COVID-19 Related Relief Concerning International Operations at Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season, 11805-11810 [2022-04429]
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Notices
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Nia
Daniels, (202) 267–7626, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC.
Timothy R. Adams,
Deputy Executive Director, Office of
Rulemaking.
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Petition for Exemption
Docket No.: FAA–2019–0573.
Petitioner: Amazon Prime Air.
Sections of 14 CFR Affected:
§§ 61.3(a), 61.23(a)(2), 61.113(a), 61.133,
91.7(a), 91.113(b)–(f), 91.119(b) and (c),
91.121, 91.151(a), 91.151(b), 135.25(a)(1)
and (a)(2), 135.63(c) and (d), 135.65(d),
135.93, 135.95(a), 135.149(a),
135.161(a)(1)–(3), 135.203(a),
135.203(b), 135.209(a), 135.209(b),
135.243(b)(1) and (b)(2).
Description of Relief Sought: Amazon
Prime Air (Amazon) seeks to amend its
existing exemptions (Exemption Nos.
18601 and 18602), which permit
operations under a part 135 air carrier
operating certificate with an unmanned
aircraft system (UAS), to enable the
petitioner’s commercial delivery
operations using UASs. Amazon
requests that the FAA amend these
exemptions to cover the MK27–2 drone
system and to modify the conditions
and limitations of the exemptions to
reflect the upgraded capabilities and
enhanced safety of the MK27–2.
Specifically, Amazon seeks to remove
several conditions and limitations that
the FAA imposed based on the
capabilities of Amazon’s original MK27.
Amazon also seeks to remove the
requirements for each pilot-incommand, check pilot, and flight
instructor to hold a private pilot
certificate issued under part 61 and a
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second class medical certificate in
accordance with § 61.23(a)(2). Amazon
states that the purpose of the
amendments is to reflect enhancements
to Amazon’s UAS and operating
procedures.
[FR Doc. 2022–04349 Filed 3–1–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. –2022–15]
Petition for Exemption; Summary of
Petition Received; Mr. Adam Aboueid
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion nor omission of information
in the summary is intended to affect the
legal status of the petition or its final
disposition.
SUMMARY:
Comments on this petition must
identify the petition docket number and
must be received on or before March 22,
2022.
ADDRESSES: Send comments identified
by docket number FAA–2021–0996
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
DATES:
PO 00000
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11805
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Nia
Daniels, (202) 267–7626, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC.
Timothy R. Adams,
Deputy Executive Director, Office of
Rulemaking.
Petition for Exemption
Docket No.: FAA–2021–0996.
Petitioner: Adam Aboueid.
Section of 14 CFR Affected: 65.65.
Description of Relief Sought: Mr.
Adam Aboueid seeks relief from Title 14
Code of Federal Regulations § 65.65 that
would allow him to be able to facilitate
the practical aspects of aircraft
dispatching training remotely for an
indefinite trial period. It will still be
interactive and facilitated in real-time
by a qualified instructor.
[FR Doc. 2022–04350 Filed 3–1–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2020–0862]
COVID–19 Related Relief Concerning
International Operations at Chicago
O’Hare International Airport, John F.
Kennedy International Airport, Los
Angeles International Airport, Newark
Liberty International Airport, New York
LaGuardia Airport, Ronald Reagan
Washington National Airport, and San
Francisco International Airport for the
Summer 2022 Scheduling Season
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
international operations only.
AGENCY:
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Notices
The FAA proposes to extend
through October 29, 2022, the
Coronavirus (COVID–19)-related
limited, conditional waiver of the
minimum slot usage requirement at
John F. Kennedy International Airport
(JFK), New York LaGuardia Airport
(LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA
has already made available through
March 26, 2022, for international
operations only. Similarly, the FAA
proposes to extend through October 29,
2022, its COVID–19-related limited,
conditional policy for prioritizing flights
canceled at designated International Air
Transport Association (IATA) Level 2
airports in the United States, for
purposes of establishing a carrier’s
operational baseline in the next
corresponding season, for international
operations only. These IATA Level 2
airports include Chicago O’Hare
International Airport (ORD), Los
Angeles International Airport (LAX),
Newark Liberty International Airport
(EWR), 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
October 29, 2022, and would be subject
to the same terms and conditions, that
the FAA has already applied to the
relief that remains available through
March 26, 2022.
DATES: Submit comments on or before
March 7, 2022.
ADDRESSES: 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:
SUMMARY:
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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
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).
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LGA) 2 and related relief to carriers
operating at designated IATA Level 2
airports in the United States (EWR,
LAX, ORD, SFO) due to the
extraordinary impacts on the demand
for air travel resulting from the COVID–
19 pandemic.3 Since the initial slot
usage waiver and related relief was
provided, the FAA has taken action to
extend the relief provided on four
occasions subject to certain substantive
changes, including the addition of
conditions, as the COVID–19 situation
continued to evolve.4 The most recent
limited, conditional extension of
COVID–19-related relief was issued by
the FAA on October 18, 2021, and is
due to expire on March 27, 2022.5
Current COVID–19 Situation
Since FAA’s notice published October
20, 2021, granting a limited, conditional
extension of COVID–19-related relief for
international operations only at slotcontrolled 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 February 20, 2022, the
WHO reported over 12 million new
COVID–19 cases and over 67,000 new
deaths, bringing the cumulative total to
more than 422 million confirmed
COVID–19 cases and over 5.8 million
deaths globally since the start of the
COVID–19 pandemic.7
2 Although DCA and LGA are not designated as
IATA Level 3 slot-controlled airports given that
these airports primarily serve domestic
destinations, the FAA limits operations at these
airports via rules at DCA and an Order at LGA that
are equivalent to IATA Level 3. See FN 1. The FAA
reiterates that the relief provided in the March 16,
2020, notice (85 FR 15018); the April 17, 2020,
notice (85 FR 21500); the October 7, 2020, notice
(85 FR 63335); the January 14, 2021, Summer 2021
FAA Policy Statement (Docket No. FAA–2020–
0862–0302); and, the October 20, 2021, notice (86
FR 58134), extends to all allocated slots, including
slots allocated by exemption.
