COVID-19 Related Relief Concerning Operations at Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2022/2023 Scheduling Season, 65282-65284 [2022-23619]

Download as PDF 65282 Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 / Notices Issued in Chicago, IL, on October 6, 2022. Susan Mowery-Schalk, Director, Office of Airports, AGL–600, FAA Great Lakes Region. [FR Doc. 2022–23464 Filed 10–27–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–0862] COVID–19 Related Relief Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2022/2023 Scheduling Season Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Expiration of the limited, conditional waiver of the minimum slot usage requirements. AGENCY: The FAA’s current COVID–19 related relief policy for U.S. slotcontrolled and Level 2 airports will expire on October 29, 2022. This notice confirms resumption of the minimum slot usage requirements for Operating Authorizations (slots) at Ronald Reagan Washington National Airport (DCA), John F. Kennedy International Airport (JFK) and LaGuardia Airport (LGA) for the Winter 2022/2023 scheduling season beginning October 30, 2022. This notice announces a similar resumption of standard FAA processes at designated International Air Transport Association (IATA) Level 2 airports in the United States (U.S.) to provide priority consideration for runway timings that are scheduled and operated as approved for purposes of establishing a carrier’s operational baseline in the next corresponding season. These IATA Level 2 airports include Chicago O’Hare International Airport (ORD), Los Angeles International Airport (LAX), Newark Liberty International Airport (EWR), and San Francisco International Airport (SFO). The FAA recognizes the importance of reciprocity in connection with usage alleviation policies with regard to COVID–19–related capacity and frequency restrictions at foreign airports and will consider justified requests by U.S. and foreign air carriers for usage waivers based on reciprocity and other related circumstances. DATES: This action is effective on October 28, 2022. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 22:30 Oct 27, 2022 Jkt 259001 Al Meilus, Slot Administration and Capacity Analysis, AJR–G5, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone number 202–267– 2822; email al.meilus@faa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On March 16, 2020, the FAA granted a limited waiver of the minimum slot usage requirements 1 to carriers operating at all slot-controlled airports in the United States (DCA, JFK, and LGA) 2 and related relief to carriers operating at designated IATA Level 2 airports in the United States (EWR, LAX, ORD, SFO) due to the extraordinary impacts on the demand for air travel resulting from the effects of the COVID–19 pandemic.3 Since the initial slot usage waiver and related relief was provided, the FAA has taken action to extend relief on five occasions, subject to certain substantive changes, such as narrowing the scope of relief and adding conditions, as the effects of the COVID–19 pandemic evolved.4 The 1 The FAA has authority for developing ‘‘plans and policy for the use of the navigable airspace’’ and for assigning ‘‘by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.’’ 49 U.S.C. 40103(b)(1). The FAA manages slot usage requirements under the authority of 14 CFR 93.227 at DCA and under the authority of Orders at JFK and LGA. See Operating Limitations at John F. Kennedy International Airport, 85 FR 58258 (Sep. 18, 2020); Operating Limitations at New York LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020). 2 Although DCA and LGA are not designated as IATA Level 3 slot-controlled airports given that these airports primarily serve domestic destinations, the FAA limits operations at these airports via rules at DCA and an Order at LGA that are equivalent to IATA Level 3. See FN 1. The FAA reiterates that the relief provided in the March 16, 2020, notice (85 FR 15018); the April 17, 2020, notice (85 FR 21500); the October 7, 2020, notice (85 FR 63335); the January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA–2020– 0862–0302); and, the October 20, 2021, notice (86 FR 58134), extends to all allocated slots, including slots allocated by exemption. 3 Orders Limiting Operations at John F. Kennedy International Airport and New York LaGuardia Airport; High Density Traffic Airports Rule at Ronald Reagan Washington National Airport, 85 FR 15018 (Mar. 16, 2020). 4 Orders Limiting Operations at John F. Kennedy International Airport and New York LaGuardia Airport; High Density Traffic Airports Rule at Ronald Reagan Washington National Airport, 85 FR 21500 (Apr. 17, 2020); COVID–19 Related Relief Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2020/2021 Scheduling Season, 85 FR 63335 (Oct. 7, 2020); FAA Policy Statement: Limited, Conditional Extension of COVID–19 Related Relief for the Summer 2021 Scheduling Season (Docket No. FAA–2020–0862–0302); COVID–19 Related Relief PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 most recent limited, conditional extension of COVID–19–related relief was issued by the FAA on March 29, 2022, and expires on October 29, 2022.5 Standard Applicable to This Waiver Proceeding The FAA reiterates the standards applicable to petitions for waivers of the minimum slot usage requirements in effect at DCA, JFK, and LGA, as discussed in FAA’s initial decision granting relief due to COVID–19 impacts.6 At JFK and LGA, each slot must be used at least 80 percent of the time.7 Slots not meeting the minimum usage requirements will be withdrawn. The FAA may waive the 80 percent usage requirement in the event of a highly unusual and unpredictable condition that is beyond the control of the slot-holding air carrier and which affects carrier operations for a period of five consecutive days or more.8 At DCA, any slot not used at least 80 percent of the time over a two-month period also will be recalled by the FAA.9 The FAA may waive this minimum usage requirement in the event of a highly unusual and Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Winter 2021/2022 Scheduling Season, 86 FR 58134 (Oct. 20, 2021); and COVID–19 Related Relief Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 2022). 5 COVID–19 Related Relief Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 2022). 6 See Orders Limiting Operations at John F. Kennedy International Airport and New York LaGuardia Airport; High Density Traffic Airports Rule at Ronald Reagan Washington National Airport, 85 FR 15018 (Mar. 16, 2020). 7 Operating Limitations at John F. Kennedy International Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020). 