[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 15018-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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

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

ACTION: Notice of limited waiver of the minimum slot usage requirement.

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SUMMARY: This notice announces a limited waiver of the minimum usage 
requirement that applies to Operating Authorizations or ``slots'' at 
John F. Kennedy International Airport (JFK), New York LaGuardia Airport 
(LGA) and Ronald Reagan Washington National Airport (DCA), in light of 
the current impacts on air travel demand related to the outbreak of 
novel 2019 coronavirus (also known as ``SARS-CoV-2,'' causing the 
disease COVID-19) (``Coronavirus''). Through May 31, 2020, the FAA will 
waive the minimum usage requirement as to any slot associated with a 
scheduled nonstop flight between JFK, LGA, or DCA, respectively, and 
other points that is canceled as a direct result of Coronavirus-related 
impacts. This action is effective for Coronavirus-related flight 
cancelations through May 31, 2020. The duration of the Coronavirus 
outbreak and its effect on demand for commercial air travel remains to 
be seen. The FAA will continue to monitor the situation and may augment 
this waiver as circumstances warrant. The FAA will inform carriers of 
any decision to extend the waiver period as soon as possible.
    In addition, this notice announces the policy that the FAA will 
prioritize flights canceled at designated International Air Transport 
Association (IATA) Level 2 airports in the U.S. due to Coronavirus 
through May 31, 2020, including at Chicago O'Hare International Airport 
(ORD), Newark Liberty International Airport (EWR), Los Angeles 
International Airport (LAX), and San Francisco International Airport 
(SFO), for purposes of establishing a carrier's operational baseline in 
the next corresponding season.
    The FAA is acting in good faith in granting relief to carriers 
worldwide impacted by the Coronavirus. In doing so, the FAA expects 
that U.S. carriers will be accommodated with reciprocal relief by 
foreign slot coordinators.

DATES: Effective upon publication.

FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief 
Counsel, Regulations Division, Federal Aviation Administration, 800 
Independence Avenues SW, Washington, DC 20591; telephone: (202) 267-
3808; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Coronavirus was detected in China in December 2019 and as of 
March 7, 2020 had been detected in almost 90 locations internationally, 
including in the United States.
    The Centers for Disease Control and Prevention (CDC), a component 
of the Department of Health and Human Services (HHS), has determined 
that the virus presents a serious public health threat and continues to 
take steps to prevent its spread. On January 27, 2020, the CDC issued a 
Level 3 Travel Health Notice recommending that travelers avoid all 
nonessential travel to China due to widespread community transmission 
of COVID-19. On January 30, 2020, the World Health Organization (WHO) 
declared the outbreak a public health emergency of international 
concern (PHEIC). On January 31, 2020, HHS declared a public health 
emergency for the United States to aid in responding to COVID-19. That 
same day, citing the threat of this communicable disease, the President 
issued a Proclamation suspending the entry into the United States of 
certain

[[Page 15019]]

foreign nationals who have been in China within the last 14 days prior 
to their entry or attempted entry. On February 2, 2020, the Department 
of State raised its China travel advisory to Level 4 (do not travel), 
citing the Coronavirus outbreak. Since then, the Department of State 
has cited the Coronavirus outbreak in raising its travel advisory level 
for Macau, Hong Kong, Japan, Mongolia, Iran, Italy, South Korea, 
Turkmenistan, and Azerbaijan-including Level 4 advisories for Iran and 
for parts of South Korea and Italy. Again citing the threat of this 
communicable disease, another Presidential Proclamation issued on 
February 29, 2020 suspended the entry into the United States of certain 
foreign nationals who have been in Iran within the last 14 days prior 
to their entry or attempted entry.
    Demand for travel decreased initially to points in China with 
several U.S. and foreign air carriers reducing or suspending service. 
The Civil Aviation Administration of China (CAAC) required all carriers 
serving China to waive restrictions on changes or refunds for travel to 
and from all of mainland China. Other airports in Asia also began to 
experience flight cancelations due to health concerns and lower demand. 
More recent travel warnings and changes in passenger demand have 
impacted flights as Coronavirus spread to other parts of the world, 
including the U.S. The FAA continues to receive cancelation notices at 
slot-controlled airports in the U.S., which include JFK, LGA, and DCA, 
as well as U.S. airports designated as IATA Level 2 for flights to and 
from areas with significant Coronavirus outbreaks.\1\
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    \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.
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    Several foreign airlines have petitioned the FAA to grant a waiver 
of the 80 percent minimum slot usage requirement at JFK through the 
Winter 2019/2020 scheduling season ending on March 28, 2020 and some 
petitioners have sought relief for portions, or the entirety, of the 
Summer 2020 scheduling season. On March 2, 2020, IATA petitioned on 
behalf of airlines for a slot usage waiver at all constrained airports 
through the Summer 2020 scheduling season ending on October 24, 2020. 
On March 6, 2020, Airlines for America petitioned the FAA on behalf of 
domestic member airlines for ``a waiver of the minimum slot usage 
requirement at all slot-controlled and schedule facilitated airports 
for at least Summer 2020.'' Multiple U.S. carriers have also submitted 
individual petitions for slot usage relief with respect to all three 
U.S. slot-controlled airports. The petitioners base their requests on 
the public health situation, travel restrictions, and the highly 
unusual and unpredictable nature of the Coronavirus impacts on demand 
for air travel.