3 Notice of Limited Waiver of the Slot Usage
Requirement, 85 FR 15018 (Mar. 16, 2020).
4 Notice of Extension of Limited Waiver of the
Minimum Slot Usage Requirement, 85 FR 21500
(Apr. 17, 2020); Extension of Limited Waiver of the
Minimum Slot Usage Requirement, 85 FR 63335
(Oct. 7, 2020); FAA Policy Statement: Limited,
Conditional Extension of COVID–19 Related Relief
for the Summer 2021 Scheduling Season (Docket
No. FAA–2020–0862–0302); and Extension of
Limited, Conditional Waiver of the Minimum Slot
Usage Requirement for International Operations
Only, 86 FR 58134 (Oct. 20, 2021).
5 Extension of limited, conditional waiver of the
minimum slot usage requirement for international
operations only, 86 FR 58134 (Oct. 20, 2021).
6 https://covid19.who.int/table.
7 COVID–19 weekly epidemiological update,
February 22, 2022, available at: https://
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The WHO reports that it is monitoring
multiple variants globally; currently, the
WHO has classified five different
variants as ‘‘variants of concern’’ and
two different variants as ‘‘variants of
interest.’’ 8 The Centers for Disease
Control and Prevention (CDC) is
monitoring all variants of COVID–19 in
the United States.9 The CDC has listed
the Omicron and Delta variants as
variants of concern.10 The CDC reports
that all Food and Drug Administration
(FDA)-approved or authorized vaccines
are expected to be effective against
severe illness, hospitalizations, and
deaths from the Omicron variant of
COVID–19.11
Currently, three COVID–19 vaccines
have been authorized for emergency use
or approved by the FDA.12 As of
February 24, 2022, 64.8 percent of
Americans are fully vaccinated, and
76.3 percent of Americans have received
at least one dose.13 Due to substantial
efforts to increase vaccination rates
across the globe, the United States
moved away from a country-by-country
restriction previously applied during
the COVID–19 pandemic and adopted
an air travel policy that relies primarily
on vaccination to advance the safe
resumption of international air travel to
the United States.14 When the FAA
extended COVID–19-related relief for
international operations only by notice
published October 20, 2021, the number
of confirmed new cases of COVID–19 in
the U.S. for the week of October 18,
2021, based on WHO data, was
509,330.15 On December 1, 2021, the
first case attributable to the Omicron
variant was identified in the United
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), What You
Need To Know About Variants, 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/.
12 https://www.fda.gov/emergency-preparednessand-response/coronavirus-disease-2019-covid-19/
covid-19-vaccines.
13 CDC, COVID–19 Vaccinations in the United
States, updated February 24, 2022, available at:
https://covid.cdc.gov/covid-data-tracker/
#vaccinations.
14 Id. See also https://www.whitehouse.gov/
briefing-room/presidential-actions/2021/10/25/aproclamation-on-advancing-the-safe-resumption-ofglobal-travel-during-the-covid-19-pandemic/.
15 Notice of Extension of Limited, Conditional
Waiver of the Minimum Slot Usage Requirement for
International Operations Only, 86 FR 58134 (Oct.
20, 2021). See also https://covid19.who.int/region/
amro/country/us.
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Notices
States.16 For the week of February 14,
2022, which is the most recent week for
which data is available, the WHO
reports 716,884 confirmed new cases in
the United States.17 For the week ending
on February 19, 2022, the CDC Nowcast
model estimates that Omicron accounts
for 99 percent of total cases.18
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Standard Applicable to This Waiver
Proceeding
The FAA reiterates the standards
applicable to petitions for waivers of the
minimum slot usage requirements in
effect at DCA, JFK, and LGA, as
discussed in FAA’s initial decision
granting relief due to COVID–19
impacts.19 At JFK and LGA, each slot
must be used at least 80 percent of the
time.20 Slots not meeting the minimum
usage requirements will be withdrawn.
The FAA may waive the 80 percent
usage requirement in the event of a
highly unusual and unpredictable
condition that is beyond the control of
the slot-holding air carrier and which
affects carrier operations for a period of
five consecutive days or more.21
At DCA, any slot not used at least 80
percent of the time over a two-month
period also will be recalled by the
FAA.22 The FAA may waive this
minimum usage requirement in the
event of a highly unusual and
unpredictable condition that is beyond
the control of the slot-holding carrier
and which exists for a period of nine or
more days.23
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
16 https://www.cdc.gov/coronavirus/2019-ncov/
science/science-briefs/scientific-brief-omicronvariant.html.
17 https://covid19.who.int/region/amro/country/
us.
18 United States: Feb. 13, 2022–Feb. 19, 2022
NOWCAST. https://covid.cdc.gov/covid-datatracker/#variant-proportions.
19 See 85 FR 15018 (Mar. 16, 2020).
20 Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020);
Operating Limitations at New York LaGuardia
Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
21 At JFK, historical rights to operating
authorizations and withdrawal of those rights due
to insufficient usage will be determined on a
seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement
of the applicable season. See JFK Order, 85 FR at
58260. At LGA, any operating authorization not
used at least 80 percent of the time over a twomonth period will be withdrawn by the FAA. See
LGA Order, 85 FR at 58257.