8 At JFK, historical rights to operating authorizations and withdrawal of those rights due to insufficient usage will be determined on a seasonal basis and in accordance with the schedule approved by the FAA prior to the commencement of the applicable season. See JFK Order, 85 FR at 58260. At LGA, any operating authorization not used at least 80 percent of the time over a twomonth period will be withdrawn by the FAA. See LGA Order, 85 FR at 58257. 9 See 14 CFR 93.227(a). E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 unpredictable condition that is beyond the control of the slot-holding carrier and which exists for a period of nine or more days.10 When making decisions concerning historical rights to allocated slots, including whether to grant a waiver of the usage requirement, the FAA seeks to ensure the efficient use of valuable aviation infrastructure while maximizing the benefits to airport users and the traveling public. This minimum usage requirement is expected to accommodate routine cancelations under all but the most unusual circumstances. Carriers proceed at risk if, at any time prior to a final decision, they make decisions in anticipation of the FAA granting a slot usage waiver. Summary of Petitions Submitted Airlines for America (A4A) and the IATA, on behalf of their member airlines, filed a petition with the FAA on August 25, 2022, to extend the FAA’s current waiver policy for international operations through the Winter 2022/ 2023 scheduling season from October 30, 2022, through March 25, 2023. A4A and IATA indicate the industry faces ‘‘considerable challenges as it attempts to ramp up operations to meet preCOVID level air travel demands. Shortfalls in resourcing and staffing at airports, security and immigration, air traffic control and at some airlines are well documented across the globe.’’ A4A and IATA cite ‘‘a number of major airports declaring lower levels of capacity, which has a negative impact on individual airline’s ability to restore historic operations.’’ In addition, A4A and IATA state that ‘‘the COVID–19 pandemic continues to impact airline, air traffic control and airport operations, especially at the international level.’’ In support of this claim, A4A and IATA provide that ‘‘infection rates have been increasing globally as variants cycle through phases of dominance and some countries continue to maintain COVID– 19 policies impacting aviation, particularly in the Asia-Pacific and Middle East-Africa regions. United States-Asia traffic remains down 65% in some key Asian markets and down 90% from Hong Kong and China compared to 2019 levels.’’ Further, A4A and IATA note the aviation impacts resulting from the Russian invasion of Ukraine, inflation and economic downturn, and concerns about some airports’ ability to provide sufficient capacity and resources to support a return to 80% slot use rate. Finally, A4A and IATA express concern that without continued relief ‘‘U.S. carriers will not be granted 10 See 14 CFR 93.227(j). VerDate Sep<11>2014 22:30 Oct 27, 2022 reciprocal relief from other leading countries and non-U.S. carriers are prevented from a sustainable recovery of their U.S. network.’’ Analysis Waivers are reserved for highly unusual and unpredictable conditions beyond the control of carriers. The concerns identified in the petitions, such as general economic conditions, reduced demand, operating costs, inability to recruit or retain staff or similar factors are not highly unusual and unpredictable conditions that justify broad proactive relief from minimum slot usage rules. Access to slot-controlled airports is limited; slots are scarce resources and use of those scarce resources should be prioritized by the slot holder. It is the policy of the Department of Transportation (DOT) to encourage high utilization of scarce public infrastructure. Further, it is not the policy of DOT to use slot and Level 2 rules to reserve capacity for historic incumbent carriers until demand returns to predetermined levels. The FAA has extended COVID–19 related relief five times since first providing relief in March of 2020. As FAA and DOT have previously stated, at some point in time, continuing waivers to preserve pre-COVID slot holdings may impede the ability of airports and airlines to provide services that benefit the overall national economy and make appropriate use of scarce public assets.11 Initial COVID–19 related relief was provided for all operations at the slot controlled and Level 2 airports and has been scaled back as improvements to the public health emergency supported increased demand in domestic markets and a resumption of international demand in most markets. To date, based on carrier scheduling data some carriers have even started new services and entered new markets not served previously to meet demand for travel during the initial recovery phases. In addition, COVID–19 travel restrictions in the United States and many other countries have decreased significantly over the course of the Summer 2022 scheduling season; however, the FAA acknowledges that demand in some international markets is constrained due to continuing COVID–19 related restrictions that impact international operations in certain countries or regions. These COVID–19 related restrictions may include flight frequency or flight capacity limitations, crew treatment protocols that do not allow crews to 11 See Jkt 259001 PO 00000 85 FR 63345. Frm 00099 Fmt 4703 Sfmt 4703 65283 safely rest in certain jurisdictions, and other restrictions that impede the ability of carriers to operate flights that they would otherwise intend to operate. These remaining COVID–19 related restrictions in certain foreign jurisdictions for which usage relief might be appropriate, do not, however, support a broad waiver of the minimum slot usage rules for all international operations or for carriers that may not operate for other reasons. Therefore, the FAA denies the petition by A4A and IATA for an extension of the Summer 2022 alleviation polices to the Winter 2022/ 2023 scheduling season as the requested relief is overly broad and justified relief for slot holders can be addressed through other more narrowly tailored means. The FAA slot usage waiver standards are sufficient to provide targeted relief for U.S. or foreign air carriers that are affected by the remaining COVID–19-related restrictions imposed in foreign jurisdictions. The FAA recognizes that relief may be appropriate in consideration of reciprocal treatment of air carriers and foreign air carriers with various alleviation policies at foreign airports related to restrictions and recovery from COVID–19 impacts. The FAA intends to work closely with the Office of the Secretary of Transportation (OST) in reviewing requests for relief based on foreign government restrictions or