[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83672-83675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28324]
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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 Summer 2021 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.
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SUMMARY: Due to ongoing coronavirus disease 2019 (COVID-19)-related
impacts on demand for air travel, the FAA seeks comment on providing
additional relief at slot-controlled and designated International Air
Transport Association (IATA) Level 2 airports in the United States with
regard to the Summer 2021 scheduling season ending on October 30, 2021.
Two options are presented for comment: Continuation of the existing
relief that the FAA has provided at these airports through March 27,
2021, on the same terms currently in effect; and a proposal by the
Worldwide Airport Slot Board (WASB), which includes representatives of
IATA, the Airports Council International-World (ACI World), and the
Worldwide Airport Coordinators Group (WWACG). The FAA invites comment
on these two different approaches for the Summer 2021 scheduling season
and anticipates subsequently providing notice of its final decision.
Commenters may also propose different or additional options for relief.
The FAA further invites comment on whether the proposal adopted by the
FAA should make relief available for the full duration of the Summer
2021 scheduling season, which ends on October 30, 2021.
DATES: Submit comments on or before December 29, 2020.
ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: (800) 647-5527, or (202) 366-9826. You must identify FAA
Docket Number FAA-2020-0862 at the beginning of your comments. You may
also submit comments through the internet at https://www.regulations.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:
Current Slot Usage and Related Relief Due to COVID-19
In a notice published in the Federal Register on October 7, 2020
(85 FR 63335),\1\ the FAA made available to slot holders at John F.
Kennedy International Airport (JFK), New York LaGuardia Airport (LGA),
and Ronald
[[Page 83673]]
Reagan Washington National Airport (DCA) a waiver from the minimum slot
usage requirements due to continuing COVID-19 impacts through March 27,
2021,\2\ subject to each of the following conditions:
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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), and the October 7, 2020, notice (85 FR 63335),
extends to all allocated slots, including slots allocated by
exemption. As proposed in this notice, either option would similarly
apply to all allocated slots, including slots allocated by
exemption.
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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.
(2) The waiver does not apply to slots newly allocated for initial
use during the Winter 2020/2021 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).
(3) The waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) after October
15, 2020, for the duration of the transfer. 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.
Additionally, an exception may be granted and the waiver therefore
applied, if a government's official action (e.g., travel prohibition or
other restriction due to COVID-19), prevents the operation of a flight
on a particular route that a carrier otherwise intended to operate.
This exception is being administered by the FAA in coordination with
the Office of the Secretary of Transportation (OST). This exception
applies 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 an official
governmental prohibition or restriction.
In addition, at designated IATA Level 2 U.S. airports--Chicago
O'Hare International Airport (ORD), Newark Liberty International
Airport (EWR), Los Angeles International Airport (LAX), and San
Francisco International Airport (SFO)--the FAA determined to extend
through March 27, 2021 its policy for prioritizing flights canceled due
to COVID-19 for purposes of establishing a carrier's operational
baseline in the next corresponding season, subject to the following
conditions:
(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 historic precedence.
(2) The priority for FAA schedules approved for Winter 2020/2021
does not apply to net-newly approved operations for initial use during
the Winter 2020/2021 season. New approved times would remain eligible
for priority consideration in Winter 2021/2022 if actually operated in
Winter 2020/2021 according to established processes.
Consistent with the policy for slot-controlled airports, limited
exceptions may be granted from either or both of these conditions at
Level 2 airports under extraordinary circumstances if a government's
official action (e.g., travel prohibition or other restriction due to
COVID-19), prevents the operation of a flight on a particular route
that a carrier otherwise intended to operate. This exception applies
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 an official governmental
prohibition or restriction. If the exception is determined not to
apply, carriers are expected to meet the conditions for relief or
operate consistent with standard expectations for the Level 2
environment. This limited, conditional relief remains available through
March 27, 2021.
Current COVID-19 Situation
Since the FAA's October 7, 2020 notice was published, 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
December 13, 2020, the WHO reported approximately 4.3 million new
COVID-19 cases and over 75,000 new deaths, bringing the cumulative
total to 70.5 million reported COVID-19 cases and 1.6 million deaths
globally since the start of the public health emergency.\3\
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\3\ COVID-19 weekly epidemiological update, December 15, 2020,
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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International travel advisories issued by the U.S. Department of
State's Global Health Advisory remain in effect worldwide, including
designations of either Level 3--Reconsider Travel or Level 4--Do Not
Travel for more than 175 destinations.\4\ The U.S. Department of State
advises that challenges to any international travel at this time may
include mandatory quarantines, travel restrictions, and closed borders.
The U.S. Department of State notes further that foreign governments may
implement restrictions with little notice, even in destinations that
were previously low risk.\5\ Accordingly, the U.S. Department of State
warns Americans choosing to travel internationally that their trip may
be disrupted severely and it may be difficult to arrange travel back to
the United States.\6\
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\4\ https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
\5\ https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html.
\6\ Id.