22 See 14 CFR 93.227(a).
23 See 14 CFR 93.227(j).
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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
Stakeholder Concerning Continued
COVID–19 Relief
The FAA has received four petitions
regarding COVID-related relief for the
Summer 2022 season to date. The FAA
received a petition from the
International Air Transport Association
(IATA), a joint petition from Airlines for
America (A4A) and IATA, a joint
petition from American Airlines
(American), Delta Airlines (Delta), and
United Airlines (United), and a joint
petition from 31 global airlines,
including Aer Lingus, Air Canada, Air
China, Air Dolomiti, Air New Zealand,
American Airlines, All Nippon Airways,
Austrian Airlines, Avianca Airlines,
Azul, British Airways, Brussels Airlines,
Delta Air Lines, Edelweiss Air,
Emirates, Eurowings, GOL, Iberia, KLM,
Kuwait Airways, Lufthansa,
Scandinavian Airlines, Singapore
Airlines, Shenzhen Airlines, South
African Airways, Swiss International
Air Lines, Thai Airways, United
Airlines, Virgin Atlantic, Virgin
Australia, and WestJet Airlines.24 All
petitions received to date request further
relief, for international operations only,
through the end of the Summer 2022
scheduling season due to the ongoing
COVID–19 impacts on demand for
international air travel.
IATA petitions the FAA for continued
relief for international operations,
stating that relief for international traffic
has ‘‘proven to be essential . . .
considering government travel
restrictions that have evolved as the
virus has spread and mutated, including
during the past weeks with the new
Omicron variant.’’ IATA believes that
without relief for international
operations, ‘‘airlines would have been
forced to operate services unjustified by
demand to preserve historic rights to
slots that are critical to future
connectivity and the consumer choice.
Further, IATA states that ‘‘air traffic
remains hugely impacted by the
COVID–19 crisis with international
traffic remaining at approximately 21
percent of pre-COVID levels year to
date.’’ IATA notes that ‘‘the Worldwide
Airport Slot Board (WASB) is
recommending a framework for slot use
alleviation measures for NS22 that
balances the differing speeds of regional
24 Copies of all petitions have been placed in the
docket for this proceeding.
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11807
recovery with a gradual restoration of
slot rules when appropriate for the
particular market’’ and attached a copy
of the WASB framework with its
petition. Stopping short of expressly
advocating for the adoption of the
WASB framework in the United States,
IATA asserts that within ‘‘the U.S.
international market there are still many
routes deeply impacted, which would
warrant a level of series returns and a
reduced use ratio.’’ Moreover, IATA
states that ‘‘[f]or all markets, it is
essential to have a robust set of justified
reasons for non-use of slots (JNUS) to
manage changes in the operating
environment as the pandemic evolves.’’
A4A and IATA submitted a joint
petition requesting ‘‘a waiver of
minimum usage rules for international
operations at Level 2 and 3 airports and
terminal facilities for the Summer 2022
season.’’ A4A and IATA state that
‘‘international demand has not
recovered’’ and that ‘‘[b]ooking trends
into spring and summer 2022 not only
remain weak but slipped further since
December due to the recent uptick in
Omicron cases worldwide.’’ A4A and
IATA note that ‘‘[t]he transpacific
market, where many countries like
Japan, South Korea, and China continue
to impose entry bans for non-citizens,
saw passenger volumes down more than
85% in December 2021, the peak of
winter season.’’ In addition, A4A and
IATA assert that ‘‘[a]n international
waiver by the U.S. is needed to ensure
that foreign countries provide a
reciprocal waiver abroad.’’
American, Delta, and United
submitted a joint petition to ‘‘urgently
request continued relief from standard
international slot usage rules during the
Northern Hemisphere summer 2022
season.’’ American, Delta, and United
state that ‘‘[t]he COVID–19 pandemic
continues to negatively impact
worldwide air travel; the Omicron
variant has caused governments to
significantly restrict or control entry of
passengers and airline crew members
and unfortunately, the future remains
unpredictable.’’ Attached to American,
Delta, and United’s joint petition was a
letter from leading international airlines
to slot regulators around the world. The
attached letter, which included 31
international airlines (including
American, Delta, and United), requests
‘‘continued relief from standard
international slot usage rules during the
Northern Hemisphere summer 2022
season.’’ The carriers assert that
‘‘[i]nternational slot relief is essential for
the full summer season which runs from
March 27 through October 29.’’
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Discussion of Proposal for Continued
Relief for International Operations
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, the FAA proposes to extend,
for international operations only, the
current limited, conditional relief that
the FAA has already made available
through March 26, 2022, through the
end of the Summer 2022 season on
October 29, 2022.25 This relief would be
limited to slots and approved operating
times used by carriers for international
operations through October 29, 2022,
and would be subject to the same terms
and conditions that the FAA has
applied to the relief already made
available through March 26, 2022,
which the FAA reiterates in this notice.
International operations, for the purpose
of this notice, are flights intended for
operation between one of the U.S. slotcontrolled 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. As previously stated, at
some point in time, continuing waivers
to preserve pre-COVID slot holdings
may impede the ability of airports and
airlines to provide services that benefit
the overall national economy and make
appropriate use of scarce public assets.
Therefore, the FAA emphasizes that
operators should not assume further
relief on the basis of COVID–19 will be
forthcoming beyond the end of the
Summer 2022 scheduling season.
IATA reports in its petition that
international flights globally are
operating at approximately ‘‘21 percent
of pre-COVID levels year to date.’’ As
indicated in IATA’s petition,
‘‘[g]overnments’ reimposition of travel
restrictions, regardless of vaccination
status, in response to Omicron has led
passengers to cancel or delay travel
because of a legitimate fear they will be
stranded, placed in quarantine, or
subject to multiple and costly testing
requirements. For much of international
aviation, restrictions remain in place on
both ends of the route which requires
consumers to keep up with frequently
changing policies that may impact their
travel. For example, travellers [sic] have
25 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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17:34 Mar 01, 2022
Jkt 256001
been challenged with the recent changes
in testing requirements, regardless of
vaccination status, as many foreign
service providers are experiencing
difficulty with test availability and
results processing to meet the new
requirements.’’
The FAA agrees with IATA and the
other petitioners. Based on global
vaccination rates, changing infection
rates and the threat of new virus strains,
continued unpredictability of travel
restrictions, and the disparity between
demand for domestic air travel and
demand for international air travel,
extending the current limited,
conditional waiver for international
operations by all carriers, is reasonable.
