[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57288-57292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20434]
-----------------------------------------------------------------------
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 2020/2021
Scheduling Season
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed extension of limited waiver of the minimum
slot usage requirement.
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to extend through March 27, 2021, the
coronavirus disease 2019 (COVID-19)-related limited waiver of the
minimum slot usage requirement at John F. Kennedy International Airport
(JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA has already made available through
October 24, 2020, with additional conditions as described below. The
FAA also proposes to extend, through December 31, 2020, its COVID-19-
related 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 initial months of the next corresponding season, also
with additional conditions as described below. These IATA Level 2
airports include Chicago O'Hare International Airport (ORD), Newark
Liberty International Airport (EWR), Los Angeles International Airport
(LAX), and San Francisco International Airport (SFO). This notice
affords interested persons an opportunity to submit comments and any
relevant information on the FAA's proposal. The FAA anticipates
subsequently providing notice of its final decision.
DATES: Submit comments on or before September 22, 2020.
ADDRESSES: Submit comments and supporting data email to the Slot
Administration Office at 7-awa-slotadmin@faa.gov.
FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
3808; email: bonnie.dragotto@faa.gov.
SUPPLEMENTARY INFORMATION:
Previous Waiver Relief Related to COVID-19
In a notice published in the Federal Register on March 16, 2020 (85
FR 15018), the FAA announced certain relief through May 31, 2020, in
light of impacts on air travel demand related to the outbreak of the
novel coronavirus disease 2019 (COVID-19). As announced in that notice,
through May 31, 2020, the FAA waived the minimum usage requirement as
to any slot associated with a scheduled nonstop flight between JFK,
LGA, or DCA, respectively, and another point that was canceled as a
direct result of COVID-19-related impacts.\1\ In addition, that notice
announced that the FAA would prioritize flights canceled due to COVID-
19 at designated IATA Level 2 airports in the United States--including
ORD, EWR, LAX, and SFO--through May 31, 2020, for purposes of
establishing a carrier's operational baseline in the next corresponding
season.\2\ In granting this relief, the FAA asserted its expectation
that foreign slot coordinators would accommodate U.S. carriers with
reciprocal relief. The FAA further stated that it would continue to
monitor the situation and might augment the waiver as circumstances
warrant.
---------------------------------------------------------------------------
\1\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, FAA limits operations at these airports via
rules at DCA and an Order at LGA that are equivalent to IATA Level
3. The FAA reiterates that the relief provided in the March 16,
2020, notice (85 FR 15018), the April 17, 2020, notice (85 FR
21500), and this proposal extends to all allocated slots, including
slots allocated by exemption.
\2\ The FAA notes that a minimum usage requirement does not
apply at designated IATA Level 2 airports in the United States.
Moreover, established procedures under the IATA Worldwide Slot
Guidelines (WSG) allow for the prioritization of such cancelations
in subsequent corresponding seasons consistent with the FAA's policy
statement.
---------------------------------------------------------------------------
Subsequently, following a notice of opportunity for interested
persons to show cause why the FAA should or should not extend the
relief provided due to continuing COVID-19-related impacts on demand
for air travel (85 FR 16989; Mar. 25, 2020), the FAA determined to
extend the relief through October 24, 2020 (85 FR 21500; Apr. 17,
2020). The FAA explained its intent to provide carriers with maximum
flexibility during this unprecedented situation and to support the
long-term viability of carrier operations at slot-
[[Page 57289]]
controlled and IATA Level 2 airports in the United States.\3\
---------------------------------------------------------------------------
\3\ The FAA is responsible to develop plans and policy for the
use of the navigable airspace and assign by regulation or order the
use of the airspace necessary to ensure the safety of aircraft and
the efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport (83
FR 46865; Sep. 17, 2018); Operating Limitations at New York
LaGuardia Airport (83 FR 47065; Sep. 18, 2018). The FAA has issued
extensions of the JFK and LGA Orders until October 29, 2022, which
are pending publication in the Federal Register.