reciprocity. To the extent that U.S. carriers operate to jurisdictions that do not offer reciprocal relief to U.S. carriers, the FAA may determine not to grant a waiver to carriers of that jurisdiction. The aviation industry is not unique in its challenges as other industries also face issues with employee resources, illnesses, and onboarding and training as we emerge from the pandemic’s effects. The air transportation industry, however, has a unique role that supports the movement of passengers and cargo. Carriers need to recognize the operating environment, constraints, and opportunities and plan operations and slot use accordingly. The FAA recognizes the significant impact slot usage waiver policies have on airports, consumers, and aviation industry partners; the FAA and OST are acutely interested in seeing the return to full utilization of valuable and limited public resources in the Winter 2022/ 2023 scheduling season. The FAA reminds operators that the slot rules treat slots as being used for several of the days around certain holiday periods in the U.S. Specifically, in the Winter 2022/2023 scheduling season, this includes Thanksgiving Day E:\FR\FM\28OCN1.SGM 28OCN1 65284 Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 / Notices and the day after (November 24 and 25, 2022) and from Saturday, December 24, 2022, through January 7, 2023. These periods effectively are automatically waived and treated as operated for usage purposes and may assist carriers in planning schedules and usage rates. Decision The FAA’s current, limited COVID–19 related relief policies for international flights at the slot-controlled and Level 2 airports during the Summer 2022 scheduling season will expire as planned on October 29, 2022.12 The FAA will rely on existing standards 13 to determine whether relief from usage rules and procedures is warranted on an individual carrier basis. The FAA anticipates there will be a limited number of carrier requests for relief in Winter 2022/2023 based on foreign government-imposed travel restrictions or highly restrictive temporary limitations on flights. The FAA will work closely with OST on any such requests to determine appropriate action based on the circumstances and factors such as reciprocal treatment for U.S. carriers. Carriers requesting relief from minimum usage requirements or similar relief for runway timings at the FAAdesignated Level 2 airports should submit a petition to the FAA Slot Administration Office at 7-awaslotadmin@faa.gov. Issued in Washington, DC, on October 26, 2022. Alyce Hood-Fleming, Acting Vice President, System Operations Services. Marc A. Nichols, Chief Counsel. [FR Doc. 2022–23619 Filed 10–26–22; 4:15 pm] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4910–13–P 12 COVID–19 Related Relief Concerning Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season, 87 FR 18057, (Mar. 29, 2022). 13 Operating Limitations at John F. Kennedy International Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020); 14 CFR 93.227(j). VerDate Sep<11>2014 22:30 Oct 27, 2022 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA 2022–0029] Agency Information Collection Activities: Notice of Request for New Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: The FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval to submit one information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 2, 2022. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by November 28, 2022. ADDRESSES: You may submit comments within 30 days to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention DOT Desk Officer. You are asked to comment on any aspect of this information collection. All comments should include the Docket number FHWA–2022–0029. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Essenmacher, (202) 366–780– 6178, Department of Transportation, Federal Highway Administration, Office of Operations, Office of Transportation Management (HOTM–1), 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 7 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: Innovative Finance and Equal Access for Over the Road Busses. Abstract for Innovative Finance: The Federal Highway Administration (FHWA), Office of Operations and Office of the Chief Financial Officer, jointly collects information related to State Infrastructure Banks (SIB), Grant Anticipation Revenue Vehicles, and Toll Credits. This information is published on FHWA’s public websites to monitor activity in each innovative finance program. This information satisfies the requirement under 23 U.S.C. 610(g)(7) for each SIB to make an annual report to the Secretary on its status no later than September 30 of each year and such other reports as the SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Secretary may require. The data will also satisfy new requirements under section 11503 of the Infrastructure Investment and Jobs Act (IIJA), Public Law 117–58, effective November 15, 2021, requiring the Secretary to make available a publicly accessible website on which States shall post the amount of toll credits that are available for sale or transfer. The data includes activity, volume, and balances. The data is published annually on the Center for Innovative Finance’s website. Information from this collection is used for the proper stewardship and oversight of each program, as well as compliance with each program’s Federal statute. Abstract for Equal Access for Over the Road Busses: Section 11523 of the recently enacted Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act, Public Law 117–58 (Nov. 15, 2021) amended 23 U.S.C. 129 to add reporting requirements to the equal access provisions for over the road busses. Specifically, not later than 90 days after the date of enactment of the BIL, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-theroad buses. Further, a public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. Respondents: State governments of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianas, and the Virgin Islands share this burden. Estimated Average Burden per Response: The estimated average reporting burden per response for the annual collection and processing of the data is 149 hours for each of the States (including local governments), the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianas, and the Virgin Islands. Estimated Total Annual Burden: The estimated total annual burden for all respondents is 8,195 hours. Public Comments Invited You are asked to comment on any aspect of these information collections, including: (1) Whether the proposed E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65282-65284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23619]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0862]