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Moreover, international travel recommendations from the Centers for
Disease Control and Prevention (CDC) categorize nearly 175 countries,
areas, and territories worldwide under Level 4--COVID-19 Risk Is Very
High.\7\ Within the United States, the CDC reported 16,756,581 total
cases and 306,427 deaths from COVID-19 as of December 17, 2020, with
1,485,010 new cases in the prior seven days.\8\ 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. A national emergency related to
COVID-19 remains in effect pursuant to the President's March 13, 2020
Proclamation.\9\
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\7\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html.
\8\ CDC COVID Data Tracker, updated October 2, 2020, available
at https://covid.cdc.gov/covid-data-tracker/?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases-updates%2Fcases-in-us.html#cases_casesinlast7days.
\9\ https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.
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[[Page 83674]]
On May 15, 2020, the President announced the establishment of
Operation Warp Speed (OWS), a national program to accelerate the
development, manufacturing, and distribution of COVID-19 vaccines,
therapeutics, and diagnostics.\10\ On December 11, 2020, the Food and
Drug Administration (FDA) granted an emergency use authorization for a
COVID-19 vaccine and phased distribution of that vaccine is now
underway in the United States; FDA also is nearing potential
authorization of a second vaccine.\11\ Vaccine distribution also has
begun on a limited basis elsewhere in the world.
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\10\ https://www.hhs.gov/about/news/2020/05/15/trump-administration-announces-framework-and-leadership-for-operation-warp-speed.html.
\11\ https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
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Standard Applicable to This Waiver Proceeding
The FAA reiterates the standards applicable to petitions for
waivers of the minimum slot usage requirements in effect at DCA, JFK,
and LGA, as discussed in the FAA's initial decision extending relief
due to COVID-19 impacts.\12\
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\12\ See 85 FR 15018 (Mar. 16, 2020).
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At JFK and LGA, each slot must be used at least 80 percent of the
time.\13\ 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.\14\
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\13\ 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).
\14\ 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 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.\15\ 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.\16\
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\15\ See 14 CFR 93.227(a).
\16\ See 14 CFR 93.227(j).
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When making decisions concerning historical rights to allocated
slots, including whether to grant a waiver of the usage requirement,
the FAA seeks to ensure the efficient use of valuable aviation
infrastructure and maximize 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.
Discussion of Proposals for Additional Relief
At the present time, COVID-19 continues to present a highly unusual
and unpredictable condition that is beyond the control of carriers.
According to data submitted by Airlines for America (A4A), passenger
demand has weakened dramatically as a result of the recent COVID-19
resurgence and a return to 2019 passenger volumes is not expected until
calendar year 2023 or 2024.\17\ The ultimate duration and severity of
COVID-19 impacts on passenger demand in the United States and
internationally remain unclear even as the distribution of a vaccine is
underway in certain parts of the world.
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\17\ See December 7, 2020 presentation by Airlines for America
titled ``Tracking the Impacts of COVID-19,'' a copy of which has
been placed in the docket for this notice.
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Since the FAA's determination in October 2020 to extend relief on a
conditional basis through March 27, 2021, the FAA has received
submissions from stakeholders regarding whether the FAA should extend
additional relief beyond March 27, 2021.\18\ The FAA seeks comment on
two proposals with respect to continuing relief with regard to the
Summer 2021 scheduling season, which ends on October 30, 2021.
Commenters may also suggest other options for consideration. Absent
further relief, the existing relief will expire on March 27, 2021 and
standard requirements and policies will apply.
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\18\ Copies of all submissions to the DOT and FAA concerning the
continuation of COVID-related relief have been placed in the docket
associated with this notice.
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Extension of Current Relief Made Available by the FAA on a Conditional
Basis
As one option for consideration, the FAA is proposing to extend
through October 30, 2021, the COVID-19-related limited waiver of the
minimum slot usage requirement at JFK, LGA, and DCA that the FAA has
already made available on a conditional basis through March 27, 2021.
As part of this option, the FAA would also extend through October 30,
2021 its COVID-19-related policy for prioritizing flights canceled or
otherwise not operated as originally intended at designated IATA Level
2 airports in the United States on a conditional basis, for purposes of
establishing a carrier's operational baseline in the next corresponding
season (i.e., Summer 2022). The proposed extension would be made
available on the same terms announced in the FAA's October 7, 2020
decision (85 FR 63335), as summarized previously in this notice in the
section titled Current Slot Usage and Related Relief Due to COVID-19.
As explained in the FAA's October 7, 2020 decision, the FAA
believes the relief provided on a conditional basis through the end of
the Winter 2020/2021 season at slot-controlled and designated IATA
Level 2 airports in the United States addresses ongoing COVID-19-
related impacts. The FAA continues to believe this approach provides
carriers with flexibility during this unprecedented situation, supports
the long-term viability of carrier operations at slot-controlled
airports while also supporting economic recovery, and reduces the
potential to suppress flight operations for which demand exists. The
FAA believes an extension of the current waiver would also be generally
consistent with the approach taken by other jurisdictions to date.