The FAA believes extending the limited,
conditional slot usage waiver, for
international operations only, through
the Summer 2022 season would provide
carriers with the 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 notes that A4A and IATA
requested a ‘‘waiver of the minimum
slot usage rules for international
operations at Level 2 and 3 airports and
terminal facilities for the Summer 2022
season.’’ (emphasis added). The FAA
does not allocate or assign terminal
resources at the airport facility. The
FAA administers runway schedule
limits under the Administrator’s
authority to manage the efficient use of
the national airspace system, and all
requests concerning the use of airport
terminal facilities should be directed to
the respective local airport sponsor or
operating authority.26
The FAA recognizes that domestic
carriers have a mix of both domestic and
international operations, and therefore
the agency intends to make this relief
available for international operations
that would have been operated in the
Summer 2022 season, but for COVID–19
impacts on air travel demand. In other
words, the FAA intends to provide this
conditional relief to domestic carriers
on a scale that is generally comparable
to each carrier’s pre-COVID level of
international service. The FAA would
generally evaluate any request for relief
from U.S. carriers for the Summer 2022
scheduling season based on historical
levels of operations to foreign points as
demonstrated in published schedules
from the Summer 2019 scheduling
season. Domestic carriers seeking relief
for a particular operation under the
waiver would need to provide the FAA,
if not readily apparent from FAA
26 See
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records and historic published schedule
data, alternative supplemental
information that predates this notice to
demonstrate intent to use a slot or
approved operating time for an
international destination. The FAA
would not accept evidence of intent to
use a particular slot or approved
operating time for an international flight
during the Summer 2022 season if the
information is dated after this notice is
issued.
International operations eligible for a
waiver under this proposal would be
subject to all of the same conditions and
policies made available in FAA’s Winter
2021/2022 waiver, which remains in
effect at slot-controlled, and IATA Level
2 airports in the United States for the
Winter 2021/2022 season.27 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. However, slots operated as
approved on a non-historic basis in
Summer 2022 will be given priority over
new demands for the same timings in
the next equivalent season (Summer
2023) for use on a non-historic basis,
subject to capacity availability and
consistent with established rules and
policies in effect in the United
States.28 29 Foreign carriers seeking
27 Notice of Extension of Limited, Conditional
Waiver of the Minimum Slot Usage Requirement for
International Operations Only, 86 FR 58134 (Oct.
20, 2021).
28 Consistent with the FAA’s waiver policy issued
October 18, 2021, this priority would apply to slot
or schedule requests for Summer 2023, which are
comparable in timing, frequency, and duration to
the non-historic ad hoc approvals made by the FAA
for Summer 2022. This priority does not affect the
historic precedence or priority of slot holders and
carriers with schedule approvals, respectively,
which meet the conditions of the waiver during
Summer 2022 and seek to resume operating in
Summer 2023. The FAA may consider this priority
in the event that slots with historic precedence
become available for permanent allocation by the
FAA.
29 Although the FAA is proposing to extend the
four-week rolling return policy consistent with the
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priority under this provision will be
required to represent that their home
jurisdiction will provide reciprocal
priority to U.S. carrier requests of this
nature. Compliance with this condition
is required for operations scheduled
from March 27, 2022, through the
duration of this relief; therefore, carriers
must begin notifying the FAA of Winter
returns by February 28, 2022; 30
(2) the waiver does not apply to slots
newly allocated for initial use during
the Summer 2022 season. New
allocations meeting minimum usage
requirements remain eligible for historic
precedence. The waiver does not apply
to historic in-kind slots within any 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.31 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 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. Official
government actions that may qualify for
this exception include—
• Government travel restrictions
based on nationality, closed borders,
Winter 2021/2022 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.
30 The FAA will consider pushing the initial date
for required returns depending on the issuance date
of the final decision.
31 Consistent with prior proceedings, the FAA
does not propose to revise this condition to include
a buffer period for new transfers to be completed
and still benefit from this waiver. Therefore, this
policy would remain in effect continuously from
the initial effective date of October 16, 2020.
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17:34 Mar 01, 2022
Jkt 256001
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 would continue to be
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 be limited
to the scope of the relief otherwise
proposed; U.S. carriers should not
expect to rely on the extraordinary
circumstances exception for relief for
domestic operations.32
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
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
assurance of priority in the next
corresponding season. However,
schedules operated as approved on an
ad hoc basis in Summer 2022 will be
given priority over new demands for the
same timings in the next equivalent
season (Summer 2023) for use on an ad
hoc basis, subject to capacity
availability and consistent with
established rules and policies in effect
in the United States. Foreign carriers
seeking priority under this provision
would be required to represent that their
32 The FAA may consider individualized requests
from U.S. carriers for domestic relief on a case-bycase basis consistent with the applicable waiver
standard.
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Frm 00124
Fmt 4703
Sfmt 4703
11809
home jurisdiction will provide
reciprocal priority to U.S. carrier
requests of this nature. Compliance with
this condition would be required for
operations scheduled from March 27,
2022, through the duration of this relief;
therefore carriers must begin notifying
the FAA of Summer returns by February
28, 2022; and,
(2) The priority for FAA schedules
approved for Summer 2022 does not
apply to net-newly approved operations
for initial use during the Summer 2022
season. New approved times will
remain eligible for priority
consideration in Summer 2023 if
actually operated in Summer 2022
according to established processes.
Consistent with the 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 schedule approval was held,
as discussed previously with respect to
slot-controlled airports. If the exception
is determined not to apply, carriers
would be expected to meet the
conditions for relief or operate
consistent with standard expectations
for the Level 2 environment. The
extraordinary circumstances exception
in this proposal 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 related to domestic operations.
The FAA believes an extension of
relief for international operations only,
through October 29, 2022, is reasonable
due to fluctuating travel restrictions and
the ongoing economic and health
impacts of COVID–19 internationally.
