Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63335

DEPARTMENT OF TRANSPORTATION DC 20591; telephone: (202) 267–3808; 2020 (85 FR 21500; Apr. 17, 2020). The email: [email protected]. FAA explained its intent to provide Federal Aviation Administration SUPPLEMENTARY INFORMATION: carriers with maximum flexibility during this unprecedented situation and Background [Docket No. FAA–2020–0862] to support the long-term viability of In a notice published in the Federal carrier operations at slot-controlled and COVID–19 Related Relief Concerning Register on March 16, 2020 (85 FR IATA 2 in the United Operations at Chicago O’Hare 15018), the FAA announced certain States. International , John F. Kennedy relief through May 31, 2020, in light of , Los Angeles impacts on air demand related to On September 11, 2020, the FAA International Airport, Newark Liberty the COVID–19 public health issued a notice of proposed extension of International Airport, New York emergency.1 As announced in that the limited relief already provided LaGuardia Airport, Ronald Reagan notice, through May 31, 2020, the FAA through the Summer 2020 scheduling Washington National Airport, and San waived the minimum usage requirement season, with additional conditions, Francisco International Airport for the as to any slot associated with a which was published in the Federal Winter 2020/2021 Scheduling Season scheduled nonstop flight between JFK, Register on September 15, 2020 (85 FR LGA, or DCA, respectively, and another 57288). In this notice, the FAA invited AGENCY: Department of Transportation point that was canceled as a direct comment on its specific proposals for (DOT), Federal Aviation Administration result of COVID–19-related impacts.2 In continued relief from the minimum slot (FAA). addition, that notice announced that the usage requirements and related policies ACTION: Extension of limited waiver of FAA would prioritize flights canceled due to COVID–19. Specifically, the FAA the minimum slot usage requirement. due to COVID–19 at designated IATA proposed to extend the relief already Level 2 airports in the United States— made available at U.S. slot-controlled SUMMARY: The FAA has determined to including ORD, EWR, LAX, and SFO— extend through March 27, 2021, the airports (DCA, JFK, and LGA) with through May 31, 2020, for purposes of additional conditions through the coronavirus disease 2019 (COVID–19)- establishing a carrier’s operational related limited waiver of the minimum Winter 2020/2021 season. The FAA also baseline in the next corresponding proposed limited additional relief at slot usage requirement at John F. season.3 In granting this relief, the FAA Kennedy International Airport (JFK), U.S. designated IATA Level 2 airports asserted its expectation that foreign slot (EWR, LAX, ORD, and SFO) on a New York LaGuardia Airport (LGA), and coordinators would accommodate U.S. conditional basis through December 31, Ronald Reagan Washington National carriers with reciprocal relief. The FAA 2020. Airport (DCA) that the FAA already has further stated that it would continue to made available through October 24, monitor the situation and might The FAA notes that carriers have not 2020, with additional conditions as augment the waiver as circumstances begun providing any significant slot described herein. In addition, the FAA warrant. returns or schedule updates for Winter also has determined to extend, through Subsequently, following a notice of 2020/2021, as they await a final March 27, 2021, its COVID–19-related opportunity for interested persons to decision on FAA policies relative to policy for prioritizing flights canceled at show cause why the FAA should or waiving minimum usage requirements designated International Air Transport should not extend the relief provided at DCA, LGA, and JFK and relief at Association (IATA) Level 2 airports in due to continuing COVID–19-related Level 2 airports for prioritization in the United States, for purposes of impacts on demand for (85 FR Winter 2021/2022. Several carriers have establishing a carrier’s operational 16989; Mar. 25, 2020), the FAA advised the FAA informally that they baseline in the next corresponding extended the relief through October 24, season, also with additional conditions already have identified slot returns and schedule reductions for some or all of as described in this notice. These IATA 1 The FAA has authority for developing plans and Level 2 airports include Chicago O’Hare policy for the use of the navigable airspace and for the scheduling season, and that they International Airport (ORD), Newark assigning by regulation or order the use of the will provide additional information Liberty International Airport (EWR), Los airspace necessary to ensure the safety of aircraft after the FAA finalizes its usage waiver and the efficient use of airspace.’’ See 49 U.S.C. policy. The FAA encountered similar Angeles International Airport (LAX), 40103(b)(1). The FAA manages slot usage and San Francisco International Airport requirements under the authority of 14 CFR 93.227 carrier behavior earlier this year when it (SFO). These extensions remain subject at DCA and under the authority of Orders at JFK initially granted relief through May 31, to the stated policy on reciprocity that and LGA. See Operating Limitations at John F. 2020, before extending the waiver Kennedy International Airport, 85 FR 58258 (Sep. applied to the COVID–19-related relief 18, 2020); Operating Limitations at New York through October 24, 2020. that the FAA earlier granted through LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020). Current COVID–19 Situation October 24, 2020. 2 Although DCA and LGA are not designated as IATA Level 3 slot-controlled airports given that DATES: The relief announced in this these airports primarily serve domestic Since the FAA’s September 11, 2020 notice is available for the Winter 2020/ destinations, the FAA limits operations at these notice was issued, COVID–19 has 2021 scheduling season, which runs airports via rules at DCA and an Order at LGA that continued to cause disruption globally from October 25, 2020 through March are equivalent to IATA Level 3. See FN 1. The FAA reiterates that the relief provided in the March 16, and within the United States. The 27, 2021. Conditions on the relief 2020, notice (85 FR 15018), the April 17, 2020, World Health Organization (WHO) announced in this notice require notice (85 FR 21500), and this notice extends to all reports COVID–19 cases in more than compliance beginning on October 15, allocated slots, including slots allocated by 200 countries, areas, and territories 2020. exemption. 3 The FAA notes that a minimum usage worldwide. For the week ending FOR FURTHER INFORMATION CONTACT: requirement does not apply at designated IATA September 27, 2020, the WHO reported Bonnie Dragotto, Office of the Chief Level 2 airports in the United States. However, more than 2 million new COVID–19 established procedures under the IATA Worldwide Counsel, Regulations Division, Federal Slot Guidelines (WSG) allow for the prioritization cases and 36,475 new deaths, bringing Aviation Administration, 800 of such cancelations in subsequent corresponding the cumulative total to over 32.7 million Independence Avenue SW, Washington, seasons consistent with the FAA’s policy statement.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63336 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

confirmed COVID–19 cases and 991,000 Standard Applicable to This Waiver other persons, including IATA, deaths.4 Proceeding for America (A4A), the International travel recommendations The FAA reiterates the standards Alliance, the , the Cargo from the Centers for Disease Control and applicable to petitions for waivers of the Association (CAA), the National Air Carrier Association (NACA), Prevention (CDC) categorize nearly 200 minimum slot usage requirements in Airports Council International-World countries, areas, and territories effect at DCA, JFK, and LGA, as discussed in the FAA’s initial decision (ACI World), Airports Council worldwide under Level 3—COVID–19 International-North America (ACI–NA), Risk Is High. Although the U.S. extending relief due to COVID–19 impacts.10 (A4E), the Latin Department of State’s Global Health American and Caribbean Air Transport Advisory was downgraded from Level At JFK and LGA, each slot must be 11 Association (ALTA), the Association of 4—Do Not Travel for certain used at least 80 percent of the time. Slots not meeting the minimum usage Asia Pacific Airlines, the Arab Air destinations, advisories ranging from 16 requirements will be withdrawn. The Carriers Organization, 10 U.S. carriers, Level 2—Exercise Increased Caution to 17 FAA may waive the 80 percent usage 33 foreign carriers, the International Level 3—Reconsider Travel and up to requirement in the event of a highly Association of Machinists and Level 4 remain in effect for many parts unusual and unpredictable condition Aerospace Workers (IAMAW), the of the world due to continuing impacts that is beyond the control of the slot- Professional Flight Control Association 5 of COVID–19. The U.S. Department of holding air carrier and which affects (PAFCA–UAL), the Association of Flight Attendants-CWA, AFL CIO, 22 members State advises that challenges to any