BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. 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 Docket No. FAA-2020-0862 RESPONSE OF THE CARGO AIRLINE ASSOCIATION INTRODUCTION The Cargo Airline Association is the leading organization representing the U.S. all-cargo air carrier industry.1 We are writing in response to Proposed Extension of Limited Waiver of the Minimum Slot Usage Requirement at certain enumerated airports for the Winter 2020/2021 scheduling season published in the September 15, 2020, edition of the Federal Register (85 Fed. Reg. 57288). The FAA’s proposed action would extend the limited waiver of the minimum slot usage requirements (with some restrictions) at John F. Kennedy International Airport (JFK), New York LaGuardia Airport (LGA) and Ronald Reagan Washington National Airport (DCA) until March 27, 2021. The proposal would also extend the FAA’s coronavirus-related policy for 1 All-cargo airline members include: ABX Air, Atlas Air, FedEx Express, Kalitta Air and UPS Airlines. prioritizing flights canceled at designated International Air Transport Association (IATA) Level 2 airports in the United States – only through December 31, 2020.2 Our members are fully aware of the daunting operating challenges facing both airports and airlines in an environment poisoned by the COVID-19 coronavirus. We appreciate the actions taken by the United States government to address the many challenges impacting the aviation sector. We fully support FAA’s action proposed herein and recognize that airlines should not be penalized for their temporary inability to meet the required slot utilization rates because of flight cancellations stemming from drastically reduced passenger traffic caused by the extraordinary and unforeseen COVID-19 pandemic. At the same time, those carriers transporting cargo have expanding needs for service at many of the communities with slot constrained airports. Therefore, it would be in the public interest for the FAA to temporarily reallocate to cargo airlines the slots not used by passenger airlines. As the nation copes with the pandemic and implements “shelter-in-place” policies, supply chain continuity (including consumer staples, medical and health-related supplies) has become a key element of the private sector’s response to the pandemic, and many of these goods travel by air. This is particularly true in the New York City area. The air cargo industry is also predicting one of the highest peak seasons on record as citizens who are unable to travel will look to ship gifts during the upcoming holiday season. At slot-controlled airports, such as JFK Airport, cargo airlines may lack the necessary number of slots at critical times to conduct operations at a sufficient pace and volume to meet customers’ needs in these unusual and evolving circumstances. In this time of national emergency, therefore, the slots not needed by 2 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). 2 passenger airlines should be available for temporary allocation to cargo airlines rather than laying fallow. DISCUSSION The services provided by all-cargo airlines throughout the globe are essential to the American, and indeed the world, economies and the health and safety of our citizens, especially now when critical goods are needed to combat this global pandemic. As Americans adapt to protective measures such as “social distancing”, they are increasingly dependent on home deliveries for even their most basic necessities and routine tasks. As noted above, without air cargo, urgently needed medical supplies and equipment, including personal protective equipment and coronavirus test kits, as well as all products needed by American manufacturers and the American public generally, would cease to be delivered in a timely fashion. The importance of our industry has been recognized by the DHS Cybersecurity and Infrastructure Security Agency (CISA) when, on March 28, 2020, it found that air cargo workers are considered Essential Critical Infrastructure Workers and that they should be exempt from any “shelter-in-place” rules. In its guidance CISA included, “(w)orkers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off-airport facilities workers.”3 Moreover, the October-December timeframe is when demand will peak to the highest point in the year and this year will undoubtedly present challenges for the air cargo industry. While some passenger aircraft remain grounded, air cargo carriers have had to step in and serve more consumers. Shippers may rely more heavily on 3Cybersecurity & Infrastructure Security Agency (CISA), Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (March 28, 2020). We recognize that the CISA memo is advisory in nature and not a federal mandate. It is, however, evidence of the critical nature of our services. 3 express services during the holiday season which makes reliance on airport access even more critical. Accordingly, we respectfully urge the FAA to finalize its decision to extend relief to the passenger airlines through March 27, 2021. The passenger airlines are still struggling for their very survival, and it would be contrary to the public interest to further harm them by withdrawing their historical rights to slots because of insufficient usage resulting from highly unusual and unpredictable circumstances totally beyond their control. Furthermore, we respectfully request that the FAA make available unused slots for temporary reallocation to air cargo operations. As noted above, air cargo services are essential to combat this global pandemic and to ensure supply chain and economic continuity for communities, workers, and businesses throughout the United States. Temporary reallocation could be most readily accomplished at JFK, which has substantial cargo facilities. While not contemplating the extreme circumstances of the COVID-19 pandemic, FAA’s order governing slot management at JFK Airport already provides that “[t]he FAA may temporarily allocate an Operating Authorization at its discretion.”4 This is the appropriate time for FAA to exercise that discretion. A temporary allocation would not affect historical rights or grant historical status, but it would enable the flow of more – and much needed – air cargo flights. For example, the FAA could add the reallocation to its determination extending the limited waiver by simply stating: FAA will review the underutilized slots held by passenger carriers at JFK and temporarily reallocate some of them as necessary to accommodate additional air cargo carriers and air cargo flights, whether performed by all-cargo carriers or combination carriers; such reallocation shall not affect the historical rights of passenger carriers and is valid only for the term of FAA’s limited waiver of the minimum usage requirements, including extensions. 4 FAA, Operating Limitations at John F. Kennedy International Airport, 83 Fed. Reg. 46,865, 46,867, para. 10 (Sept. 17, 2018). 4 CONCLUSION The Cargo Airline Association fully supports the FAA’s decision to extend relief to March 27, 2021, and respectfully requests the agency exercise its discretion to temporarily allocate underutilized slots to air cargo flights.5 People around the world are counting on our services now more than ever and we need the government’s help to ensure our global supply chains operate in a safe and efficient manner. Rapid emergency deliveries may be necessary, especially in the New York area to meet the needs of all Americans. Air cargo will most likely be experiencing its highest peak season this year and will have to serve markets passenger carriers have been unable to serve. In the event there are unused slots at those airports with slot restrictions, FAA should give priority to air cargo services ensuring that the necessary facilitation of commerce is not interrupted. Respectfully submitted, Stephen A. Alterman President Yvette A. Rose Senior Vice President September 22, 2020 5 We also urge the FAA to extend its temporary relief at IATA Level 2 airports to the March 27, 2021, date in lieu of the proposed December 31, 2020, date. The impact of the coronavirus on the airline industry is no different at these airports. 5 .