[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: [email protected].

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 [email protected]. 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 
[email protected].
    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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