---------------------------------------------------------------------------
Current COVID-19 Situation
Since the FAA's determination in April to extend relief through
October 24, 2020, COVID-19 has continued to cause disruption globally
and within the United States. The World Health Organization (WHO)
reports COVID-19 cases in more than 200 countries, areas, and
territories worldwide. For the week ending September 6, 2020, the WHO
reported over 1.8 million new COVID-19 cases and 37,000 new deaths,
bringing the cumulative total to nearly 27 million confirmed COVID-19
cases and 900,000 deaths.
International travel recommendations from the Centers for Disease
Control and Prevention (CDC) categorize nearly 200 countries, areas,
and territories worldwide under Level 3: COVID-19 Risk Is High.
Although the State Department's Global Health Advisory has been
downgraded from Level 4--Do Not Travel for certain destinations,
advisories ranging from Level 2--Exercise Increased Caution to Level
3--Reconsider Travel and up to Level 4 remain in effect for many parts
of the world due to continuing impacts of COVID-19. The Department of
State advises that challenges to any international travel at this time
may include mandatory quarantines, travel restrictions, and closed
borders. The Department of State notes further that foreign governments
may implement restrictions with little notice, even in destinations
that were previously low risk. Accordingly, the Department of State
warns Americans choosing to travel internationally that their trip may
be severely disrupted and it may be difficult to arrange travel back to
the United States.
Within the United States, the CDC reported 6,343,562 total cases
and 190,262 deaths from COVID-19 as of September 10, 2020, with 256,159
new cases in the prior seven days. A national emergency related to
COVID-19 remains in effect pursuant to the President's March 13, 2020
Proclamation. The CDC advises prospective domestic travelers to
consider whether their destination has requirements or restrictions for
travelers, and notes that State, local, and territorial governments may
have travel restrictions in place, including testing requirements,
stay-at-home orders, and quarantine requirements upon arrival.
Written Submissions From Stakeholders
Since the FAA's determination in April to extend relief through
October 24, 2020, the FAA has received numerous written submissions
from stakeholders reflecting competing interests and views with respect
to further continuation of the relief currently in effect at U.S. slot-
controlled and designated IATA Level 2 airports.\4\ IATA, Airlines for
America (A4A), and multiple U.S. carriers, including American Airlines,
Inc., Delta Air Lines, Inc., JetBlue Airways Corporation, and United
Airlines, Inc., as well as a coalition of airlines worldwide and the
African Airlines Association (AFRAA), have urged the FAA to extend
relief through the Winter 2020/2021 scheduling season, which ends on
March 27, 2021. By contrast, others including Airports Council
International-North America (ACI-NA), the National Air Carrier
Association (NACA), Spirit Airlines, Inc., Allegiant Air, LLC, and
Travelers United have urged the FAA to deny requests for additional
waivers altogether or impose further limitations. Southwest Airlines
Co. proposes a middle ground approach--one additional limited extension
of the relief previously provided, with a clear cutoff date--as a
possible means of balancing competing stakeholder interests.
---------------------------------------------------------------------------
\4\ Copies of submissions to the DOT and FAA discussed herein
concerning the continuation of COVID-related relief at U.S. slot-
controlled and designated IATA Level 2 airports, except submissions
marked as containing information deemed privileged and confidential,
have been placed in the docket associated with this notice.
---------------------------------------------------------------------------
Submissions Favoring Relief for the Full Winter 2020/2021 Season
In a letter dated June 30, 2020, IATA and A4A urged the FAA to
extend the relief already provided at slot-controlled airports and IATA
Level 2 airports in the United States for the full Winter 2020/2021
season. They noted an anticipated $84.3 billion loss for airlines
globally in 2020, and asserted that a full recovery to pre-COVID-19
demand is not expected for at least three years. In support of the
requested relief, IATA and A4A pointed to: Historically low levels of
bookings, with overall bookings down 82% year-on-year for 2020 compared
to the outlook for 2019; consumer demand that continues to fall;
challenges associated with using established scheduling practices under
current conditions; and the need for schedule flexibility to support
sustainable loads. IATA and A4A stated that they expect to continue to
see big drops in advance bookings and many last minute bookings (and
cancellations) unless and until there is a clear path towards a vaccine
and/or treatment for COVID-19 and governments lift existing travel bans
and health requirements. Moreover, IATA and A4A asserted that airport
capacity is under pressure due to biosecurity measures, leading to
reduced capacity and increased connection times. IATA and A4A expect
that the requested waiver would provide the flexibility needed for
airlines to manage operations in this environment.