WASB Proposal
Another option for consideration is the WASB proposal. WASB is a
forum for bringing together representatives from the airport, airline,
and slot coordinator communities to develop positions on slot
management rules and standards to be applied globally in the Worldwide
Airport Slot Guidelines (WASG).\19\ The WASB proposal includes the
following provisions, which are described herein as they would be
applied in the United States:
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\19\ The detailed proposal can be accessed in the docket for
this notice and at the following website: https://www.iata.org/contentassets/37a569b171504493be1d2ddd7d53f1f2/wasb-recommendation-s21airportslotalleviation.pdf.
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Slot holders that ensure the return of any slot as
allocated by the FAA for the duration of the Summer 2021 season
(identified by Slot ID and/or flight number, as appropriate) on or
before February 8, 2021 (approximately 7 weeks before the start of the
season) would retain historic precedence for that slot in the Summer
2022 scheduling season; newly allocated slots are not eligible for this
provision; eligible slots
[[Page 83675]]
returned before the deadline would be available for re-allocation on a
non-permanent basis for operation during the Summer 2021 season; slots
operated as approved on a non-historic basis in Summer 2021 would have
priority over new demands for the same timings in the next equivalent
season, subject to capacity availability and any other legal
conditions;
For slots not returned by February 8, 2021, the usual
minimum slot usage threshold of 80 percent would be reduced to 50
percent during the Summer 2021 scheduling season; and,
For slots not returned by February 8, 2021, an exception
from the reduced slot usage threshold of 50 percent would be available
under circumstances that may prevent airlines from operating scheduled
flights for reasons other than commercial cancellations for the
duration of the circumstance plus up to a 6-week recovery period; as
proposed, the FAA would accept as valid justification for the non-
utilization of slots, any government restrictions that prevent or
severely restrict travel to specific airports, destinations (including
intermediate points) or countries for which the slot was held, such as
the following examples--
[cir] 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;
[cir] Severe government restrictions related to COVID-19 on the
maximum number of arriving or departing passengers on a specific flight
or through a specific airport;
[cir] Government restrictions on movement or quarantine/isolation
measures within the country or region where the airport or destination
(including intermediate points) is located;
[cir] Government-imposed closure of businesses essential to support
aviation activities (e.g., closure of hotels); and
[cir] Unforeseeable restrictions on airline crew, including sudden
bans on entry or crew stranded in unexpected locations due to
quarantine measures.
The following conditions would apply:
[cir] Relief would not apply to slots held by an airline that
permanently ceases operations at the airport; and,
[cir] New uneven transfers would not be eligible for the pre-season
return provision, but would be eligible for other slot relief measures
during the Summer 2021 season.
The FAA notes that the WASB proposal is silent concerning a
position on further relief for prioritizing flights canceled due to
COVID-19 at designated IATA Level 2 airports. The FAA further notes
that certain provisions and concepts of the detailed WASB proposal
would not necessarily apply in the United States to the extent that
there are established differences in effect under established rules and
orders governing slot management in the United States. For example,
traditional concepts of ``series of slots'' and provision 8.7.2.2 of
the WASG have not been adopted in the United States.\20\ The FAA
received written submissions from IATA, A4A, Delta Air Lines, Inc., and
Virgin Atlantic Airways, Ltd. expressing support for FAA adoption of
this proposal.
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\20\ https://www.iata.org/en/policy/slots/slot-guidelines/ The
FAA reiterates that under current policy and procedures, the FAA
continues to apply version 9 of the Worldwide Slot Guidelines (Jan.
1, 2019), a copy of which has been placed in the docket for this
notice.
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Additional Submission Regarding Relief Beyond March 27, 2021
In addition, the FAA has received an alternative proposal
concerning relief beyond March 27, 2021 from Southwest Airlines Co.,
which takes no position on the WASB proposal relative to JFK, opposes
the WASB proposal relative to DCA and LGA, and suggests extending the
FAA's current relief at DCA and LGA for an additional half season at
most, through June 27, 2021. This submission has been placed in the
docket associated with this notice.
Invitation for Comment
The FAA seeks views and information regarding these or other
proposals. The FAA further invites comment on whether the proposal
adopted by the FAA should make relief available for the full duration
of the Summer 2021 scheduling season, which ends on October 30, 2021.
Written views and supporting data may be submitted no later than
December 29, 2020 to the docket associated with this notice as
explained previously in this notice. 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.'' Comments containing PROPIN may
be submitted by email to the Air Traffic Organization Slot
Administration Office at 9-FAA-Slot-Policy@faa.gov. 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. All routine slot administration matters
unrelated to this proceeding, including schedule updates, requested
changes, and information requests, should continue to be submitted to
7-awa-slotadmin@faa.gov.
After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.
Issued in Washington, DC, on December 17, 2020.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.
Virginia T. Boyle,
Acting Vice President, System Operations Services.
[FR Doc. 2020-28324 Filed 12-18-20; 12:15 pm]
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