carrier operations for a period of five of Congress, 10 state/elected officials, 54 international travel at this time may consecutive days or more.12 include mandatory quarantines, travel At DCA, any slot not used at least 80 other non-aviation businesses and restrictions, and closed borders. The percent of the time over a two-month industry organizations, and 71 U.S. Department of State notes further period also will be recalled by the individuals (most of whom identified as airline or other aviation and travel that foreign governments may FAA.13 The FAA may waive this industry employees).18 In addition, one implement restrictions with little notice, minimum usage requirement in the foreign carrier also submitted a even in destinations that were event of a highly unusual and comment to the U.S. Department of previously low risk.6 Accordingly, the unpredictable condition that is beyond State, which has been included in the U.S. Department of State warns the control of the slot-holding carrier docket for this proceeding with all other and which exists for a period of nine or Americans choosing to travel comments not containing proprietary or more days.14 internationally that their trip may be confidential business information. When making decisions concerning disrupted severely and it may be Most incumbent U.S. and foreign historical rights to allocated slots, difficult to arrange travel back to the airline commenters, as well as their United States.7 including whether to grant a waiver of industry representatives and others, the usage requirement, the FAA seeks to Within the United States, the CDC support an extension of relief and ensure the efficient use of valuable advocate for aligning the duration of reported 7,260,465 total cases and aviation infrastructure and maximize 207,302 deaths from COVID–19 as of relief at slot-controlled and Level 2 the benefits to both airport users and the airports in the United States through the October 2, 2020, with 302,093 new cases traveling public. This minimum usage in the prior seven days.8 The CDC upcoming Winter 2020/2021 season. requirement is expected to These commenters also generally advises prospective domestic travelers accommodate routine cancelations to consider whether their destination under all but the most unusual foreign carriers, submitted comments marked as has requirements or restrictions for circumstances. Carriers proceed at risk proprietary and confidential. The information travelers, and notes that state, local, and if they make decisions in anticipation of contained within comments marked as Proprietary territorial governments may have travel the FAA granting a slot usage waiver. Information (PROPIN) was consistent with restrictions in place, including testing information submitted by other airline industry commenters. The FAA will maintain the requirements, stay-at-home orders, and Summary of Comments and Information Submitted confidentiality of this information to the extent quarantine requirements upon arrival. A permitted by law. national emergency related to COVID– The FAA received 196 comments 15 16 Comments were submitted by the following 19 remains in effect pursuant to the on the proposal from stakeholders and U.S. carriers: Alaska Airlines, Inc., Allegiant Air, LLC, Delta Air Lines, Inc., JetBlue Airways Corp., President’s March 13, 2020 Southwest Airlines Co., Spirit Airlines, Inc., United 10 Proclamation.9 See 85 FR 15018 (Mar. 16, 2020). Airlines, Inc., Eastern Airlines, LLC, and Polar Air 11 Operating Limitations at John F. Kennedy Cargo Worldwide, Inc. United and one additional International Airport, 85 FR 58258 (Sep. 18, 2020); U.S. carrier submitted comments, or a portion 4 COVID–19 weekly epidemiological update, Operating Limitations at New York LaGuardia thereof, marked as proprietary and confidential. September 28, 2020, available at: https:// Airport, 85 FR 47065 at 58255 (Sep. 18, 2020). 17 Comments were submitted by the following www.who.int/emergencies/diseases/novel- 12 At JFK, historical rights to operating foreign carriers: Aeromexico, Air Canada, Air coronavirus-2019/situation-reports. authorizations and withdrawal of those rights due China, /KLM, Air New Zealand, Air 5 https://travel.state.gov/content/travel/en/ to insufficient usage will be determined on a Serbia, Alitalia, All Nippon Airways, Austrian traveladvisories/traveladvisories.html/. seasonal basis and in accordance with the schedule Airlines, Avianca, , Cathay Pacific, 6 https://travel.state.gov/content/travel/en/ approved by the FAA prior to the commencement Copa, Emirates, Ethiopian Airlines, , traveladvisories/ea/covid-19-information.html. of the applicable season. See JFK Order, 85 FR at , , LATAM, LOT Polish Airlines, 7 Id. 58260. At LGA, any operating authorization not Deutsche , Norwegian Air International, 8 CDC COVID Data Tracker, updated October 2, used at least 80 percent of the time over a two- Ltd., Qantas Airways, Ltd., Royal Air Maroc, SAS 2020, available at https://covid.cdc.gov/covid-data- month period will be withdrawn by the FAA. See Airlines, Singapore Airlines, Swiss International tracker/?CDC_AA_refVal=https%3A%2F LGA Order, 85 FR at 58257. Air Lines Ltd., Turkish Airlines Inc., Virgin %2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov 13 See 14 CFR 93.227(a). Atlantic, VivaAerobus, and Xiamen Airlines. Two %2Fcases-updates%2Fcases-in-us.html#cases_ 14 See 14 CFR 93.227(j). additional foreign carriers submitted comments casesinlast7days. 15 The FAA notes that some comments were marked as proprietary and confidential. 9 https://www.whitehouse.gov/presidential- submitted on behalf of multiple persons. For 18 The comment period closed on September 22, actions/proclamation-declaring-national- example, the FAA received three Congressional 2020. Comments considered in finalizing the policy emergency-concerning-novel-coronavirus-disease- letters, which collectively reflected signatures from announced in this notice include late-filed covid-19-outbreak/. 22 members. Four commenters, including U.S. and submissions received as of September 25, 2020.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63337

opposed the FAA’s proposal for bulk airlines that are ready and able to with the assertion that [ghost flights] are (monthly) slot returns four weeks in operate to support the recovery are not an inefficient use of resources and are advance of the date of operation, which blocked from entering airports by anti- inconsistent with the purpose of slot- is equivalent to four to eight weeks in competitive holding of slots by airlines controls’’ and believes that this issue advance of certain operations. While exiting these markets.’’ ACI World ‘‘should continue to be of importance some commenters, particularly among emphasizes that ‘‘ ‘ghost flights’ are not once demand for air travel fully the airport community, support the justified’’ and ‘‘[u]nder no rebounds.’’ PANYNJ comments that ‘‘no FAA’s approach for the Winter 2020/ circumstances are air carriers required carrier is ever forced to conduct 2021 season as proposed, several to operate flights because of slot usage operations to maintain slots, and carriers assert that the policies are requirements’’ as ‘‘[c]arriers who carriers unable to sustain genuine inadequate and/or unlikely to have the reported being ‘forced’ to operate such operations consistent with their slot intended effect. Several commenters flights actually made a strategic decision portfolio should return unused slots for suggest that the FAA should close the to protect their slot portfolio.’’ reallocation.’’ door to any further relief beyond the ACI–NA supports the FAA’s proposal, JetBlue and Alaska support the FAA’s Winter 2020/2021 season, while other commenting that the proposal proposal to extend relief at slot- commenters offer alternative approaches ‘‘acknowledges the critical role that controlled airports in the United States to force full-season bulk returns for access to the most congested airports through the Winter 2020/2021 season, permanent reallocation. Some plays in economic vitality for and JetBlue further notes that it ‘‘accepts commenters seek to supersede this communities, the significance of the FAA’s proposed conditions, which waiver proceeding entirely by recognizing the cataclysmic impact from are intended to balance the needs and encouraging the Federal Government to COVID–19 to the aviation industry, and requirements of various stakeholders.’’ establish broader economic/market- the importance of providing price and The CAA fully supports the FAA’s based aviation industry recovery service competition where air carriers proposal ‘‘and recognize[s] that airlines policies and/or change the regulatory see opportunity as opposed to allowing should not be penalized for their policy landscape for managing slots and precious resources to be squandered temporary inability to meet the required schedule facilitation in the United because of historical happenstance.’’ slot utilization rates because of flight States. Some comments were limited to ACI–NA believes the proposal is ‘‘a cancellations stemming from drastically discussing either the proposal for slot- strong restatement that [slot resources] reduced passenger traffic caused by the controlled airports or the proposal for are not the property of the air carriers’’ extraordinary and unforeseen COVID– Level 2 airports. The comments are consistent with 14 CFR 93.223(a). ACI– 19 pandemic.’’ The CAA further summarized in more detail below. NA comments that ‘‘[w]hile ACI–NA is emphasizes the ‘‘expanding needs [of not advocating for a wholesale cargo carriers] for service at many of the Comments Concerning FAA’s Proposal realignment of slot and access portfolios communities with slot constrained for Continued Relief at U.S. Slot- at this time, the Notice should be the airports’’ and asserts that ‘‘it would be Controlled Airports (DCA, JFK, and foundation for a careful investigation in the public interest for the FAA to LGA) and Other General Provisions of and analysis of the changing landscape temporarily reallocate to cargo airlines the FAA’s Proposal in the air service competitive the slots not used by passenger airlines’’ Eastern Airlines commented that it environment.’’ ACI–NA remarks that the given the interests served by air cargo fully supports the FAA’s proposal to proposal is ‘‘a reasonable step and service in support of transporting extend the COVID–19-related limited consistent with the determination of medical supplies and equipment to waiver of the minimum slot usage other authorities across combat COVID–19. The CAA notes that requirement at JFK through March 27, the world,’’ but ‘‘it is likely that even the DHS Cybersecurity and 2021. with four to eight weeks of notice to the Infrastructure Security Agency has ACI World expresses full support for air carrier community of available slots, recognized air cargo workers as the FAA’s proposal, including the not all carriers have the flexibility to ‘‘Essential Critical Infrastructure attachment of strict conditions to the respond commercially to take advantage Workers’’ exempt from shelter-in-place proposed extension of the waiver, of these openings.’’ ACI–NA rules. The CAA also notes that the which ACI World believes are recommends ‘‘that DOT and FAA upcoming ‘‘October-December instrumental to support the recovery of carefully monitor how the proposed timeframe is when demand will peak to aviation by ensuring waivers are not system is applied during W20 and the highest point in the year and this used ‘‘to insulate slots from market account for the results, to include year will undoubtedly present realities during the recovery period.’’ expressions of interest by new entrants challenges for the air cargo industry.’’ ACI World comments that the strict who consider the slot regime to be a CAA urges the FAA to finalize the relief conditions proposed would avoid barrier to entry, in any future proposed through March 27, 2021 and unintended impacts on competition and consideration of limited relief of slot to ‘‘make available unused slots for ensure consumers are protected from utilization requirements through temporary reallocation to air cargo last-minute cancellations. ACI World expanding the timeframe for [returns] to operations.’’ asserts the slot return condition is further encourage utilization of these While IATA generally supports the ‘‘necessary to incentivize airlines to scarce resources.’’ FAA’s intent in providing further relief return slots. . .to enable airports to The PANYNJ comments that it fully from the minimum slot usage safely plan operations, complying with agrees with comments submitted by requirements for the full Winter 2020/ physical distancing requirements and ACI–NA. In addition, given that 2021 season at DCA, JFK, and LGA, encouraging efficient reallocation when ‘‘fundamental shifts in the industry IATA opposes the FAA’s proposed possible;’’ the condition excluding new have occurred,’’ the PANYNJ suggests conditions for a carrier to benefit from allocations from relief ‘‘will avoid the that ‘‘[p]olicy should reflect the the proposed waiver extension. IATA possibility of airlines building up industry’s new reality, and market- asserts that ‘‘[f]ailure to eliminate these historics for the post-COVID–19 future;’’ distorting waivers should not persist for limitations would negatively and and the exclusion of newly transferred years until pre-COVID demand levels unnecessarily impact all carriers slots from relief will ‘‘ensure that return.’’ The PANYNJ further ‘‘concurs operating to U.S. Level 2 and [slot-

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63338 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

controlled] airports as well as expose IATA points out that issuance of the subject to unfair reciprocal treatment in them to restrictions to their operations FAA’s final waiver policy in October other jurisdictions.’’ In addition, the around the world.’’ IATA urges the FAA would prevent carriers from being able oneworld Alliance urges FAA ‘‘to to amend the proposed slot return to meet October and November amend the condition for the return of condition ‘‘to a simple rolling deadline deadlines. unused slots to a four-week deadline prior to operation in line with the rest IATA also seeks clarification of the prior to operation, to align with of the world and grant exemptions for conditions for newly allocated slots, conditions globally.’’ those slots not covered by the return treatment of transfers, and the exception United generally supports the FAA’s period at the start of the season.’’ IATA for certain cancellations that have not proposal for slot-controlled airports to notes that as carriers at U.S. slot- met the conditions ‘‘to ensure maximum the extent the proposal would preserve controlled airports would be required to benefit to the industry.’’ IATA urges the the general status quo, but United return slots that will not be used at least FAA to indicate that it will consider opposes the imposition of any four weeks in advance by the first day ‘‘border or airport closures; quarantine conditions on the relief made available of the preceding month, the effect is a requirements; load restrictions/ given ‘‘the entire point of the Notice is return deadline of four to eight weeks passenger caps; and onerous or to afford relief due to extraordinary prior to operation to be eligible for economically infeasible testing circumstances.’’ Nevertheless, relief. IATA asserts that this ‘‘far protocols’’ in determining whether to consistent with comments from IATA exceeds the conditions of other waivers grant an exception from any conditions and A4A, United urges the FAA to globally, which range from no [return] imposed on the waiver and to establish simplify the process and timing for slot deadline to maximum four weeks in a ‘‘procedure to allow for this returns and to clarify the basis for advance’’ and ‘‘will result in alleviation without unnecessary approving exceptions from the cancellations not dictated by market bureaucratic review and processing that conditions at slot-controlled airports. demand and hinder recovery further.’’ would unnecessarily burden both the Delta supports the FAA’s proposal to IATA asserts the proposal is ‘‘confusing slot coordinator and airlines.’’ IATA extend relief from the minimum slot in terms of implementation, impractical, supports a condition that new slots usage requirements at JFK, LGA, and and unjustifiable given current demand allocated for the Winter 2020/2021 DCA through March 27, 2021, noting and booking behaviors’’ and further that season be excluded from the waiver and that this extension ‘‘will provide ‘‘[i]t is also made practically impossible remain subject to minimum slot usage carriers with critical flexibility and by government restrictions that limit the requirements. However, IATA asks the support the long-term viability of carrier ability of airlines to plan schedules in FAA to clarify the condition for new operations at slot-controlled airports in advance.’’ allocations and, specifically, whether it the United States.’’ Delta encourages the IATA points to evolving government applies to slots allocated for purposes of FAA to amend the proposed return travel advisories, changes to crew the Winter 2020/2021 season regardless condition ‘‘to allow carriers to return a restrictions and requirements, testing of the timing of the new allocation. slot no later than three weeks in regimes, quarantines, and passenger IATA also asks for additional advance of the corresponding flight’’ in booking behavior 19 as examples of clarification concerning the order ‘‘[t]o align the advance slot return considerations that make it challenging circumstances under which a transfer requirement with the current demand for carriers ‘‘to make decisions on their would not be eligible for the waiver. and booking patterns.’’ Delta comments operating schedule by the first of the IATA assumes that condition ‘‘would that the proposed condition requiring month prior to the operating only apply to those transactions returns four to eight weeks in advance month. . .’’ Thus, according to IATA, undertaken 14 days post-publication of of an operation ‘‘would cause carriers would be likely to cancel more the waiver that are not continuing long- commercial and operational challenges flights than otherwise necessary to term transfers.’’ for Delta and other carriers’’ as preserve their long-term access to slots. A4A generally supports FAA’s ‘‘approximately 75% of customer IATA references a collaborative proposal to make relief from the bookings on Delta flights now take place approach used to reach consensus by minimum slot usage requirements within just four weeks of the scheduled available at slot-controlled airports in flight, and approximately one-third of the European Commission (EC), which the United States through the Winter passenger bookings have been occurring has resulted in a three-week deadline 2020/2021 season. However, A4A within just one week of departure.’’ being applied voluntarily at all opposes the FAA’s proposed condition Delta notes that a three-week return European Union and European- for returns and similarly points to the condition would allow ‘‘more coordinated airports for the Winter booking curve, which A4A asserts has operational flexibility while still 2020/2021 season, thus concluding that ‘‘shifted substantially, with more supporting the FAA’s objective of it may be advisable for the FAA to passengers now booking within just a allowing other interested carriers to consider the EC agreed upon deadline. week or two of departure.’’ A4A seeks operate the unused slots on an ad hoc IATA further notes practical challenges the alignment of this proposed basis’’ and be ‘‘more consistent with associated with the proposed return condition with certain foreign international slot waiver and return deadline given the timing of the jurisdictions providing for a three-week standards.’’ announcement of the proposal and rolling return deadline consistent with Star Alliance supports the FAA’s seeks to ensure relief will be provided current demand and booking patterns proposal to extend relief at slot- to carriers to address concerns ‘‘that and in order to increase operational controlled airports in the United States slots for the last week of October and flexibility. through the end of the Winter 2020/ the whole of November will not benefit The oneworld Alliance generally 2021 season, but opposes the FAA’s from the waiver unless they are supports the FAA’s consideration of proposed return deadline to the extent exempted from any return deadlines.’’ continued relief from the minimum slot it ‘‘force[s] airlines to forego flexibility usage requirements, but expresses in recovery opportunities’’ and diverges 19 IATA’s analysis and airline data shows that 67% of U.S. domestic bookings and 46% of U.S. concern that the proposed conditions from foreign jurisdictions that require international bookings are currently made less than ‘‘will negatively impact airlines . . . returns at most four weeks in advance four weeks from travel. and potentially result in carriers being of the date of planned operation.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63339

With limited exceptions, foreign million) fewer flights in 2020 compared operation in line with the rest of the carriers generally support the full to 2019’’ and that ‘‘the overall revenue world.’’ season extension of relief proposed at loss across the industry, including One individual expressed support for slot-controlled airports, endorsing the airports and ANSPs, is estimated at the FAA’s proposal to extend relief at IATA comments and expressing Ö140 billion.’’ A4E also asserts that slot-controlled airports through March opposition to the FAA’s proposed ‘‘[t]raffic is expected to remain 50% 27, 2021, but also advocated for a timeline for returning unused slots. down on 2019 by February 2021.’’ A4E revised return deadline of three to four Foreign carriers articulate two main urges the FAA to reconsider its proposal weeks to be applied on a rolling basis concerns about the FAA’s proposed for slot returns and align its policy with to better align with standards adopted deadline for returning slots: (1) That the Europe’s policy, to require slot returns internationally and to reflect the limited FAA’s return deadline is a global outlier no later than three weeks in advance of ability of carriers to forecast demand up that complicates unified schedule planned operation based on reciprocity to eight weeks prior to operation. planning; and (2) that the FAA’s concerns and patterns of current Polar Air Cargo ‘‘fully supports’’ deadline is too restrictive in the current demand, which make it impossible ‘‘to IATA’s request to extend relief through COVID–19-impacted commercial predict demand more than two or three the full Winter 2020/2021 season, environment. weeks in advance under current elaborating that ‘‘all-cargo carriers like Royal Air Maroc comments that the circumstances.’’ A4E also recommends Polar benefit from the flexibility FAA’s proposed return deadline ‘‘far an exception that ‘‘provides for provided by these slot waivers to exceeds the conditions of other waivers potential alleviation of slot returns schedule extra-sections, as well as globally, which range from no deadline made within three weeks if this is numerous charters, to make up for the to maximum four weeks in advance.’’ caused by circumstances outside of the lack of belly capacity caused by the Royal Air Maroc asserts that, ‘‘[g]iven airline’s control and related to crisis suspension of the vast majority of flights the crisis, airlines are not in a position (e.g. the imposition of travel restrictions by passenger carriers.’’ Polar states that to make decisions on whether or not to at short notice).’’ ‘‘[t]his has allowed the movement of critical medical supplies the world over operate certain flights eight weeks prior ALTA comments that the proposal to and for the global supply chain to to departure.’’ Ethiopian Airlines also extend relief at slot-controlled and Level survive through service to numerous takes issue with the proposed slot return 2 airports ‘‘allows airlines to operate and usually slot-congested airports.’’ timeline, asking that the ‘‘FAA amend flights in an environmentally and However, Polar comments further that [its] proposal for advance slot returns’’ financially sustainable manner instead and ‘‘align with the global best practice ‘‘this policy should be discontinued on [sic] focusing on just filling slots.’’ of requiring returns in advance (one thereafter to permit all-cargo services, as However, ALTA is ‘‘concerned that the week) of the planned date of operation.’’ well as other categories of service that Carriers propose various return proposed [conditions] to the waiver will are being pressed to fill the void in air deadline timelines, with some have undue negative impact on all freight capacity, to qualify for advocating for one week in advance carriers operating to U.S. [slot- permanent awards of the vacated while others proposed two-week, three- controlled] and Level 2 airports and at passenger carrier slots starting in the week, or four-week rolling return the same time expose carriers to unfair Northern Summer 2021 Season.’’ In deadlines. Iberia advocates for the FAA reciprocal treatment regardless of which support of its argument for to require the return of slots three weeks U.S. airport they operate from.’’ ALTA discontinuation, Polar notes that ‘‘[i]t before the date of the operation. Alitalia asserts that the U.S. ‘‘should provide now appears that the recovery of is most concerned with the proposed slot relief that is consistent and equal to passenger services will be much slower, FAA deadline being at the beginning of other countries given the global nature the shrinkage of passenger fleets much the preceding month, proposing a of the airline’s operations and slot greater, and the overall frequency of ‘‘simple’’ four-week rolling deadline holdings on each end of the route.’’ passenger services much lower than instead. Qantas also commented that, ‘‘a ALTA therefore urges FAA to amend the anticipated, underscoring the need for simple four-week deadline prior to condition for returning slots to a simple the continuation of additional all-cargo operation would be appropriate.’’ four-week deadline prior to operation lift and the accompanying slot Cathay Pacific supported a two-week given ‘‘airlines are not in a position to availability.’’ return deadline, commenting that the make decisions on whether or not to Southwest opposes the FAA’s lead-time for cargo services ‘‘will be operate certain flights eight weeks prior proposed extension for relief at slot- even shorter than passenger services.’’ to departure.’’ ALTA also expresses controlled airports in the United States A4E supports the FAA’s proposal to concern about the timing of the proposal through the Winter 2020/2021 season, extend relief at slot-controlled airports and how usage of slots will be but urges that, if the FAA nonetheless in the United States through the end of addressed for the early part of the proceeds with finalizing the proposal, the Winter 2020/2021 season, but Winter 2020/2021 season. ALTA the FAA should affirmatively state in its expresses concern about certain aspects emphasizes the importance of certainty final decision that ‘‘no further usage of the proposal. A4E comments that during this crisis, especially for those waivers will be granted so that all ‘‘[t]ransatlantic routes are critically carriers ‘‘from Latin America and the stakeholders will have ample time to important for some [A4E] members, who Caribbean which have been acutely plan accordingly.’’ Southwest comments provide extensive business and leisure affected with prohibitions of flying in that the conditions placed on the relief connectivity between the United States many cases.’’ are insufficient and ‘‘largely (U.S.) and Europe, and thereby generate The Arab Air Carriers Organization impractical’’ as they do not provide an substantial economic and employment comments that ‘‘industry remains in the adequate incentive or assurance for benefits on both sides of the Atlantic.’’ deepest crisis it has ever experienced carriers like Southwest to invest in new A4E asserts that ‘‘[c]ontinued slot relief with little hope of any return to near service for short-term, ad hoc access to is essential for an industry experiencing normal levels of flying this winter slot-controlled airports. Southwest its most severe crisis in history’’ and season’’ and urges the FAA ‘‘to amend states that, in the absence of a notes that ‘‘Eurocontrol’s recent traffic the condition for returning slots to a ‘‘guarantee that Southwest would be scenarios for Europe forecast 55% (6 simple four-week deadline prior to able to use the reallocated slots