The proposed relief is expected to
provide carriers with flexibility during
this unprecedented situation and to
support the long-term viability of
international operations at slotcontrolled and IATA Level 2 airports in
the United States.33 Continuing relief for
this additional period would be
reasonable to mitigate the impacts on
passenger demand for international air
33 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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travel resulting from the spread of
COVID–19 worldwide.
As of the date of issuance of this
notice, COVID–19 continues to present
a highly unusual and unpredictable
condition for international operations
that is beyond the control of carriers.
The continuing impacts of COVID–19
on global aviation are dramatic and
extraordinary, with an unprecedented
decrease in passenger demand for
international air travel globally. The
ultimate duration and severity of
COVID–19 impacts on passenger
demand for international air travel
remain unclear. 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
October 29, 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.
The FAA acknowledges that some
foreign jurisdictions may opt to adopt
more strict provisions in response to
this proposal than they had otherwise
planned. However, as previously
explained, the FAA believes the
conditions associated with the relief
provided in this proposal are necessary
to strike a balance between competing
interests of incumbent carriers and
those carriers seeking new or increased
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access at these historically-constrained
airports, as well as to ensure the relief
is appropriately tailored to reduce the
potential for a long-term waiver to
suppress flight operations for which
demand exists. A foreign carrier seeking
a waiver may wish to ensure that the
responsible authority of the foreign
carrier’s home jurisdiction submits a
statement by email to ScheduleFiling@
dot.gov confirming reciprocal treatment
of the slot holdings of U.S. carriers.
After receiving and reviewing
comments, the FAA anticipates
subsequently providing notice of its
final decision.
Issued in Washington, DC, on February 25,
2022.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022–04429 Filed 2–28–22; 8:45 am]
BILLING CODE 4910–13–P
Nationals and Blocked Persons List
(SDN List) based on OFAC’s
determination that one or more
applicable legal criteria were satisfied.
Additionally, OFAC is publishing
updates to the identifying information
of one person currently included on the
SDN List. All property and interests in
property subject to U.S. jurisdiction of
these persons are blocked, and U.S.
persons are generally prohibited from
engaging in transactions with them.
DATES: See SUPPLEMENTARY INFORMATION
section for applicable date(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Andrea Gacki, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
SUMMARY:
PO 00000
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Fmt 4703
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The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Actions
A. On February 24, 2022, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authority listed below.
BILLING CODE 4810–AL–P
E:\FR\FM\02MRN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11805-11810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04429]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2020-0862]
COVID-19 Related Relief Concerning International Operations at
Chicago O'Hare International Airport, John F. Kennedy International
Airport, Los Angeles International Airport, Newark Liberty
International Airport, New York LaGuardia Airport, Ronald Reagan
Washington National Airport, and San Francisco International Airport
for the Summer 2022 Scheduling Season
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 international operations
only.
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[[Page 11806]]
SUMMARY: The FAA proposes to extend through October 29, 2022, the
Coronavirus (COVID-19)-related limited, conditional waiver of the
minimum slot usage requirement at John F. Kennedy International Airport
(JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA has already made available through
March 26, 2022, for international operations only. Similarly, the FAA
proposes to extend through October 29, 2022, its COVID-19-related
limited, conditional policy for prioritizing flights canceled at
designated International Air Transport Association (IATA) Level 2
airports in the United States, for purposes of establishing a carrier's
operational baseline in the next corresponding season, for
international operations only. These IATA Level 2 airports include
Chicago O'Hare International Airport (ORD), Los Angeles International
Airport (LAX), Newark Liberty International Airport (EWR), 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 October 29, 2022, and would be
subject to the same terms and conditions, that the FAA has already
applied to the relief that remains available through March 26, 2022.
DATES: Submit comments on or before March 7, 2022.
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 four occasions subject to certain substantive changes,
including the addition of conditions, as the COVID-19 situation
continued to evolve.\4\ The most recent limited, conditional extension
of COVID-19-related relief was issued by the FAA on October 18, 2021,
and is due to expire on March 27, 2022.\5\
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\1\ The FAA has authority for developing ``plans and policy for
the use of the navigable airspace'' and for assigning ``by
regulation or order the use of the airspace necessary to ensure the
safety of aircraft and the efficient use of airspace.'' 49 U.S.C.
40103(b)(1). The FAA manages slot usage requirements under the
authority of 14 CFR 93.227 at DCA and under the authority of Orders
at JFK and LGA. See Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020); Operating
Limitations at New York LaGuardia Airport, 85 FR 58255 (Sep. 18,
2020).
\2\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, the FAA limits operations at these airports
via rules at DCA and an Order at LGA that are equivalent to IATA
Level 3. See FN 1. The FAA reiterates that the relief provided in
the March 16, 2020, notice (85 FR 15018); the April 17, 2020, notice
(85 FR 21500); the October 7, 2020, notice (85 FR 63335); the
January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA-
2020-0862-0302); and, the October 20, 2021, notice (86 FR 58134),
extends to all allocated slots, including slots allocated by
exemption.
\3\ Notice of Limited Waiver of the Slot Usage Requirement, 85
FR 15018 (Mar. 16, 2020).
\4\ Notice of Extension of Limited Waiver of the Minimum Slot
Usage Requirement, 85 FR 21500 (Apr. 17, 2020); Extension of Limited
Waiver of the Minimum Slot Usage Requirement, 85 FR 63335 (Oct. 7,
2020); FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302); and Extension of Limited,
Conditional Waiver of the Minimum Slot Usage Requirement for
International Operations Only, 86 FR 58134 (Oct. 20, 2021).
\5\ Extension of limited, conditional waiver of the minimum slot
usage requirement for international operations only, 86 FR 58134
(Oct. 20, 2021).
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Current COVID-19 Situation
Since FAA's notice published October 20, 2021, granting a limited,
conditional extension of COVID-19-related relief for international
operations only at slot-controlled airports and IATA Level 2 airports
in the United States, COVID-19 has continued to cause disruption
globally, and the timeline for recovery from this global pandemic
remains uncertain. The World Health Organization (WHO) reports COVID-19
cases in more than 200 countries, areas, and territories worldwide.\6\
For the week ending February 20, 2022, the WHO reported over 12 million
new COVID-19 cases and over 67,000 new deaths, bringing the cumulative
total to more than 422 million confirmed COVID-19 cases and over 5.8
million deaths globally since the start of the COVID-19 pandemic.\7\
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\6\ https://covid19.who.int/table.
