin America and the related government
retraction from reopening, as well as the disparity between countries
approaches to managing the risk justifies continued slot relief at this
time. Without any stability and planning still at a 6-8 week horizon,
airlines will continue to need maximum flexibility.''
FAA agrees with these petitioners and believes, based on global
vaccination rates, changing infection rates and the threat of new virus
strains, continued unpredictability of international travel
restrictions, and the disparity between demand for domestic air travel
and demand for international air travel, that extending the current
limited, conditional waiver for international operations by all
carriers, is reasonable. The FAA believes that extending the limited,
conditional slot usage waiver, for international operations only,
through the Winter 2021/2022 season would provide carriers with
flexibility to operate in the unpredictable international market and
would support long term viability of carrier operations at slot-
controlled and IATA Level 2 airports in the United States.
The FAA recognizes that domestic carriers have a mix of both
domestic and international operations and therefore the agency intends
to make this relief available for international operations that would
have been operated in the Winter 2021/2022 season, but for COVID-19
impacts. In other words, the FAA intends to provide this conditional
relief to domestic carriers on a scale that
[[Page 52118]]
is comparable to each carrier's pre-COVID level of international
service. The FAA would generally evaluate any request for relief from
U.S. carriers for the Winter 2021/2022 scheduling season based on
historical levels of operations to foreign points as demonstrated in
published schedules. Domestic carriers seeking relief for a particular
operation under the waiver will need to provide the FAA, if not readily
apparent from FAA records and historic published schedule data,
alternative supplemental information that predates this notice to
demonstrate intent to use a slot or approved operating time for an
international destination. The FAA would not accept evidence of intent
to use a particular slot or approved operating time for an
international flight during the Winter 2021/2022 season, if the
information is dated after this notice is issued.
International operations eligible for a waiver under this proposal
would be subject to all of the same conditions and policies, with minor
modifications, described in FAA's January 13, 2021 policy statement,
which remains in effect at slot-controlled and IATA Level 2 airports in
the United States for the Summer 2021 season.\33\ The FAA believes the
conditions associated with the relief provided to date are generally
comparable to the WASB package and remain necessary to strike a balance
between competing interests of incumbent carriers and those carriers
seeking new or increased access at these historically-constrained
airports, as well as to ensure the relief is appropriately tailored to
reduce the potential to suppress flight operations for which demand
exists. The conditions for relief at slot-controlled airports, which
the FAA would apply to the relief proposed in this notice, include:
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\33\ FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season.
(Docket No. FAA-2020-0862-0302).
---------------------------------------------------------------------------
(1) All slots not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these slots on an ad hoc basis
without historic precedence. Compliance with this condition is required
for operations scheduled from October 31, 2021 through the duration of
this relief; therefore, carriers should begin notifying the FAA of
Winter returns by October 4, 2021. Slots operated as approved on a non-
historic basis in Winter 2021/2022 will be given priority over new
demands for the same timings in the next equivalent season (Winter
2022/23) for use on a non-historic basis, subject to capacity
availability and consistent with established rules and policies in
effect in the United States.34 35 Foreign carriers seeking
priority under this provision will be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature.
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\34\ Consistent with the FAA's final policy statement issued
January 13, 2021, this priority would apply to slot or schedule
requests for Winter 2022/2023, which are comparable in timing,
frequency, and duration to the non-historic ad hoc approvals made by
the FAA for Winter 2021/2022. This priority does not affect the
historic precedence or priority of slot holders and carriers with
schedule approvals, respectively, which meet the conditions of the
waiver during Winter 2021/2022 and seek to resume operating in
Winter 2022/2023. The FAA may consider this priority in the event
that slots with historic precedence become available for permanent
allocation by the FAA.
\35\ Although the FAA is proposing to extend the four-week
rolling return policy consistent with the Summer 2021 waiver, any
carrier returning full-season slots or schedule approvals at an
airport outside the United States and associated with a route to the
United States will generally be expected to similarly return the
complementary full-season U.S. slot or schedule approval to the FAA
for re-allocation on a non-historic or ad hoc basis.