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63340 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

permanently, an investment in new controlled airports, slot-holding carriers by the FAA using a procedure similar to service would not be justified.’’ Lastly, should be required to determine what the DOT’s procedure for issuing CARES Southwest notes that ‘‘[i]f full they will operate for the entire season in Act Service exemptions. Allegiant utilization is required beginning March advance and return slots that will not be comments that it ‘‘knows of no reason 28, 2021, Southwest is prepared not used by October 1; all returned slots its proposal would be any more only to operate its full complement of would then be made available for complex or time-consuming than the slots at both DCA and LGA but would permanent reallocation ‘‘even if the proposal outlined in the Notice,’’ which welcome the opportunity to offer original [slot holders] want them back.’’ Allegiant asserts ‘‘is silent as to how the additional flights using any slots that Spirit suggests that ‘‘FAA can exceed slots turned back in one-month are reallocated on a permanent basis.’’ the caps, if necessary, for one or two increments would be distributed.’’ Spirit opposes the FAA’s proposal in seasons to allow for continuity of Allegiant urges the FAA ‘‘to modify its its entirety as ‘‘unacceptably protective service in the case of low-cost or new proposal so that non-incumbent carriers of dominant incumbent carriers at the entrants, as a scheduling conference is proposing to utilize available capacity at expense of the traveling public and of worked out.’’ Spirit further urges the Level 2 and [slot-controlled] airports low-cost carriers ready and willing to FAA to make clear that, barring a major during the Winter 2020–21 season will serve.’’ Spirit advocates for a ‘‘market- resurgence of COVID–19, this will be have at least four months (December based restructuring of domestic the last waiver at slot-controlled through March) of uninterrupted use of competition.’’ Spirit asserts that the airports. the slots/times they receive, enabling ‘‘proposal contravenes the Allegiant comments that ‘‘an them to offer service on a realistic procompetitive public interest mandate extension of the [current] waiver basis.’’ to which the FAA must adhere and without change would be contrary to the NACA supports the comments penalizes low-cost and new entrant public interest,’’ and ‘‘while the submitted by Spirit and Allegiant and carriers willing to take on risk and modifications stated in the Notice ‘‘believe[s] an extension of these operate new routes and service represent an improvement over the waivers without further modifications immediately.’’ existing situation, they do not go far creates an anti-competitive atmosphere In lieu of the FAA’s proposal, Spirit enough and as such, do not adequately and would be contrary to the public seeks the removal of slot control rules serve the public interest’’ with reference interest.’’ Agreeing with Spirit and and schedule facilitation parameters at to 49 U.S.C. 40101. Allegiant comments Allegiant, NACA believes ‘‘the situation all airports in the United States, at least that ‘‘a public health crisis does not can be easily remedied by simply with respect to domestic operations, in justify hoarding of public assets—in this requiring each incumbent carrier to an effort to ‘‘allow market forces to case, slots at Level 2 and [slot- declare by a date certain which slots it rebuild demand.’’ Spirit suggests a controlled] airports—by any carrier will utilize for the Winter 2020–21 process for reintroducing such when others are prepared to utilize at scheduling season and which it will parameters in the future ‘‘[i]f and when least some of those assets, benefitting not’’ to ‘‘ensure that non-incumbent congestion returns.’’ In the absence of the public.’’ Allegiant comments that carriers would have a reasonable such action, Spirit suggests several ways ‘‘[u]nder the FAA’s approach, the opportunity to provide meaningful in which the rules governing slots flexibility reserved for incumbents Winter 2020–21 service utilizing these should be amended, including revising would confer a competitive advantage public assets.’’ the minimum slot usage requirements on them, given that the most non- Exhaustless, Inc. opposes the and by requiring carriers ‘‘to fly larger incumbents could hope for under the proposed extension of the waiver of the aircraft on routes that begin and end at Notice is ad hoc slots made available in minimum slot usage requirements. This large or medium hub airports, using monthly installments’’ and ‘‘a commenter expresses opposition to the fewer slots, rather than underutilizing competitive advantage conferred by a concept and practice of ‘‘grandfathering slots to prevent new entry.’’ Spirit government agency upon any carrier or slots’’ and requests enforcement of ‘‘(1) believes that ‘‘discontinuing waivers carriers is contrary to the public the statutory terms of all air carrier’s alone is not enough . . . while keeping interest.’’ Allegiant asserts that a proper [sic] economic certificates and (2) the the slot regimes in place’’ as it balancing of interests ‘‘requires that binding case law that declares a encourages incumbents to fly ‘‘empty each group be provided an equal legitimate replacement for the airplanes to preserve their slot priority opportunity to utilize the public assets prohibited practice of grandfathering when they may never use many of these in question.’’ slots.’’ slots and authorizations again.’’ Spirit In lieu of a waiver, Allegiant suggests asserts that the FAA’s proposal for slot that the FAA should require ‘‘each Comments Concerning the FAA’s returns is ‘‘unrealistic, even absurd’’ as incumbent carrier to declare by a date Proposal for Continued Relief at U.S. it does not allow Spirit or other carriers certain which slots it will utilize for the Designated IATA Level 2 Airports looking to add flights to operate Winter 2020–21 scheduling season and As previously explained, ACI World profitably given the lead time necessary which it will not. Slots retained by an expresses full support for the FAA’s for selling flights, crew scheduling and incumbent for the season would be proposal; the FAA therefore securing long-term leases with subject to normal FAA use-or-lose understands this comment as supportive assurance of future long-term priority. requirements. In the case of Level 2 of the FAA’s proposal to provide relief Spirit comments that the FAA’s airports, up-to-date winter schedules at Level 2 airports through December 31, proposal ‘‘[i]gnores the Department and would be required from incumbents by 2020. FAA mandate to set policies in the the same date. Other U.S. carriers The PANYNJ ‘‘acknowledges that public interest.’’ Spirit asks that the wishing to utilize the slots/times thus certain key differences exist in the FAA treat domestic and international made available . . . would apply for management of [slot-controlled] and operations differently and disregard them by a subsequent date certain, Level 2 facilities,’’ observes that the reciprocity concerns raised by other listing the requested slots/times in order absence of slots at Level 2 airports is a commenters. of preference for that carrier.’’ Allegiant ‘‘distinction’’ that ‘‘is critical to the Spirit recommends that, if the FAA suggests that the FAA then assign slots success of Level 2 facilities,’’ and grants a full-season waiver at slot- and priorities and ties could be broken expresses appreciation that the

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63341