\7\ COVID-19 weekly epidemiological update, February 22, 2022,
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 five different variants as ``variants
of concern'' and two different variants as ``variants of interest.''
\8\ The Centers for Disease Control and Prevention (CDC) is monitoring
all variants of COVID-19 in the United States.\9\ The CDC has listed
the Omicron and Delta variants as variants of concern.\10\ The CDC
reports that all Food and Drug Administration (FDA)-approved or
authorized vaccines are expected to be effective against severe
illness, hospitalizations, and deaths from the Omicron variant of
COVID-19.\11\
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\8\ https://www.who.int/en/activities/tracking-SARS-CoV-2-variants/.
\9\ Center for Disease Control (CDC), What You Need To Know
About Variants, 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/.
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Currently, three COVID-19 vaccines have been authorized for
emergency use or approved by the FDA.\12\ As of February 24, 2022, 64.8
percent of Americans are fully vaccinated, and 76.3 percent of
Americans have received at least one dose.\13\ Due to substantial
efforts to increase vaccination rates across the globe, the United
States moved away from a country-by-country restriction previously
applied during the COVID-19 pandemic and adopted an air travel policy
that relies primarily on vaccination to advance the safe resumption of
international air travel to the United States.\14\ When the FAA
extended COVID-19-related relief for international operations only by
notice published October 20, 2021, the number of confirmed new cases of
COVID-19 in the U.S. for the week of October 18, 2021, based on WHO
data, was 509,330.\15\ On December 1, 2021, the first case attributable
to the Omicron variant was identified in the United
[[Page 11807]]
States.\16\ For the week of February 14, 2022, which is the most recent
week for which data is available, the WHO reports 716,884 confirmed new
cases in the United States.\17\ For the week ending on February 19,
2022, the CDC Nowcast model estimates that Omicron accounts for 99
percent of total cases.\18\
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\12\ https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
\13\ CDC, COVID-19 Vaccinations in the United States, updated
February 24, 2022, available at: https://covid.cdc.gov/covid-data-tracker/#vaccinations.
\14\ Id. See also https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/.
\15\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021). See also https://covid19.who.int/region/amro/country/us.
\16\ https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-omicron-variant.html.
\17\ https://covid19.who.int/region/amro/country/us.
\18\ United States: Feb. 13, 2022-Feb. 19, 2022 NOWCAST. https://covid.cdc.gov/covid-data-tracker/#variant-proportions.
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Standard Applicable to This Waiver Proceeding
The FAA reiterates the standards applicable to petitions for
waivers of the minimum slot usage requirements in effect at DCA, JFK,
and LGA, as discussed in FAA's initial decision granting relief due to
COVID-19 impacts.\19\ At JFK and LGA, each slot must be used at least
80 percent of the time.\20\ Slots not meeting the minimum usage
requirements will be withdrawn. The FAA may waive the 80 percent usage
requirement in the event of a highly unusual and unpredictable
condition that is beyond the control of the slot-holding air carrier
and which affects carrier operations for a period of five consecutive
days or more.\21\
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\19\ See 85 FR 15018 (Mar. 16, 2020).
\20\ Operating Limitations at John F. Kennedy International
Airport, 85 FR 58258 (Sep. 18, 2020); Operating Limitations at New
York LaGuardia Airport, 85 FR 47065 at 58255 (Sep. 18, 2020).
\21\ At JFK, historical rights to operating authorizations and
withdrawal of those rights due to insufficient usage will be
determined on a seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement of the applicable
season. See JFK Order, 85 FR at 58260. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at
58257.
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At DCA, any slot not used at least 80 percent of the time over a
two-month period also will be recalled by the FAA.\22\ The FAA may
waive this minimum usage requirement in the event of a highly unusual
and unpredictable condition that is beyond the control of the slot-
holding carrier and which exists for a period of nine or more days.\23\
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\22\ See 14 CFR 93.227(a).
\23\ See 14 CFR 93.227(j).
---------------------------------------------------------------------------
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 Stakeholder Concerning Continued COVID-19
Relief
The FAA has received four petitions regarding COVID-related relief
for the Summer 2022 season to date. The FAA received a petition from
the International Air Transport Association (IATA), a joint petition
from Airlines for America (A4A) and IATA, a joint petition from
American Airlines (American), Delta Airlines (Delta), and United
Airlines (United), and a joint petition from 31 global airlines,
including Aer Lingus, Air Canada, Air China, Air Dolomiti, Air New
Zealand, American Airlines, All Nippon Airways, Austrian Airlines,
Avianca Airlines, Azul, British Airways, Brussels Airlines, Delta Air
Lines, Edelweiss Air, Emirates, Eurowings, GOL, Iberia, KLM, Kuwait
Airways, Lufthansa, Scandinavian Airlines, Singapore Airlines, Shenzhen
Airlines, South African Airways, Swiss International Air Lines, Thai
Airways, United Airlines, Virgin Atlantic, Virgin Australia, and
WestJet Airlines.\24\ All petitions received to date request further
relief, for international operations only, through the end of the
Summer 2022 scheduling season due to the ongoing COVID-19 impacts on
demand for international air travel.
---------------------------------------------------------------------------
\24\ Copies of all petitions have been placed in the docket for
this proceeding.