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(2) The waiver does not apply to slots newly allocated for initial
use during the Winter 2021/2022 season. New allocations meeting minimum
usage requirements remain eligible for historic precedence. The waiver
does not apply to historic in-kind slots within any 30-minute or 60-
minute time period, as applicable, in which a carrier seeks and obtains
a similar new allocation (i.e., arrival or departure, air carrier or
commuter, if applicable); and,
(3) the waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) since October
15, 2020, for the duration of the transfer.\36\ Slots transferred prior
to this date may benefit from the waiver if all other conditions are
met. Slots granted historic precedence for subsequent seasons based on
this relief are not eligible for transfer if the slot holder ceases all
operations at the airport.
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\36\ As previously explained, the FAA has determined not to
revise this condition to include a buffer period for new transfers
to be completed and still benefit from this waiver. Therefore, this
policy will remain in effect continuously from the initial effective
date of October 16, 2020.
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In addition, as proposed, an exception may be granted to these
conditions based on any government restriction that prevents or
severely restricts international travel to specific airports,
destinations (including intermediate points) or countries for which the
slot was held. This exception applies under extraordinary circumstances
only in which a carrier is able to demonstrate that the ability to
operate a particular flight or comply with the conditions of the
proposed waiver is prevented or severely restricted due to an
unpredictable official governmental action related to COVID-19. This
proposed exception includes minor modifications compared to the
exception currently in effect for the Summer 2021 season.\37\ The FAA
seeks to provide greater flexibility in allowing exceptions under
certain circumstances based on issues that have arisen in the course of
implementing the relief currently available. Official government
actions that may qualify for this exception, include--
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\37\ See FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302).
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Government travel restrictions based on nationality,
closed borders, government advisories related to COVID-19 that warn
against all but essential travel, or complete bans on flights from/to
certain countries or geographic areas.
Government restrictions related to COVID-19 on the maximum
number of arriving or departing flights and/or the number of passengers
on a specific flight or through a specific airport.
Government restrictions on movement or quarantine/
isolation measures within the country or region where the airport or
destination (including intermediate points) is located.
Government-imposed closure of businesses essential to
support aviation activities (e.g., closure of hotels, ground handling
suppliers, etc.).
Governmental restrictions on airline crew, including
unreasonable entry requirements or unreasonable testing and/or
quarantine measures.
This exception is being administered by the FAA in coordination
with the Office of the Secretary of Transportation (OST). The
extraordinary circumstances exception in this slot usage relief would
only apply within the scope of the relief otherwise provided by the
waiver; U.S. carriers should not expect to rely on the extraordinary
circumstances exception for relief for domestic operations.
The conditions for COVID-19-related relief for prioritizing flights
canceled at IATA Level 2 airports, for purposes of establishing a
carrier's operational baseline in the next corresponding season, which
the FAA would apply to the relief proposed in this notice include:
(1) All schedules as initially submitted by carriers and approved
by
[[Page 52119]]
the FAA and not intended to be operated must be returned at least four
weeks prior to the date of the FAA-approved operation to allow other
carriers an opportunity to operate these times on an ad hoc basis
without historic precedence. Schedules operated as approved on an ad
hoc basis in Winter 2021/2022 will be given priority over new demands
for the same timings in the next equivalent season (Winter 2022/2023)
for use on an ad hoc basis, subject to capacity availability and
consistent with established rules and policies in effect in the United
States. Foreign carriers seeking priority under this provision would be
required to represent that their home jurisdiction will provide
reciprocal priority to U.S. carrier requests of this nature; and,
(2) The priority for FAA schedules approved for Winter 2021/2022
does not apply to net-newly approved operations for initial use during
the Winter 2021/2022 season. New approved times will remain eligible
for priority consideration in Winter 2022/2023 if actually operated in
Winter 2021/2022 according to established processes.
Consistent with the proposal for slot-controlled airports, limited
exceptions may be granted from either or both of these conditions at
Level 2 airports under extraordinary circumstances due to any
government restriction that prevents or severely restricts travel to
specific airports, destinations (including intermediate points), or
countries for which the slot was held, as discussed previously with
respect to slot-controlled airports. If the exception is determined not
to apply, carriers are expected to meet the conditions for relief or
operate consistent with standard expectations for the Level 2
environment. The extraordinary circumstances exception in this slot
usage relief would only apply within the scope of the relief otherwise
provided by the waiver, carriers should not expect to rely on the
extraordinary circumstances exception for relief related to domestic
operations.