In addition, IATA shared with the FAA a position paper concerning a
Northern Winter 2020 Slot Waiver. That paper recognizes ``the needs of
all stakeholders affected by a slot waiver and the desire to ensure a
swift recovery is supported and not hindered.'' In this paper, IATA
expresses agreement to the following principles:
Suspension of the Use-it or Lose-it rule should apply for
all Level 3 slot coordinated airports globally, ensuring no airline or
airport is treated differently.
Level 2 facilitators should prioritize flights cancelled,
or otherwise not operated as originally intended, for purposes of
establishing a carrier's operational baseline in the next corresponding
season.
The waiver should not apply to slots newly allocated from
the pool for the Winter 2020/2021 season.
The waiver should not apply to slots that are held by an
airline exiting the airport permanently, beginning in the Winter 2020/
2021 period, with no intention to return and no utilization of those
slots in the Winter 2020/2021 period in keeping with WASG 8.14. This
does not prevent slot transfers and operator utilization where local
regulation and legislation allows.
The waiver should require airlines to hand back slots not
intended for utilization as soon as possible, but at the latest two
weeks prior to planned operation in order to receive alleviation.
Airlines should not hold on to slots they will not utilize but return
them to the coordinator at the earliest opportunity for reallocation in
keeping with WASG 8.5.2.
Consideration for alleviation should be given to slots
that are returned less than two weeks before operation in the event
that government advice prevents a planned flight from operating (for
[[Page 57290]]
example, closure of borders or government advice to prevent all but
essential travel).\5\
---------------------------------------------------------------------------
\5\ The FAA notes that the proposal submitted by IATA and A4A
references provisions of the new Worldwide Airport Slot Guidelines
(WASG) Edition 1, effective June 1, 2020; however, the FAA
reiterates that it continues to apply WSG Edition 9 in the United
States to the extent there is no conflict with local rules. However,
the provisions cited by IATA and A4A were included in WSG Edition 9.
---------------------------------------------------------------------------
Moreover, A4A submitted an additional petition, by letter dated
September 2, 2020, reiterating its request for an extension of the
relief already provided at slot-controlled airports and IATA Level 2
airports in the United States for the full Winter 2020/2021 season.
American Airlines requested an extension of the Summer 2020 full
season slot usage waiver for the full Winter 2020/2021 IATA slot
season, by letter dated June 15, 2020. American asserted that the
waiver would provide flexibility that supports airlines as the demand
environment recovers slowly. American stated that this flexibility
allows airlines to create flight schedules based on rapidly evolving
consumer demand rather than on slot usage requirements.
In a letter dated July 6, 2020, Delta stated that COVID-19 is a
highly unusual and unpredictable event that will impact Delta
operations for the foreseeable future, and asserted that U.S. carriers
need flexibility from slot usage requirements as the impact of COVID-19
continues to severely impact air travel. Absent the continuation of
relief from the minimum slot usage requirements and relief provided at
IATA Level 2 airports, Delta indicated that critical improvements,
including service expansion to numerous new destinations from JFK and
LGA in recent years, as well as capital investments at JFK and LGA for
expansion and redevelopment, would be at risk. Delta noted that for
November 2020, it projected operating 50%-60% of its slot portfolio in
New York and Washington, DC airports, and that travel year over year
across the Delta network was down 85%.