COVID-19 Related Relief Concerning Operations at Chicago O'Hare 
International Airport, John F. Kennedy International Airport, Los 
Angeles International Airport, Newark Liberty International Airport, 
New York LaGuardia Airport, Ronald Reagan Washington National Airport, 
and San Francisco International Airport for the Winter 2022/2023 
Scheduling Season

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

ACTION: Expiration of the limited, conditional waiver of the minimum 
slot usage requirements.

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SUMMARY: The FAA's current COVID-19 related relief policy for U.S. 
slot-controlled and Level 2 airports will expire on October 29, 2022. 
This notice confirms resumption of the minimum slot usage requirements 
for Operating Authorizations (slots) at Ronald Reagan Washington 
National Airport (DCA), John F. Kennedy International Airport (JFK) and 
LaGuardia Airport (LGA) for the Winter 2022/2023 scheduling season 
beginning October 30, 2022. This notice announces a similar resumption 
of standard FAA processes at designated International Air Transport 
Association (IATA) Level 2 airports in the United States (U.S.) to 
provide priority consideration for runway timings that are scheduled 
and operated as approved for purposes of establishing a carrier's 
operational baseline in the next corresponding season. These IATA Level 
2 airports include Chicago O'Hare International Airport (ORD), Los 
Angeles International Airport (LAX), Newark Liberty International 
Airport (EWR), and San Francisco International Airport (SFO). The FAA 
recognizes the importance of reciprocity in connection with usage 
alleviation policies with regard to COVID-19-related capacity and 
frequency restrictions at foreign airports and will consider justified 
requests by U.S. and foreign air carriers for usage waivers based on 
reciprocity and other related circumstances.