The FAA believes an extension of relief for all international
operations, through March 26, 2022, is reasonable due to fluctuating
travel restrictions and ongoing economic and health impacts of COVID-19
internationally. The proposed relief is expected to provide carriers
with flexibility during this unprecedented situation and to support the
long-term viability of international operations at slot-controlled and
IATA Level 2 airports in the United States.\38\ Continuing relief for
this additional period is reasonable to mitigate the impacts on
passenger demand for international air travel resulting from the spread
of COVID-19 worldwide.
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\38\ The FAA is responsible to develop plans and policy for the
use of navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport, 85
FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
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As of the date of issuance of this notice, U.S. domestic air travel
demand and vaccination rates have reached a level that the FAA believes
no longer necessarily justifies COVID-19-related slot usage relief
domestically. However, COVID-19 continues to present a highly unusual
and unpredictable condition for international operations that is beyond
the control of carriers. Indeed, foreign carriers in many parts of the
world are prevented from operating to the United States due to
governmental restrictions resulting from COVID-19. The continuing
impacts of COVID-19 on global aviation are dramatic and extraordinary,
with an unprecedented decrease in passenger demand for international
air travel globally. The ultimate duration and severity of COVID-19
impacts on passenger demand for international air travel remains
unclear. Even after the pandemic is contained, impacts on passenger
demand for international air travel are likely to continue for some
time.
If the FAA extends relief for international operations through
March 26, 2022, as proposed, the FAA expects that foreign slot
coordinators will provide reciprocal relief to U.S. carriers. To the
extent that U.S. carriers fly to a foreign carrier's home jurisdiction
and that home jurisdiction does not offer reciprocal relief to U.S.
carriers, the FAA may determine not to grant a waiver to that foreign
carrier. 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.
Invitation for Comment and Submission of Supporting Information
The FAA seeks views and information regarding this proposal.
Interested persons are invited to submit comments and supporting
information to demonstrate why the FAA should or should not finalize
this decision, and to submit any information relevant to making this
decision. The FAA has received multiple formal petitions advocating on
behalf of U.S. carriers that seek continued relief for international
operations. However, the FAA has not received formal, individualized
requests from U.S. carriers explaining the need for continued relief
for international operations despite the early signs of recovery of air
travel demand in the United States and certain parts of the world and
the potential for U.S. carriers to utilize slots for operations on
alternative routes--domestic or international. In particular, U.S.
carriers are invited to provide individualized responses to the
following--
What is the basis with supporting rationale under which a
U.S. carrier may necessitate continued relief for international
operations in light of increasing demand for air travel domestically
and for some international destinations? To what extent do carriers
anticipate being unable to meet minimum slot usage requirements and/or
operate consistent with approvals at Level 2 airports?
What is the particularized relief requested for the Winter
2021/2022 season? In other words, each U.S. carrier seeking relief for
international operations this Winter is invited to provide a detailed
accounting of which operations in its portfolio have historically been
used for international service versus domestic as well as any
differences for the upcoming Winter 2021/2022 season, with an
explanation regarding what extent (such, as percentage) of the
carriers' international portfolio cannot be repurposed for alternate
operations?
What sources of information, other than historic published
schedules, would U.S. carriers make available to FAA to demonstrate
intent to use specific slots or approved timing for international
operations versus domestic?
To what extent have U.S. carriers relied upon the relief
provided for the Summer 2021 season for international operations?
Information submitted to the FAA may be subject to disclosure under
the Freedom of Information Act. The FAA recognizes that commenters may
seek to submit business information that is both customarily and
actually treated as confidential. Persons that submit such confidential
business information should clearly mark the information as ``PROPIN''.
The FAA will take the necessary steps to protect properly designated
information to the extent allowable by law.
[[Page 52120]]
After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.
Issued in Washington, DC, on September 16, 2021.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2021-20400 Filed 9-16-21; 4:15 pm]
BILLING CODE 4910-13-P