Standard

    At JFK and LGA, each slot must be used at least 80 percent of the 
time.\2\ 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.\3\
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    \2\ Operating Limitations at John F. Kennedy International 
Airport, 83 FR 46865 (Sep. 17, 2018); Operating Limitations at New 
York LaGuardia Airport, 83 FR 47065 at 47066 (Sep. 18, 2018).
    \3\ 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, 83 FR at 46867. 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, 83 FR at 
47066.
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    At DCA, any slot not used at least 80 percent of the time over a 
two-month period will also be recalled by the FAA.\4\ 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.\5\
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    \4\ See 14 CFR Sec.  93.227(a).
    \5\ See 14 CFR Sec.  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 both 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 they make decisions in 
anticipation of the FAA granting a slot usage waiver. Relevant here, 
however, the FAA has established precedent for granting a limited 
waiver of the minimum slot usage requirement related to an infectious 
disease outbreak.\6\
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    \6\ See e.g. Operating Limitations at John F. Kennedy 
International Airport and Newark Liberty International Airport; 
Notice of Limited Waiver of the Slot Usage Requirement, 74 FR 34393 
(July 15, 2009).
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Analysis

    Slots are a scarce resource. Slot usage waivers accordingly are 
reserved for extraordinary circumstances. The FAA has determined that 
the exceptional circumstances associated with the Coronavirus meet the 
criteria for a limited waiver, as announced here, of the minimum slot 
usage requirements for flights scheduled between JFK, LGA, and DCA, 
respectively, and other points that are canceled as a direct result of 
Coronavirus-related impacts. The FAA also acknowledges that the 
timeframe and scope of impacts of Coronavirus on commercial air travel 
remain uncertain. The FAA does not intend routinely to grant broad, 
generalized relief from the minimum slot usage requirements. The usage 
requirement allows for up to 20 percent nonuse to accommodate planned 
and unplanned cancelations. This allowance is expected to accommodate 
routine weather and other cancelations under all but the most unusual 
circumstances. However, the current impacts of Coronavirus on 
commercial aviation are dramatic and extraordinary. In light of these 
evolving and extraordinary circumstances, the relief announced here 
from the minimum slot usage requirement at all slot-controlled airports 
in the U.S. is appropriate.
    The FAA will continue to monitor the outbreak and its effects on 
commercial aviation and may augment this waiver as circumstances 
warrant. The FAA will inform carriers of any extension to the waiver 
period as soon as possible.
    In addition, the FAA notes that numerous carriers have inquired 
about Coronavirus-related relief at U.S. airports designated as IATA 
Level 2 schedule facilitated airports, including ORD, EWR, LAX, and 
SFO. It is the policy of the FAA to prioritize flights canceled at IATA 
Level 2 airports in the U.S. due to Coronavirus through May 31, 2020, 
consistent with the IATA Worldwide Slot Guidelines (WSG), for purposes 
of establishing a carrier's baseline in the next corresponding 
season.\7\
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    \7\ The FAA notes that a minimum usage requirement does not 
apply at designated IATA Level 2 airports in the U.S. Moreover, 
established procedures under the IATA WSG allow for the 
prioritization of such cancelations in subsequent corresponding 
seasons consistent with the FAA's policy statement in this notice.
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    The FAA is acting in good faith in granting the relief announced 
here to all carriers impacted by the Coronavirus worldwide. Without 
slot usage waivers to accommodate the current reduction in passenger 
demand, carriers may have to operate substantially empty flights to 
preserve their slots. In granting this

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relief from slot usage requirements, the FAA expects that U.S. carriers 
will be accommodated with reciprocal relief by foreign coordinators. To 
the extent that U.S. carriers fly to a foreign carrier's home 
jurisdiction and that home jurisdiction does not offer reciprocal 
relief to U.S. carriers, the FAA may determine not to grant a waiver to 
that foreign carrier. A foreign carrier seeking a waiver may wish to 
ensure that the responsible authority of the foreign carrier's home 
jurisdiction submits a statement by email to [email protected] 
confirming reciprocal treatment of the slot holdings of U.S. carriers.

Decision

    The FAA will waive the minimum slot usage requirements for all 
carriers canceling scheduled flights at JFK, LGA, and DCA as a direct 
result of the Coronavirus. This action is effective for Coronavirus-
related flight cancelations through May 31, 2020. This decision is 
intended to provide limited relief to allow airlines to adjust 
schedules to changing demand projections at U.S. slot-controlled 
airports directly resulting from Coronavirus. Carriers should advise 
the FAA Slot Administration Office of Coronavirus-related cancelations 
and return the slots to the FAA by email to [email protected] to 
obtain relief. The information provided must include the dates for 
which relief is requested, the flight number, origin/destination 
airport, scheduled time of operation, the slot identification number, 
as applicable, and supporting information demonstrating that flight 
cancelations directly relate to the Coronavirus outbreak.

    Issued in Washington, DC on March 11, 2020.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020-05278 Filed 3-13-20; 8:45 am]
 BILLING CODE 4910-13-P