Leaders of twenty-nine airlines around the world, including United
Airlines from the United States, sent a letter addressed to responsible
slot authorities dated July 14, 2020, requesting a waiver from the
minimum slot usage requirements during the Winter 2020/2021 season. The
letter asserts that this waiver is ``critical to . . . manage through
this crisis, recover, and provide the significant consumer, community,
competitive, employment, and economic benefits synonymous with
aviation'' and will ``help stabilize a very tenuous operational and
commercial environment.'' This coalition further asserted that
``[a]irlines should not have to fly empty planes in order to hold their
historical slot rights--it is inefficient and irresponsible.'' In its
cover letter to the coalition's submission, United Airlines emphasizes
that COVID-19 continues to cause an unprecedented crisis as ``cases are
rising around the globe and the industry is nowhere near beginning a
durable, economic recovery.''
The AFRAA submitted a letter to the FAA dated August 31, 2020,
stating that COVID-19 affected air transport adversely, estimating a
loss of about $8.8 billion for African airlines by the end of 2020, and
noting that professionals forecast that 2019 activity levels may not
return until 2023. AFRAA requests relief until 2022 at JFK, EWR, and
ORD on behalf of its members.
In a letter dated September 4, 2020, JetBlue requested a waiver for
the Winter 2020/2021 season at JFK, LGA, and DCA, as well as
corresponding relief at EWR, on the basis that the ``airline industry
continues to suffer from the devastating impact of the COVID-19 global
pandemic'' and that ``[d]omestic traffic remains down between 70 and 80
percent.'' The letter states that a waiver would ``allow JetBlue to
only fly flights commensurate with demand'' and ultimately resume full
slot utilization as soon as practical.
Submissions Disfavoring Relief for the Full Winter 2020/2021 Season
By letter dated July 9, 2020, ACI-NA expressed opposition to any
additional ``blanket, long-term waiver,'' which ACI-NA asserted would
``encourag[e] the underutilization of valuable public resources,'' be
contrary to the public interest, and negatively impact the economic
viability of airports and the communities they serve. Cautioning that
it would be premature to consider a waiver for the Winter 2020/2021
season prior to August 31, 2020, ACI-NA stated that ``[a]lthough it is
very difficult to determine the impact, duration and recovery of the
pandemic, [ACI-NA] is seeing evidence of a steady recovery in passenger
throughput at [all U.S. slot-controlled and designated IATA Level 2
airports], which is expected to continue in the future.'' ACI-NA
contended that a blanket waiver will effectively block carriers that
are able to provide service from providing price and service
competition the public is willing and able to consume, and noted
difficulty reconciling public statements of large carriers
acknowledging the need to drastically reduce service while also seeking
to ``retain access privileges to the most lucrative and constrained
facilities.'' ACI-NA expressed concern that further waiver relief could
impair the industry's ability to react to the changed environment
brought on by COVID-19. ACI-NA further advocated that, to the degree
that slot waivers may be necessary for the Winter 2020/2021 season,
``such relief should only be granted, if at all, closer to the affected
season, when the justification can be properly assessed, and only to
the extent that these measures are temporary and targeted, matched to
the parameters of the crisis and based on evidence related to the
specific markets at the particular times.''
By letter dated July 15, 2020, Spirit Airlines expressed opposition
to an extension of the previously granted slot usage waiver and relief
announced at IATA Level 2 airports in the United States. Spirit
predicted that ``legacy incumbent carriers'' will continue to seek
further extensions of the waiver in future seasons, as they have
publicly acknowledged that a full recovery to pre-COVID demand is not
expected for at least three years. Agreeing, in part, with ACI-NA's
submission, Spirit further asserted that an extension of the waiver
``would have a pernicious effect on both the short and long-term
realignment of the industry following the pandemic and is contrary to
the public interest'' and therefore ``public policy should be directed
toward enabling the free market to reallocate the use of these slots/
authorizations--a public resource--such that passengers receive greater
choice among offerings in these key markets.''
In a July 20, 2020, letter, Allegiant Air, through counsel,
expressed support for the views expressed by both ACI-NA and Spirit.
Opposing an extension of the existing relief provided and stressing the
``primacy of the public interest over slot holders' interests,''
Allegiant argued that ``the existence of a public health crisis does
not justify hoarding of public assets . . . by any carrier when others
are prepared to utilize at least some of those assets, benefitting the
public.''