DATES: This action is effective on October 28, 2022.

FOR FURTHER INFORMATION CONTACT: Al Meilus, Slot Administration and 
Capacity Analysis, AJR-G5, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone number 202-267-
2822; email [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 
effects of the COVID-19 pandemic.\3\ Since the initial slot usage 
waiver and related relief was provided, the FAA has taken action to 
extend relief on five occasions, subject to certain substantive 
changes, such as narrowing the scope of relief and adding conditions, 
as the effects of the COVID-19 pandemic evolved.\4\ The most recent 
limited, conditional extension of COVID-19-related relief was issued by 
the FAA on March 29, 2022, and expires on October 29, 2022.\5\
---------------------------------------------------------------------------

    \1\ The FAA has authority for developing ``plans and policy for 
the use of the navigable airspace'' and for assigning ``by 
regulation or order the use of the airspace necessary to ensure the 
safety of aircraft and the efficient use of airspace.'' 49 U.S.C. 
40103(b)(1). The FAA manages slot usage requirements under the 
authority of 14 CFR 93.227 at DCA and under the authority of Orders 
at JFK and LGA. See Operating Limitations at John F. Kennedy 
International Airport, 85 FR 58258 (Sep. 18, 2020); Operating 
Limitations at New York LaGuardia Airport, 85 FR 58255 (Sep. 18, 
2020).
    \2\ Although DCA and LGA are not designated as IATA Level 3 
slot-controlled airports given that these airports primarily serve 
domestic destinations, the FAA limits operations at these airports 
via rules at DCA and an Order at LGA that are equivalent to IATA 
Level 3. See FN 1. The FAA reiterates that the relief provided in 
the March 16, 2020, notice (85 FR 15018); the April 17, 2020, notice 
(85 FR 21500); the October 7, 2020, notice (85 FR 63335); the 
January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA-
2020-0862-0302); and, the October 20, 2021, notice (86 FR 58134), 
extends to all allocated slots, including slots allocated by 
exemption.
    \3\ Orders Limiting Operations at John F. Kennedy International 
Airport and New York LaGuardia Airport; High Density Traffic 
Airports Rule at Ronald Reagan Washington National Airport, 85 FR 
15018 (Mar. 16, 2020).
    \4\ Orders Limiting Operations at John F. Kennedy International 
Airport and New York LaGuardia Airport; High Density Traffic 
Airports Rule at Ronald Reagan Washington National Airport, 85 FR 
21500 (Apr. 17, 2020); COVID-19 Related Relief Concerning Operations 
at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Winter 2020/2021 Scheduling Season, 85 FR 63335 
(Oct. 7, 2020); FAA Policy Statement: Limited, Conditional Extension 
of COVID-19 Related Relief for the Summer 2021 Scheduling Season 
(Docket No. FAA-2020-0862-0302); COVID-19 Related Relief Concerning 
Operations at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Winter 2021/2022 Scheduling Season, 86 FR 58134 
(Oct. 20, 2021); and COVID-19 Related Relief Concerning Operations 
at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 
2022).
    \5\ COVID-19 Related Relief Concerning Operations at Chicago 
O'Hare International Airport, John F. Kennedy International Airport, 
Los Angeles International Airport, Newark Liberty International 
Airport, New York LaGuardia Airport, Ronald Reagan Washington 
National Airport, and San Francisco International Airport for the 
Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 2022).
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Standard Applicable to This Waiver Proceeding

    The FAA reiterates the standards applicable to petitions for 
waivers of the minimum slot usage requirements in effect at DCA, JFK, 
and LGA, as discussed in FAA's initial decision granting relief due to 
COVID-19 impacts.\6\ At JFK and LGA, each slot must be used at least 80 
percent of the time.\7\ Slots not meeting the minimum usage 
requirements will be withdrawn. The FAA may waive the 80 percent usage 
requirement in the event of a highly unusual and unpredictable 
condition that is beyond the control of the slot-holding air carrier 
and which affects carrier operations for a period of five consecutive 
days or more.\8\
---------------------------------------------------------------------------

