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


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0862]


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

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

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

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

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

FOR FURTHER INFORMATION CONTACT: Al Meilus, Slot Administration and 
Capacity Analysis, AJR-G5, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone number 202-267-
2822; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On March 16, 2020, the FAA granted a limited waiver of the minimum 
slot usage requirements \1\ to carriers operating at all slot-
controlled airports in the United States (DCA, JFK, and LGA) \2\ and 
related relief to carriers operating at designated IATA Level 2 
airports in the United States (EWR, LAX, ORD, SFO) due to the 
extraordinary impacts on the demand for air travel resulting from the 
effects of the COVID-19 pandemic.\3\ Since the initial slot usage 
waiver and related relief was provided, the FAA has taken action to 
extend relief on five occasions, subject to certain substantive 
changes, such as narrowing the scope of relief and adding conditions, 
as the effects of the COVID-19 pandemic evolved.\4\ The most recent 
limited, conditional extension of COVID-19-related relief was issued by 
the FAA on March 29, 2022, and expires on October 29, 2022.\5\
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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); the October 7, 2020, notice (85 FR 63335); the 
January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA-
2020-0862-0302); and, the October 20, 2021, notice (86 FR 58134), 
extends to all allocated slots, including slots allocated by 
exemption.
    \3\ Orders Limiting Operations at John F. Kennedy International 
Airport and New York LaGuardia Airport; High Density Traffic 
Airports Rule at Ronald Reagan Washington National Airport, 85 FR 
15018 (Mar. 16, 2020).
    \4\ Orders Limiting Operations at John F. Kennedy International 
Airport and New York LaGuardia Airport; High Density Traffic 
Airports Rule at Ronald Reagan Washington National Airport, 85 FR 
21500 (Apr. 17, 2020); COVID-19 Related Relief Concerning Operations 
at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Winter 2020/2021 Scheduling Season, 85 FR 63335 
(Oct. 7, 2020); FAA Policy Statement: Limited, Conditional Extension 
of COVID-19 Related Relief for the Summer 2021 Scheduling Season 
(Docket No. FAA-2020-0862-0302); COVID-19 Related Relief Concerning 
Operations at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Winter 2021/2022 Scheduling Season, 86 FR 58134 
(Oct. 20, 2021); and COVID-19 Related Relief Concerning Operations 
at Chicago O'Hare International Airport, John F. Kennedy 
International Airport, Los Angeles International Airport, Newark 
Liberty International Airport, New York LaGuardia Airport, Ronald 
Reagan Washington National Airport, and San Francisco International 
Airport for the Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 
2022).
    \5\ COVID-19 Related Relief Concerning Operations at Chicago 
O'Hare International Airport, John F. Kennedy International Airport, 
Los Angeles International Airport, Newark Liberty International 
Airport, New York LaGuardia Airport, Ronald Reagan Washington 
National Airport, and San Francisco International Airport for the 
Summer 2022 Scheduling Season, 87 FR 18057 (Mar. 29, 2022).
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Standard Applicable to This Waiver Proceeding

    The FAA reiterates the standards applicable to petitions for 
waivers of the minimum slot usage requirements in effect at DCA, JFK, 
and LGA, as discussed in FAA's initial decision granting relief due to 
COVID-19 impacts.\6\ At JFK and LGA, each slot must be used at least 80 
percent of the time.\7\ Slots not meeting the minimum usage 
requirements will be withdrawn. The FAA may waive the 80 percent usage 
requirement in the event of a highly unusual and unpredictable 
condition that is beyond the control of the slot-holding air carrier 
and which affects carrier operations for a period of five consecutive 
days or more.\8\
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    \6\ See Orders Limiting Operations at John F. Kennedy 
International Airport and New York LaGuardia Airport; High Density 
Traffic Airports Rule at Ronald Reagan Washington National Airport, 
85 FR 15018 (Mar. 16, 2020).
    \7\ Operating Limitations at John F. Kennedy International 
Airport, 85 FR 58258 at 58260 (Sep. 18, 2020); Operating Limitations 
at New York LaGuardia Airport, 85 FR 58255 at 58257 (Sep. 18, 2020).
    \8\ At JFK, historical rights to operating authorizations and 
withdrawal of those rights due to insufficient usage will be 
determined on a seasonal basis and in accordance with the schedule 
approved by the FAA prior to the commencement of the applicable 
season. See JFK Order, 85 FR at 58260. At LGA, any operating 
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at 
58257.
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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.\9\ The FAA may waive 
this minimum usage requirement in the event of a highly unusual and

[[Page 65283]]

unpredictable condition that is beyond the control of the slot-holding 
carrier and which exists for a period of nine or more days.\10\
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    \9\ See 14 CFR 93.227(a).
    \10\ 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 while maximizing the benefits to airport users and the 
traveling public. This minimum usage requirement is expected to 
accommodate routine cancelations under all but the most unusual 
circumstances. Carriers proceed at risk if, at any time prior to a 
final decision, they make decisions in anticipation of the FAA granting 
a slot usage waiver.

Summary of Petitions Submitted

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

Analysis

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

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

Decision

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

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