In a submission on July 21, 2020, NACA, which represents 17 air
carriers that operate under 14 CFR part 121, likewise expressed
opposition to an extension of the previously granted slot usage waiver
at U.S. slot-controlled airports and relief at IATA Level 2 airports in
the United States through the full Winter 2020/2021 season. NACA
expressed support for the individual letters submitted by NACA members
Spirit and Allegiant, as well as the views expressed by ACI-NA. NACA
[[Page 57291]]
asserted that ``[p]ermitting legacy carriers to reduce operations for
at least another six months would effectively allow them to control
capacity and raise fares at a critical time when the traveling public
needs lower fares.''
In a letter dated August 21, 2020, Travelers United (formerly
Consumer Travel Alliance) objected to an extension of slot usage
waivers at DCA, LGA, and JFK, arguing that further relief ``will thwart
the free competitive market's operation.'' Travelers United stated that
since late March of 2020, incumbent slot holders at DCA, LGA, and JFK
have reduced their overall flight operations by approximately 60% to
70% versus a year ago. According to Travelers United, whereas ``it will
be years before the legacy airlines can resume the service levels
present in 2019,'' some low cost carriers and ultra-low cost carriers
``are ready and willing to provide new service at slot-controlled
airports if allowed to do so.'' Travelers United asserted that ``[t]he
free market should be allowed to reallocate the use of these slots,
which are actually owned by the public, to airlines that are willing to
provide service for the public.''
Southwest Airlines advocated a ``middle ground approach'' to
balance competing stakeholder interests, in a letter dated August 17,
2020. Southwest expressed support for one final extension of the relief
already provided, through December 31, 2020, ``to provide airlines with
planning certainty for the rest of the year.'' Southwest stated that
``granting usage waivers that would allow slot holders to retain all
their slots season after season without providing flights for consumers
is not in the public interest.'' Accordingly, Southwest urged that as
part of the suggested final extension, the FAA should ``make clear no
additional blanket or individual carrier slot usage waivers will be
granted'' in connection with COVID-19.
Discussion of Proposed Relief for Slot Holders at U.S. Slot-Controlled
Airports (DCA/JFK/LGA)
At the present time, COVID-19 continues to present a highly unusual
and unpredictable condition that is beyond the control of carriers.
Passenger demand has decreased dramatically as a result of COVID-19
even as there are some signs of limited recovery in some markets and
restructuring of airline operations. The ultimate duration and severity
of COVID-19 impacts on passenger demand in the United States and
internationally remain unclear. Even after COVID-19 is contained,
impacts on passenger demand are likely to continue for some time. The
FAA acknowledges the need for slot holders to have some flexibility in
decision-making as the severe impacts of the COVID-19 public health
crisis continue. However, the Office of the Secretary of Transportation
(OST) and the FAA note that what starts as a highly unusual and
unpredictable condition may eventually become foreseeable. Indeed, many
airlines may well be on their way to restructuring their operations in
response to a new, albeit volatile, environment. As asserted in some
stakeholder submissions recounted above, there may come a point in time
in which ongoing waivers to preserve pre-COVID slot holdings could
impede the ability of airports and airlines to provide services that
may benefit the economy. The FAA acknowledges the interests of carriers
with limited or no access to constrained airports in the United States
and the interests of airports in serving their local community and
rebounding from this crisis. Further, the FAA agrees that any
additional relief from the minimum slot usage requirements at U.S.
slot-controlled airports should be narrowly tailored to afford
increased access to carriers that are willing and able to operate at
these airports, even if on an ad hoc basis until such time as slots
revert to the FAA for reallocation under the governing rules and
regulations at each slot-controlled airport.