---------------------------------------------------------------------------
IATA petitions the FAA for continued relief for international
operations, stating that relief for international traffic has ``proven
to be essential . . . considering government travel restrictions that
have evolved as the virus has spread and mutated, including during the
past weeks with the new Omicron variant.'' IATA believes that without
relief for international operations, ``airlines would have been forced
to operate services unjustified by demand to preserve historic rights
to slots that are critical to future connectivity and the consumer
choice. Further, IATA states that ``air traffic remains hugely impacted
by the COVID-19 crisis with international traffic remaining at
approximately 21 percent of pre-COVID levels year to date.'' IATA notes
that ``the Worldwide Airport Slot Board (WASB) is recommending a
framework for slot use alleviation measures for NS22 that balances the
differing speeds of regional recovery with a gradual restoration of
slot rules when appropriate for the particular market'' and attached a
copy of the WASB framework with its petition. Stopping short of
expressly advocating for the adoption of the WASB framework in the
United States, IATA asserts that within ``the U.S. international market
there are still many routes deeply impacted, which would warrant a
level of series returns and a reduced use ratio.'' Moreover, IATA
states that ``[f]or all markets, it is essential to have a robust set
of justified reasons for non-use of slots (JNUS) to manage changes in
the operating environment as the pandemic evolves.''
A4A and IATA submitted a joint petition requesting ``a waiver of
minimum usage rules for international operations at Level 2 and 3
airports and terminal facilities for the Summer 2022 season.'' A4A and
IATA state that ``international demand has not recovered'' and that
``[b]ooking trends into spring and summer 2022 not only remain weak but
slipped further since December due to the recent uptick in Omicron
cases worldwide.'' A4A and IATA note that ``[t]he transpacific market,
where many countries like Japan, South Korea, and China continue to
impose entry bans for non-citizens, saw passenger volumes down more
than 85% in December 2021, the peak of winter season.'' In addition,
A4A and IATA assert that ``[a]n international waiver by the U.S. is
needed to ensure that foreign countries provide a reciprocal waiver
abroad.''
American, Delta, and United submitted a joint petition to
``urgently request continued relief from standard international slot
usage rules during the Northern Hemisphere summer 2022 season.''
American, Delta, and United state that ``[t]he COVID-19 pandemic
continues to negatively impact worldwide air travel; the Omicron
variant has caused governments to significantly restrict or control
entry of passengers and airline crew members and unfortunately, the
future remains unpredictable.'' Attached to American, Delta, and
United's joint petition was a letter from leading international
airlines to slot regulators around the world. The attached letter,
which included 31 international airlines (including American, Delta,
and United), requests ``continued relief from standard international
slot usage rules during the Northern Hemisphere summer 2022 season.''
The carriers assert that ``[i]nternational slot relief is essential for
the full summer season which runs from March 27 through October 29.''
[[Page 11808]]
Discussion of Proposal for Continued Relief for International
Operations
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, the
FAA proposes to extend, for international operations only, the current
limited, conditional relief that the FAA has already made available
through March 26, 2022, through the end of the Summer 2022 season on
October 29, 2022.\25\ This relief would be limited to slots and
approved operating times used by carriers for international operations
through October 29, 2022, and would be subject to the same terms and
conditions that the FAA has applied to the relief already made
available through March 26, 2022, which the FAA reiterates in this
notice. International operations, for the purpose of this notice, are
flights intended for operation between one of the U.S. slot-controlled
or IATA Level 2 airports and any point in a foreign jurisdiction.
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\25\ 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. As previously stated, at some point in time,
continuing waivers to preserve pre-COVID slot holdings may impede the
ability of airports and airlines to provide services that benefit the
overall national economy and make appropriate use of scarce public
assets. Therefore, the FAA emphasizes that operators should not assume
further relief on the basis of COVID-19 will be forthcoming beyond the
end of the Summer 2022 scheduling season.
IATA reports in its petition that international flights globally
are operating at approximately ``21 percent of pre-COVID levels year to
date.'' As indicated in IATA's petition, ``[g]overnments' reimposition
of travel restrictions, regardless of vaccination status, in response
to Omicron has led passengers to cancel or delay travel because of a
legitimate fear they will be stranded, placed in quarantine, or subject
to multiple and costly testing requirements. For much of international
aviation, restrictions remain in place on both ends of the route which
requires consumers to keep up with frequently changing policies that
may impact their travel. For example, travellers [sic] have been
challenged with the recent changes in testing requirements, regardless
of vaccination status, as many foreign service providers are
experiencing difficulty with test availability and results processing
to meet the new requirements.''
The FAA agrees with IATA and the other petitioners. Based on global
vaccination rates, changing infection rates and the threat of new virus
strains, continued unpredictability of travel restrictions, and the
disparity between demand for domestic air travel and demand for
international air travel, extending the current limited, conditional
waiver for international operations by all carriers, is reasonable. The
FAA believes extending the limited, conditional slot usage waiver, for
international operations only, through the Summer 2022 season would
provide carriers with the 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 notes that A4A and IATA requested a ``waiver of the minimum
slot usage rules for international operations at Level 2 and 3 airports
and terminal facilities for the Summer 2022 season.'' (emphasis added).
The FAA does not allocate or assign terminal resources at the airport
facility. The FAA administers runway schedule limits under the
Administrator's authority to manage the efficient use of the national
airspace system, and all requests concerning the use of airport
terminal facilities should be directed to the respective local airport
sponsor or operating authority.\26\
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\26\ See 49 U.S.C. 40103(b).
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The FAA recognizes that domestic carriers have a mix of both
domestic and international operations, and therefore the agency intends
to make this relief available for international operations that would
have been operated in the Summer 2022 season, but for COVID-19 impacts
on air travel demand. In other words, the FAA intends to provide this
conditional relief to domestic carriers on a scale that is generally
comparable to each carrier's pre-COVID level of international service.
The FAA would generally evaluate any request for relief from U.S.
carriers for the Summer 2022 scheduling season based on historical
levels of operations to foreign points as demonstrated in published
schedules from the Summer 2019 scheduling season. Domestic carriers
seeking relief for a particular operation under the waiver would need
to provide the FAA, if not readily apparent from FAA records and
historic published schedule data, alternative supplemental information
that predates this notice to demonstrate intent to use a slot or
approved operating time for an international destination. The FAA would
not accept evidence of intent to use a particular slot or approved
operating time for an international flight during the Summer 2022
season if the information is dated after this notice is issued.