    \6\ See Orders Limiting Operations at John F. Kennedy 
International Airport and New York LaGuardia Airport; High Density 
Traffic Airports Rule at Ronald Reagan Washington National Airport, 
85 FR 15018 (Mar. 16, 2020).
    \7\ Operating Limitations at John F. Kennedy International 
Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations 
at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020).
    \8\ At JFK, historical rights to operating authorizations and 
withdrawal of those rights due to insufficient usage will be 
determined on a seasonal basis and in accordance with the schedule 
approved by the FAA prior to the commencement of the applicable 
season. See JFK Order, 85 FR at 58260. At LGA, any operating 
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at 
58257.
---------------------------------------------------------------------------

    At DCA, any slot not used at least 80 percent of the time over a 
two-month period also will be recalled by the FAA.\9\ The FAA may waive 
this minimum usage requirement in the event of a highly unusual and

[[Page 65283]]

unpredictable condition that is beyond the control of the slot-holding 
carrier and which exists for a period of nine or more days.\10\
---------------------------------------------------------------------------

    \9\ See 14 CFR 93.227(a).
    \10\ 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 Submitted

    Airlines for America (A4A) and the IATA, on behalf of their member 
airlines, filed a petition with the FAA on August 25, 2022, to extend 
the FAA's current waiver policy for international operations through 
the Winter 2022/2023 scheduling season from October 30, 2022, through 
March 25, 2023. A4A and IATA indicate the industry faces ``considerable 
challenges as it attempts to ramp up operations to meet pre-COVID level 
air travel demands. Shortfalls in resourcing and staffing at airports, 
security and immigration, air traffic control and at some airlines are 
well documented across the globe.'' A4A and IATA cite ``a number of 
major airports declaring lower levels of capacity, which has a negative 
impact on individual airline's ability to restore historic 
operations.'' In addition, A4A and IATA state that ``the COVID-19 
pandemic continues to impact airline, air traffic control and airport 
operations, especially at the international level.'' In support of this 
claim, A4A and IATA provide that ``infection rates have been increasing 
globally as variants cycle through phases of dominance and some 
countries continue to maintain COVID-19 policies impacting aviation, 
particularly in the Asia-Pacific and Middle East-Africa regions. United 
States-Asia traffic remains down 65% in some key Asian markets and down 
90% from Hong Kong and China compared to 2019 levels.'' Further, A4A 
and IATA note the aviation impacts resulting from the Russian invasion 
of Ukraine, inflation and economic downturn, and concerns about some 
airports' ability to provide sufficient capacity and resources to 
support a return to 80% slot use rate. Finally, A4A and IATA express 
concern that without continued relief ``U.S. carriers will not be 
granted reciprocal relief from other leading countries and non-U.S. 
carriers are prevented from a sustainable recovery of their U.S. 
network.''