The FAA therefore proposes to make available to slot holders at
DCA, JFK, and LGA a waiver from the minimum slot usage requirements due
to continuing COVID-19 impacts through March 27, 2021, subject to each
of the following proposed conditions:
(1) All slots not intended to be operated would be required to
be returned at least on a monthly basis 4 weeks prior to the start
of the month (for example, by November 1, carriers must hand back
all December slots not intended to be operated due to COVID-19) to
allow other carriers an opportunity to operate these slots on an ad
hoc basis without historic precedence; \6\
---------------------------------------------------------------------------
\6\ Under this proposal, carriers will provide a minimum of 4
weeks' notice, and notifications will occur on a monthly basis, by
the first of the month. Two additional examples to illustrate the
condition include: (1) If a carrier wishes to cancel its entire
December schedule, it must provide notification by November 1; (2)
if a carrier wishes to cancel its schedules from December 16-20, it
must also provide notice by November 1. Note that the usual process
for treating slots as used for the Thanksgiving and Winter holiday
periods provided by 14 CFR 93.227(l) of the High Density Rule and
the JFK and LGA orders will still apply and will not be superseded
by this proposal.
---------------------------------------------------------------------------
(2) The waiver would not be made available for net newly-
allocated slots eligible for historical precedence, based on
allocation decisions made prior to the start of the Winter 2020/2021
scheduling season; and
(3) The waiver would not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) after [DATE
14 DAYS AFTER PUBLICATION OF FINAL DECISION IN THE FEDERAL REGISTER]
for the duration of the transfer. Slots granted historic precedence
for subsequent seasons based on this proposed relief would not be
eligible for transfer if the slot holder ceases all operations at
the airport.\7\
---------------------------------------------------------------------------
\7\ The FAA notes that this provision is not intended to apply
to continuing long-term transfers that are already part of the
operating environment.
The FAA would apply each of these conditions in considering whether
a slot-holding carrier has justification for a waiver based on the non-
use of a slot due to COVID-19 impacts. However, the FAA in coordination
with OST, will consider granting exceptions from any or all of these
conditions if a government's action (i.e., travel restriction) directly
prevents the operation of a flight on a particular route that a carrier
otherwise intended to operate. This exception would apply under
extraordinary circumstances only in which a carrier is able to
demonstrate an inability to operate a particular flight or comply with
the conditions of the proposed waiver due to a governmental
restriction. Carriers would be expected to provide documentation
demonstrating that the carrier made all efforts to operate a flight and
that it was unable to determine with reasonable advance notice whether
it could do so.
This proposal reflects a delicate balancing of the competing
interests of carriers interested in conducting ad hoc operations
(including carriers not already operating at the airport) against the
interests of incumbent carriers seeking maximum flexibility in making
scheduling and operational decisions in an uncertain environment with
ongoing COVID-19-related impacts. Further, this proposal reflects a
compromise position as between interests of airports, incumbent
carriers, and carriers seeking new or increased access with respect to
the timeline specified for handback, which is 4-8 weeks before the date
the operation would have been conducted.
The FAA believes this approach is appropriate to provide carriers
with flexibility during this unprecedented situation and to support the
long-term viability of carrier operations at slot-controlled airports
while also supporting economic recovery. This proposal balances the
interests of carriers that are willing and able to resume operations
more quickly, and reduces the potential for a long-term waiver to
suppress flight operations for which demand exists. The FAA believes
this proposal is largely consistent with many of the principles voiced
by IATA in its advocacy for a full season Winter
[[Page 57292]]
2020/2021 waiver. Continuing relief for this additional period subject
to the proposed conditions is reasonable to balance the interests of
all stakeholders to the greatest extent possible under established slot
management rules and regulations in the United States. While the FAA is
proposing continued, albeit conditional, relief through the Winter
2020/2021 season, carriers should not assume that further relief on the
basis of COVID-19 will be forthcoming beyond the end of the Winter
2020/2021 scheduling season.