International operations eligible for a waiver under this proposal
would be subject to all of the same conditions and policies made
available in FAA's Winter 2021/2022 waiver, which remains in effect at
slot-controlled, and IATA Level 2 airports in the United States for the
Winter 2021/2022 season.\27\ 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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\27\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021).
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(1) All slots not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these slots on an ad hoc basis
without historic precedence. However, slots operated as approved on a
non-historic basis in Summer 2022 will be given priority over new
demands for the same timings in the next equivalent season (Summer
2023) for use on a non-historic basis, subject to capacity availability
and consistent with established rules and policies in effect in the
United States.28 29 Foreign carriers seeking
[[Page 11809]]
priority under this provision will be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature. Compliance with this condition is required for
operations scheduled from March 27, 2022, through the duration of this
relief; therefore, carriers must begin notifying the FAA of Winter
returns by February 28, 2022; \30\
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\28\ Consistent with the FAA's waiver policy issued October 18,
2021, this priority would apply to slot or schedule requests for
Summer 2023, which are comparable in timing, frequency, and duration
to the non-historic ad hoc approvals made by the FAA for Summer
2022. This priority does not affect the historic precedence or
priority of slot holders and carriers with schedule approvals,
respectively, which meet the conditions of the waiver during Summer
2022 and seek to resume operating in Summer 2023. The FAA may
consider this priority in the event that slots with historic
precedence become available for permanent allocation by the FAA.
\29\ Although the FAA is proposing to extend the four-week
rolling return policy consistent with the Winter 2021/2022 waiver,
any carrier returning full-season slots or schedule approvals at an
airport outside the United States and associated with a route to the
United States will generally be expected to similarly return the
complementary full-season U.S. slot or schedule approval to the FAA
for re-allocation on a non-historic or ad hoc basis.
\30\ The FAA will consider pushing the initial date for required
returns depending on the issuance date of the final decision.
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(2) the waiver does not apply to slots newly allocated for initial
use during the Summer 2022 season. New allocations meeting minimum
usage requirements remain eligible for historic precedence. The waiver
does not apply to historic in-kind slots within any 30-minute or 60-
minute time period, as applicable, in which a carrier seeks and obtains
a similar new allocation (i.e., arrival or departure, air carrier or
commuter, if applicable); and,
(3) the waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) since October
15, 2020, for the duration of the transfer.\31\ 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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\31\ Consistent with prior proceedings, the FAA does not propose
to revise this condition to include a buffer period for new
transfers to be completed and still benefit from this waiver.
Therefore, this policy would 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 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. 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 would continue to be 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 be limited to the scope of the relief otherwise proposed; U.S.
carriers should not expect to rely on the extraordinary circumstances
exception for relief for domestic operations.\32\
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\32\ The FAA may consider individualized requests from U.S.
carriers for domestic relief on a case-by-case basis consistent with
the applicable waiver standard.
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The conditions for COVID-19-related relief for prioritizing flights
canceled at IATA Level 2 airports, 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 the FAA and not intended to be operated must be returned at least
four weeks prior to the date of the FAA-approved operation to allow
other carriers an opportunity to operate these times on an ad hoc basis
without assurance of priority in the next corresponding season.
However, schedules operated as approved on an ad hoc basis in Summer
2022 will be given priority over new demands for the same timings in
the next equivalent season (Summer 2023) for use on an ad hoc basis,
subject to capacity availability and consistent with established rules
and policies in effect in the United States. Foreign carriers seeking
priority under this provision would be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature. Compliance with this condition would be
required for operations scheduled from March 27, 2022, through the
duration of this relief; therefore carriers must begin notifying the
FAA of Summer returns by February 28, 2022; and,
(2) The priority for FAA schedules approved for Summer 2022 does
not apply to net-newly approved operations for initial use during the
Summer 2022 season. New approved times will remain eligible for
priority consideration in Summer 2023 if actually operated in Summer
2022 according to established processes.
Consistent with the 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 schedule approval was held, as discussed
previously with respect to slot-controlled airports. If the exception
is determined not to apply, carriers would be expected to meet the
conditions for relief or operate consistent with standard expectations
for the Level 2 environment. The extraordinary circumstances exception
in this proposal 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 related to
domestic operations.
The FAA believes an extension of relief for international
operations only, through October 29, 2022, is reasonable due to
fluctuating travel restrictions and the ongoing economic and health
impacts of COVID-19 internationally. The 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.\33\
Continuing relief for this additional period would be reasonable to
mitigate the impacts on passenger demand for international air
[[Page 11810]]
travel resulting from the spread of COVID-19 worldwide.
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\33\ The FAA is responsible to develop plans and policy for the
use of navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport, 85
FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
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As of the date of issuance of this notice, COVID-19 continues to
present a highly unusual and unpredictable condition for international
operations that is beyond the control of carriers. The continuing
impacts of COVID-19 on global aviation are dramatic and extraordinary,
with an unprecedented decrease in passenger demand for international
air travel globally. The ultimate duration and severity of COVID-19
impacts on passenger demand for international air travel remain
unclear. 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
October 29, 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. The FAA acknowledges that some foreign jurisdictions may opt
to adopt more strict provisions in response to this proposal than they
had otherwise planned. However, as previously explained, the FAA
believes the conditions associated with the relief provided in this
proposal are necessary to strike a balance between competing interests
of incumbent carriers and those carriers seeking new or increased
access at these historically-constrained airports, as well as to ensure
the relief is appropriately tailored to reduce the potential for a
long-term waiver to suppress flight operations for which demand exists.
A foreign carrier seeking a waiver may wish to ensure that the
responsible authority of the foreign carrier's home jurisdiction
submits a statement by email to [email protected] confirming
reciprocal treatment of the slot holdings of U.S. carriers.
After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.
Issued in Washington, DC, on February 25, 2022.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022-04429 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-13-P