Analysis

    Waivers are reserved for highly unusual and unpredictable 
conditions beyond the control of carriers. The concerns identified in 
the petitions, such as general economic conditions, reduced demand, 
operating costs, inability to recruit or retain staff or similar 
factors are not highly unusual and unpredictable conditions that 
justify broad proactive relief from minimum slot usage rules. Access to 
slot-controlled airports is limited; slots are scarce resources and use 
of those scarce resources should be prioritized by the slot holder. It 
is the policy of the Department of Transportation (DOT) to encourage 
high utilization of scarce public infrastructure. Further, it is not 
the policy of DOT to use slot and Level 2 rules to reserve capacity for 
historic incumbent carriers until demand returns to predetermined 
levels. The FAA has extended COVID-19 related relief five times since 
first providing relief in March of 2020. As FAA and DOT have previously 
stated, at some point in time, continuing waivers to preserve pre-COVID 
slot holdings may impede the ability of airports and airlines to 
provide services that benefit the overall national economy and make 
appropriate use of scarce public assets.\11\ Initial COVID-19 related 
relief was provided for all operations at the slot controlled and Level 
2 airports and has been scaled back as improvements to the public 
health emergency supported increased demand in domestic markets and a 
resumption of international demand in most markets. To date, based on 
carrier scheduling data some carriers have even started new services 
and entered new markets not served previously to meet demand for travel 
during the initial recovery phases.
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    \11\ See 85 FR 63345.
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    In addition, COVID-19 travel restrictions in the United States and 
many other countries have decreased significantly over the course of 
the Summer 2022 scheduling season; however, the FAA acknowledges that 
demand in some international markets is constrained due to continuing 
COVID-19 related restrictions that impact international operations in 
certain countries or regions. These COVID-19 related restrictions may 
include flight frequency or flight capacity limitations, crew treatment 
protocols that do not allow crews to safely rest in certain 
jurisdictions, and other restrictions that impede the ability of 
carriers to operate flights that they would otherwise intend to 
operate. These remaining COVID-19 related restrictions in certain 
foreign jurisdictions for which usage relief might be appropriate, do 
not, however, support a broad waiver of the minimum slot usage rules 
for all international operations or for carriers that may not operate 
for other reasons.
    Therefore, the FAA denies the petition by A4A and IATA for an 
extension of the Summer 2022 alleviation polices to the Winter 2022/
2023 scheduling season as the requested relief is overly broad and 
justified relief for slot holders can be addressed through other more 
narrowly tailored means. The FAA slot usage waiver standards are 
sufficient to provide targeted relief for U.S. or foreign air carriers 
that are affected by the remaining COVID-19-related restrictions 
imposed in foreign jurisdictions. The FAA recognizes that relief may be 
appropriate in consideration of reciprocal treatment of air carriers 
and foreign air carriers with various alleviation policies at foreign 
airports related to restrictions and recovery from COVID-19 impacts. 
The FAA intends to work closely with the Office of the Secretary of 
Transportation (OST) in reviewing requests for relief based on foreign 
government restrictions or reciprocity. To the extent that U.S. 
carriers operate to jurisdictions that do not offer reciprocal relief 
to U.S. carriers, the FAA may determine not to grant a waiver to 
carriers of that jurisdiction.
    The aviation industry is not unique in its challenges as other 
industries also face issues with employee resources, illnesses, and 
onboarding and training as we emerge from the pandemic's effects. The 
air transportation industry, however, has a unique role that supports 
the movement of passengers and cargo. Carriers need to recognize the 
operating environment, constraints, and opportunities and plan 
operations and slot use accordingly. The FAA recognizes the significant 
impact slot usage waiver policies have on airports, consumers, and 
aviation industry partners; the FAA and OST are acutely interested in 
seeing the return to full utilization of valuable and limited public 
resources in the Winter 2022/2023 scheduling season.
    The FAA reminds operators that the slot rules treat slots as being 
used for several of the days around certain holiday periods in the U.S. 
Specifically, in the Winter 2022/2023 scheduling season, this includes 
Thanksgiving Day

[[Page 65284]]

and the day after (November 24 and 25, 2022) and from Saturday, 
December 24, 2022, through January 7, 2023. These periods effectively 
are automatically waived and treated as operated for usage purposes and 
may assist carriers in planning schedules and usage rates.

Decision

    The FAA's current, limited COVID-19 related relief policies for 
international flights at the slot-controlled and Level 2 airports 
during the Summer 2022 scheduling season will expire as planned on 
October 29, 2022.\12\ The FAA will rely on existing standards \13\ to 
determine whether relief from usage rules and procedures is warranted 
on an individual carrier basis.
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    \12\ COVID-19 Related Relief Concerning Operations at Chicago 
O'Hare International Airport, John F. Kennedy International Airport, 
Los Angeles International Airport, Newark Liberty International 
Airport, New York LaGuardia Airport, Ronald Reagan Washington 
National Airport, and San Francisco International Airport for the 
Summer 2022 Scheduling Season, 87 FR 18057, (Mar. 29, 2022).
    \13\ Operating Limitations at John F. Kennedy International 
Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations 
at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020); 
14 CFR 93.227(j).
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    The FAA anticipates there will be a limited number of carrier 
requests for relief in Winter 2022/2023 based on foreign government-
imposed travel restrictions or highly restrictive temporary limitations 
on flights. The FAA will work closely with OST on any such requests to 
determine appropriate action based on the circumstances and factors 
such as reciprocal treatment for U.S. carriers.
    Carriers requesting relief from minimum usage requirements or 
similar relief for runway timings at the FAA-designated Level 2 
airports should submit a petition to the FAA Slot Administration Office 
at [email protected].

    Issued in Washington, DC, on October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
Marc A. Nichols,
Chief Counsel.
[FR Doc. 2022-23619 Filed 10-26-22; 4:15 pm]
BILLING CODE 4910-13-P
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