If the FAA extends relief at slot-controlled airports to March 27,
2021, the FAA expects that foreign slot coordinators will provide
reciprocal relief to U.S. carriers. To date, many coordinators have
indicated that they will similarly provide additional relief on a
conditional basis. To the extent that U.S. carriers fly to a foreign
carrier's home jurisdiction and that home jurisdiction does not offer
reciprocal relief to U.S. carriers, the FAA may determine not to grant
a waiver to that foreign carrier. A foreign carrier seeking a waiver
may wish to ensure that the responsible authority of the foreign
carrier's home jurisdiction submits a statement by email to
ScheduleFiling@dot.gov confirming reciprocal treatment of the slot
holdings of U.S. carriers.
Discussion of Proposed Relief for Operators at U.S. Designated IATA
Level 2 Airports (EWR/LAX/ORD/SFO)
The FAA also proposes to extend through December 31, 2020, with
conditions, its COVID-19-related policy for prioritizing flights
canceled at designated IATA Level 2 airports in the United States, for
purposes of establishing a carrier's operational baseline in that
portion of the next corresponding season. The FAA recognizes that some
carriers may still be considering schedule plans and assessing demand.
An extension of relief through the end of the calendar year would
provide time for carriers at IATA Level 2 airports to make schedule
decisions, market flights, and plan for aircraft utilization, crew, and
facilities for the initial months of the Winter 2020/2021 scheduling
season before a return to the standard schedule review and facilitation
process.
The FAA has previously approved schedules by carriers for the
Winter 2020/2021 scheduling season and carriers could choose to operate
as approved, apply this proposed policy through December 31, 2020, or
submit new schedule proposals for the season. The application of this
policy would be contingent on carriers notifying the FAA of any
previously approved Winter 2020/2021 schedules no longer intended to be
operated, at least on a monthly basis, four weeks prior to the start of
the month (for example, by November 1, carriers must notify the FAA of
all approved schedules not intended to be operated in December due to
COVID-19), in order to make these times available for use on an ad hoc
basis by other carriers. Consistent with the proposal for Level 3
airports, the FAA proposes to consider, in coordination with OST,
allowing exceptions to this condition at Level 2 airports under
extraordinary circumstances if a government's action (i.e., travel
restrictions) directly prevents the operation of a flight on a
particular route that the carrier would otherwise intend to operate.
The more limited relief proposed at Level 2 airports as compared to
slot-controlled airports reflects that the IATA Level 2 construct
differs from the rules and process in place at slot-controlled airports
in the United States and at airports globally under the WSG and WASG.
The concepts of historic rights, series of slots, or minimum usage
requirements do not exist under the Level 2 construct. The voluntary,
cooperative nature of Level 2 schedule facilitation is less amenable to
a policy that provides priority for flights that are not operated for
extended periods of time while potentially denying access to carriers
that seek to add service.
Under this proposal, a carrier could receive priority for flights
only through December 31, 2020, that were approved but are not operated
due to COVID-19-related impacts. For flights after December 31, 2020,
priority would be based on approved schedules as operated for the
balance of the scheduling season. The FAA would also provide priority
consideration in Winter 2021/2022 for flights approved on an ad hoc
basis in Winter 2020/2021 if there is sufficient availability within
the scheduling limits.
Invitation for Comment
The FAA seeks views and information regarding this proposal.
Interested persons are invited to submit comments why the FAA should or
should not finalize this decision as proposed, and to submit any
information relevant to making this decision. Written views and
supporting data may be submitted no later than September 22, 2020, by
email to the Slot Administration Office at 7-awa-slotadmin@faa.gov.
Information submitted to the FAA may be subject to disclosure under the
Freedom of Information Act.
The FAA recognizes that commenters may seek to submit business
information that is both customarily and actually treated as
confidential. Confidential Business Information (CBI) is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this notice, it is
important that you clearly designate the submitted comments, or any
relevant portions thereof, as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under FOIA, and will not place confidential
content in the public docket for this notice. Any commentary that the
FAA receives that is not specifically designated as CBI will be placed
in the public docket for this notice. The FAA will take the necessary
steps to protect properly designated information to the extent
allowable by law.
After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.
Issued in Washington, DC, on September 11, 2020.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020-20434 Filed 9-11-20; 2:00 pm]
BILLING CODE 4910-13-P