distinction ‘‘is acknowledged in the levels at these airports.’’ IATA carriers would have to ‘‘quickly re-hire FAA’s [proposal].’’ The PANYNJ ‘‘also comments that ‘‘even if demand was staff, ensuring that all the training and appreciates that consistency is back to normal levels in January 2021, certification requirements are met, necessary for air carriers to schedule this partial season approach is coming which takes time.’’ A4A contends that their operations in a commercially too late in the winter planning process ‘‘[w]hile no carrier would compromise viable manner, and that both the FAA to permit an 80% flight schedule,’’ safety, the resources and rush that will and airports have traditionally which depends upon selling tickets, need to be employed to ensure this maintained a historic baseline for crew and fleet assignments, airport happens by January 1, 2021 will be schedules properly utilized in the Level facility access, and airport personnel significant and avoidable.’’ A4A 2 environment,’’ but notes that ‘‘in the including airline staff, airport vendors, ‘‘submits that the uncertainty will Level 2 environment [FAA] has no legal and security and immigration further destabilize airlines and make obligation to maintain such a baseline.’’ personnel. recovery even more difficult and JetBlue supports the FAA’s proposal IATA further notes that the FAA’s costly.’’ Moreover, A4A reiterates that that for flights at EWR after December proposal for Level 2 airports coupled ‘‘the bifurcation [of relief at Level 2 and 31, 2020, priority would be based on with the FAA’s policy on reciprocity slot-controlled airports] will distort approved schedules as operated for the ‘‘will likely result in other governments markets and/or cause airlines to fly balance of the scheduling season. imposing additional restrictions on their mostly empty airplanes to avoid losing JetBlue notes that ‘‘EWR has now been previous full season waiver grant for the significant investments that carriers a Level 2 airport for almost five years U.S. carriers serving foreign Level 2 and have made in these airports . . .’’ by and JetBlue continues to grow at EWR.’’ possibly [slot-controlled] airports,’’ ‘‘[f]orcing airlines’’ ‘‘to make an unfair Moreover, ‘‘[g]iven that EWR is a Level which ‘‘will put U.S. carriers at a choice between operating empty 2 airport where any carrier is free to disadvantage versus their competitors at aircraft, losing further resources in a operate flights at any time, JetBlue a time when they can least afford it and distressed market and facing a longer certainly supports the FAA providing force them to spend precious dollars to road to recovery or abandoning the assurances to any carrier at EWR that it maintain their positions at these market and with it the investments it will not lose access to EWR as a result international hubs.’’ IATA references has made to operate in that market.’’ of the partial waiver, if the FAA several reciprocity provisions adopted Also consistent with IATA, A4A ultimately decides to adopt its proposal by foreign jurisdictions as examples points to concerns about reciprocity to only extend the EWR waiver until likely to lead to this result. Lastly, IATA from foreign jurisdictions that have December 31, 2020.’’ also expresses concerns regarding the indicated they only will provide relief IATA opposes the FAA’s proposal for proposed return condition within the to the extent it is provided to their relief at U.S. designated IATA Level 2 context of the Level 2 proposal to the carriers. A4A expresses concern that a airports, asserting that equal relief extent that the return deadline exceeds ‘‘lack of reciprocity will impair should be provided for Level 2 and slot- the conditions of other waivers globally connectivity and therefore distort controlled airports as IATA does not and is ‘‘unjustifiable given current competition and alter passenger demand expect industry recovery in the U.S. demand and booking behaviors.’’ in the future.’’ With respect to its market until 2023 and internationally A4A opposes the FAA’s proposal for reciprocity concerns, A4A reiterates its until 2025. IATA asserts that Level 2 relief at Level 2 airports through concerns about a sudden need to ramp- and slot-controlled airports are December 31, 2020 and seeks alignment up operations given ‘‘[a]irlines have put effectively similar, particularly in the of relief at these airports with the full- significant portions of their aircraft New York City area given comparable season extension of relief at slot- fleets in storage, permitted their decreases in booking and throughput controlled airports. A4A contends that employees to take voluntary furloughs, due to COVID–19,20 and similar the failure to align these policies will and reduced their winter schedules.’’ congestion challenges within the market ‘‘lead to a distortion in the market and This ramp up is expected to put ‘‘strains as well as compared to slot-controlled place dramatic burdens on airlines, put on already diminished carrier airports elsewhere in the world. IATA undue strain on American businesses resources’’ and ‘‘could also put more asserts that it has ‘‘no data . . . that and workers, impact the environment, employees at risk of exposure to the would provide any basis for and set the FAA apart from other global virus as they return to airports and differentiating Level 2 and [slot- regulators.’’ A4A offers that the airplanes—without demand.’’ Lastly, controlled] airports at the mid-winter pandemic and regulatory response A4A asserts that ‘‘[n]o data suggests that 2020/21 season point.’’ IATA further thereto have decimated demand for air asserts that ‘‘[a]irlines will be forced to removing the waivers at Level 2 airports travel 21 and, looking ahead, ‘‘passenger will generate demand, giving new spend their limited cash to ensure traffic is not expected to return to 2019 future access to Level 2 airports’’ as they entrants the opportunity to enter a levels until at least 2024, maybe longer struggling market and displace another ‘‘will be compelled to operate for international traffic.’’ financially unsustainable flights in carrier and its personnel that have Consistent with IATA’s comments, invested substantially in the airport for order to preserve their positions at these A4A asserts that the proposal for Level Level 2 airports’’ where airlines have the long-term.’’ 2 airports will have a substantial United opposes limiting the duration ‘‘made multi-million/billion and multi- adverse impact on the entire industry year investments to support their traffic of relief at Level 2 airports to less than and, particularly on A4A members that the full-season waiver that the FAA operate at these airports. A4A indicates 22 20 IATA notes that according to TSA data, all proposed for slot-controlled airports. three airports are down a total of 85.6% this that carriers already have made plans in United contends that ‘‘[r]elief for both summer compared to summer 2019 throughput and reliance on a forthcoming full-season [slot-controlled] and Level 2 airports the New York City area has the second highest waiver at Level 2 airports. A4A also should be synchronous, parallel, and percentage reduction in scheduled flights in the asserts that based on the proposal, total U.S. market for September (¥74% versus September 2019). IATA reports that LAX, SFO, and 22 In addition to submitting comments for ORD are facing similar challenges, with SFO down 21 A4A also points to TSA throughput data consideration in the public docket, United 85.6% in throughput over 2019, LAX down 80%, indicating a 75% decline in summer 2020 generally submitted additional materials marked as and ORD down 76%. and a decline of 86 percent in the New York market. proprietary and confidential.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63342 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

consistent through the full Winter 2020/ United views the distinction between airports.’’ Star Alliance asserts that 2021 season.’’ According to United, the two levels, slot-controlled and Level continued and consistent relief is disparate treatment of Level 2 airports 2, in the United States as based upon necessary to provide airlines certainty to means that ‘‘airlines serving Level 2 ‘‘airspace management, airport capacity, forward-plan. In the absence of such airports will be forced to take extreme and congestion and delay mitigation relief, Star Alliance asserts that ‘‘airlines actions in order to maintain their considerations rather than on will be forced to fly all their previously operational capability developed over competition.’’ In addition, United allocated movements, or forfeit them,’’ decades at those airports.’’ United references reciprocity concerns connectivity for businesses and asserts that the FAA’s proposed Level 2 consistent with other commenters and communities through Level 2 cities will treatment ‘‘fosters conditions that notes that ‘‘[o]ne of the foundational be negatively impacted, and foreign incentivize carriers to rush aircraft back precepts of the original waiver was to airlines are likely to be disadvantaged into service’’ and thereby ‘‘introduces ensure international reciprocity of by the U.S. not reciprocating the relief needless potential health and safety relief,’’ which ‘‘calls into question adopted by foreign jurisdictions. risks—both to frontline airline whether full season waivers issued by Alaska generally supports the FAA’s employees and the operation.’’ United other countries that are contingent on ‘‘proposal to extend prioritization of references investments at Level 2 reciprocity will be withdrawn or flights cancelled at IATA Level 2 U.S. airports that carriers would be trying to similarly limited to grant only partial airports,’’ but ‘‘urges the FAA to apply protect: ‘‘Carriers have paid substantial relief.’’ United discusses ‘‘the self- the same duration of extension for Level rates, fees and charges, committed to interest of carriers who rely on domestic 2 airports (to March 27, 2021) to align signatory status, and worked business and thus have no concern with the proposed extension date for collaboratively with Level 2 airports to about reciprocity or other second order JFK, DCA, and LGA.’’ Alaska notes that improve gates, terminals, and other effects that a split season and process it has ‘‘sustained a high level of infrastructure. Carriers have established changes will have on international operations across [its] network’’ hubs at Level 2 airports.’’ networks.’’ United further asserts that throughout the pandemic, but that ‘‘an Regarding the prospect of losing ‘‘[a]t a minimum, the current waiver extension of the existing waiver is priority at Level 2 airports, United should remain in effect for two full necessary’’ for ‘‘flexibility to align observes that the ‘‘consequences are scheduling seasons, Summer and scheduling with demand’’ given the severe for airlines, like United, that Winter, so that the concept of ‘‘underlying purpose of an extension is operate international hubs at Level 2 corresponding seasons remains viable’’ the same regardless of whether an airports,’’ and notes that ‘‘United would and to ensure stability. United also airport is categorized as Level 2 or [slot- be singularly affected’’ because ‘‘United recommends that the FAA ‘‘consult controlled]’’ and ‘‘there is no reason to has a hub at each of those airports, with carriers, slot coordinators, and expect that demand at Level 2 airports where it has contributed through rates, IATA before altering international and will recover more quickly than at [slot- charges, and fees to improve facilities industrial norms.’’ controlled] airports.’’ and built a robust international Lastly, United acknowledges the The FAA received 33 comments from network.’’ United notes that ‘‘[b]ecause existence of ‘‘long-standing disputes’’ foreign air carriers, all of whom believe of reduced demand . . . United has about slot controls and schedule the FAA should extend the waiver for already been particularly affected by the facilitation and how to balance the IATA Level 2 airports through the end drop in international travel that has, in interests involved, but argues that the of the Winter 2020/2021 scheduling turn, exacerbated the drop in domestic goal now should be ‘‘preservation, not season. A number of foreign air carriers travel’’ and ‘‘[i]f other airlines are able reconstruction,’’ and that ‘‘[t]he last express concern that ending relief at the to establish priority for ad hoc time that government should tinker with Level 2 airports could hamper access to operations, United will be blocked from airline markets and competition is the U.S. market, slow the recovery of the reopening the passageways when the during the most severe threat in history international air market, and financially crisis abates.’’ to the survival of the industry.’’ United harm carriers trying to remain viable United comments that ‘‘[a]s a matter asserts that ‘‘it is far too early to draw enterprises during COVID–19. Foreign of reasonable notice and fairness, any conclusions about a ‘new air carriers believe that ending Level 2 airlines should have been provided paradigm’ ’’ and warns against ‘‘the false relief would force them to sever and more fulsome notice and time for public assumption that the situation over the forfeit long-established international air comments, and government should have past six months signals permanent connections between their respective afforded itself more time to consider the change to demand patterns’’ rather than countries and the United States or second- and third-order effects of a an ‘‘artificial landscape (i.e., an maintain such ties by operating at a decision to change prioritization.’’ environment shaped by the effects of the tremendous financial loss. Carriers United emphasizes that the current pandemic and government submitted information about forward waiver in effect has not precluded restrictions).’’ bookings in their relevant markets. For carriers from seeking and gaining The oneworld Alliance urges the FAA example, Alitalia submits data showing approval from the FAA for ad hoc use ‘‘to amend its proposal to provide relief that the U.S.-Italian passenger market of temporarily available slots and at Level 2 airports for the full winter continues to be depressed by more than movements. United also argues that the 2020/21 season, through 27 March 2021, 80 percent due to COVID–19 related FAA’s proposal would lead to to ensure equal treatment for operators impacts. Air France and KLM highlight ‘‘perverse’’ results and encourage at these airports and at [slot-controlled] that, ‘‘our sector is suffering from an ‘‘manipulation,’’ offering as an example airports, as well as other airports unprecedented crisis.’’ Turkish Airlines that a major carrier operating at JFK or globally where waivers have been notes that, ‘‘[t]he industry remains in LGA would benefit from the waiver granted.’’ the deepest crisis it has ever there, and could then commence ad hoc Star Alliance urges the FAA to experienced with little hope of any flights at EWR, moving its NYC area maintain consistency in its relief for return to near normal levels of flying operations in a manner that secures Level 2 and slot-controlled airports, this winter season. The number of priority at EWR while also preserving which would ‘‘ensure global passengers carried by Turkish Airlines unoperated slots at JFK or LGA. consistency in the non-discrimination of to the USA between July–August 2020

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63343

decreased by 73 percent compared to prepared. Our schedule needs competitive impacts. Senator Booker between July–August 2019, which is a considerable operational and notes that ‘‘January is a known low- severe example of the decrease in commercial review if we are to return to demand period for airlines and demand demand.’’ 23 flying in January.’’ for air travel is expected to continue to The commenting foreign air carriers A4E urges the FAA to ‘‘reconsider its hover around 40% compared to pre- largely assert that the FAA’s Level 2 proposal and to provide alleviation at COVID–19 levels,’’ but an abrupt end to proposal would force them to either Level 2 airports for the full winter the relief already provided ‘‘will result operate flights at a large cost or season . . . to ensure equal treatment in many barely filled or empty airplanes potentially cede access to the United for operators [at all slot-controlled and being forced to fly.’’ The Greater States market. Air Canada states that Level 2 airports] . . . and to ensure Houston area delegation comments that ‘‘[t]he current FAA proposal goes consistency with the full season waivers the proposal ‘‘runs the risk of forcing against the international norms applied that have been planned or granted at carriers . . . to make dramatic to [slot-controlled] and Level 2 airports. other airports globally, including scheduling changes at a time where It cuts the Winter season into two Europe.’’ A4E notes that ‘‘[w]ith the certainty is desperately needed’’ as a halves, each with different rules and European Union (EU) set to introduce a ‘‘split season waiver makes it difficult requirements, and introduces an waiver for the full winter season, for carriers to properly prepare a entirely new, punitive structure that European airlines may potentially face a demand-driven schedule, and could forces airlines to fly all their previously difficult situation by the end of 2020, impose significant financial and allocated movements or, apparently, knowing that a slot at one end of the operational concerns on air carriers.’’ forfeit them.’’ Singapore Airlines calls route is protected but could be lost at The Illinois delegation sees ‘‘no reason the FAA’s Level 2 proposal ‘‘extremely U.S. level 2 airports.’’ to treat Level 2 and [slot-controlled] concerning,’’ and comments that, As previously discussed, ALTA is airports separately—the COVID ‘‘[w]hen we are on the path to recovery, ‘‘concerned that the proposed pandemic has impacted the aviation it is extremely stressful if these slots we [conditions] to the waiver will have industry uniformly,’’ and accordingly have been utilising [sic] in the Level 2 undue negative impact on all carriers ‘‘urge[s] the FAA to simply continue its U.S. airports are no longer available to operating to U.S. [slot-controlled] and equal treatment of congested airports in us. This will further slow down the rate Level 2 airports and at the same time the [United States] until we are on the of recovery and dampen our presence in expose carriers to unfair reciprocal road to recovery.’’ the [United States] market.’’ treatment regardless of which U.S. State and local officials from Foreign air carriers also emphasize in airport they operate from.’’ ALTA California and Illinois 25 similarly urge their comments that the FAA proposal therefore, urges the FAA to provide the FAA to continue equal treatment of for ending Level 2 relief on December relief at Level 2 airports for the full congested airports in the United States 31, 2020 is not in alignment with winter season. ‘‘until we are on the road to recovery.’’ The Arab Air Carriers Organization policies at non-U.S. airports, which These officials advocate for a also supports the comments of IATA could cause reciprocity concerns for sustainable aviation recovery and the ‘‘urging the U.S. FAA to provide relief U.S. carriers. Deutsche Lufthansa writes economic benefits that aviation brings to at Level 2 airports for the full winter that ‘‘[f]or the U.S. Level 2 airports . . . communities and workers [across] the season, through to March 27, 2021 to we cannot accept the proposal to limit U.S., which these officials assert ensure equal treatment for operators at the extension only until December 31, depends on flexibility for carriers to EWR, LAX, ORD and SFO to those at 2020, basically splitting the winter match demand with capacity. These [slot-controlled] airports and the full season in half’’ and observes that officials comment further that given season waivers granted at other airports ‘‘countries whose airlines are globally.’’ COVID–19 impacts are the same for disadvantaged by this differential Twenty-two members of Congress 24 airlines operating to all airports, treatment in the U.S. might in return collectively submitted three comments congested airports should be treated the only grant waivers until December 31 advocating for an extension of the relief same by the FAA. These officials also for U.S. carriers operating to those already provided at Level 2 airports reference the likelihood that carriers countries on the principle of through the Winter 2020/2021 season ‘‘will be forced to operate ‘ghost reciprocity.’’ These carriers also note consistent with the proposal for flights’ ’’ to retain slots and schedule that most global aviation regulators and extending relief at slot-controlled approvals and emphasize that the U.S. slot coordinators have granted relief at airports. These members of Congress would ‘‘stand alone if it continues with Level 2 airports for the entirety of the express concern about the termination this policy proposal,’’ subjecting U.S. scheduling season. of relief at Level 2 airports and jobs and travelers to even greater risk Foreign air carriers also note difficulty associated financial, labor, and uncertainty. planning to operate service starting environmental, operational, and The IAMAW and PAFCA–UAL January 1, 2020 in light of the timing of submitted comments substantially FAA’s issuance of its proposed policy. 24 The twenty-two members of Congress who similar to the comments submitted by Avianca, for example, comments that submitted comments include Senator Cory A. the State and local officials. The ‘‘[t]he proposals for the US relief are Booker, Senator Dick Durbin, Senator Tammy Association of Flight Attendants-CWA coming very late in the planning for Duckworth, Representative Mike Quigley, also urges the FAA to maintain Representative Darin LaHood, Representative Bobby winter operations. We cannot simply L. Rush, Representative Raja Krishnamoorhi, harmonization of the COVID–19 relief have crew and fleet ready to operate Representative Mike Bost, Representative Rodney again from January 1, 2021 without Davis, Representative Bill Foster, Representative 25 These State and local officials from California considerable costs and time to ensure all John Shimkus, Representative Daniel W. Lipinski, and Illinois include State Controller Betty T. Yee, Representative Adam Kinzinger, Representative State Senator Jerry Hill, State Senator Shannon operating and safety aspects are duly Cheri Bustos, Representative Robin L. Kelly, Grove, State Senator Patricia C. Bates, Representative Danny K. Davis, Representative Assemblyman Vince Fong, Assemblyman and 23 Turkish Airlines also submitted a substantially Bradley S. Schneider, Representative Jan California Aviation Caucus Chair Jim Patterson, Los similar comment to the U.S. Department of State. Schakowsky, Representative Kevin Brady, Angeles Councilmember Joe Buscaino, Governor JB That comment has been posted to the public docket Representative Dan Crenshaw, Representative Pete Pritzker, State Senator Bill Brady, and State for this proceeding. Olson, and Representative Randy Weber. Representative Jim Durkin.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63344 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

for Level 2 airports and slot-controlled community cannot also bear a market fundamental a prerequisite to that airports in the United States through the distortion which results in a weakened recovery—requires policy decisions end of the Winter 2020/2021 season. In carrier base at O’Hare.’’ predicated on stability and support of its views, the Association Many commenters also stressed the predictability,’’ as ‘‘[i]t makes little states that ‘‘the current FAA COVID–19 potential environmental and carbon sense to base policy on calls to ‘let the policy to treat congested airports impact of operating ‘‘ghost flights’’ to market function’ when there is no equally . . . is the best way forward at ‘‘maintain slots.’’ The Environmental functioning market.’’ In addition, as this time’’ and suggests that this Law and Policy Center comments that previously noted, this commenter approach can be re-evaluated and ‘‘[u]ntil the minimum usage waiver was proposes that the FAA reconsider the adjusted if needed, ‘‘once we are on the put in place last March, ‘ghost flights’ return deadline and adopt a three to path to recovery.’’ wasted fuel and contributed to climate four week rolling deadline in lieu of the The FAA received 54 comments from change for the sole purpose of allowing proposal. a diverse array of businesses and airlines to retain slots at airports. The Another individual commenter organizations, including Visa Inc., the [initial] waiver was thus a sensible, objects to the proposed relief from the United States Chamber of Commerce, common sense response to the minimum slot usage requirements. This the California Chamber, the unprecedented drop in travel demand commenter acknowledges that COVID– Environmental Policy and Law Center, caused by COVID–19.’’ 19 ‘‘has certainly disadvantaged most of Oracle, and dozens of others. The Travelers United disapproves of the the legacy carriers and has lead [sic] to majority of comments focused on FAA’s proposal, arguing that ‘‘[t]he free substantial downsizing in their fleets advocating for an extension of the Level market should be allowed to function as and workforce,’’ but asserts that ‘‘other 2 waiver through the end of the Winter the industry rebuilds itself over the next carriers, such as Southwest Airlines, 2020/2021 scheduling season, with several years,’’ that ‘‘the existing slots Frontier, Spirit, and Allegiant, have a commenters iterating concerns about the waiver should not be extended,’’ and different business model that will allow economic and environmental effects of that ‘‘[i]f extended, the FAA should them a far quicker recovery.’’ This ending relief on December 31, 2020. indicate that this will be the final commenter argues that ‘‘[c]ontinuing to Many of these organizations used extension.’’ According to Travelers deny other carriers who may be capable similar phrasing to the effect that ‘‘[o]ur United, ‘‘[t]he free market should be of using these slots economically the ask is to simply treat Level 2 and [slot- allowed to reallocate the use of these right to claim these underutilized slots controlled] airports the same, as the slots, which are actually owned by the just promotes a monopoly that COVID 19 impacts to airlines operating public, to airlines that are willing to disadvantages taxpayers and to these airports are the same.’’ The provide service for the benefit of the customers.’’ African American Chamber of public.’’ Travelers United contends that As previously discussed, Spirit Commerce of New Jersey contends that a ‘‘free market will allow all airline opposes the FAA’s proposal in its ‘‘the FAA’s proposal to provide consumers greater choices.’’ entirety. With regard to the FAA’s Level disparate treatment to air carriers at In addition, 71 individuals 2 proposal, Spirit comments that the Level 2 airports as compared to carriers commented on the FAA’s proposed Level 2 designations at EWR, LAX, at [slot-controlled] airports would discontinuation of relief at Level 2 ORD, and SFO ‘‘should end now given address the pandemic-induced demand airports beyond December 31, 2020. the low airport utilization and the disruption by picking market winners Most of the individual commenters (69 minimum three-year expectation for and losers.’’ Commenters assert that the in total) comment to the effect that the recovery’’ or ‘‘[a]t an absolute minimum, proposed Level 2 policy would impose FAA should, ‘‘extend through the end of FAA should eliminate the flight caps at large costs on air carriers either through the International Air Transport EWR as irrelevant for the foreseeable loss of market access or through Association (IATA) 2020/2021 winter future.’’ Spirit asserts that if limits are increasingly unprofitable flying during season the COVID–19 related policy that needed again in the future ‘‘FAA can COVID–19. prioritizes flights canceled at IATA consider first raising the caps’’ to 2017 Visa Inc. writes that ‘‘[r]ather than Level 2 airports in the [United States].’’ levels and ‘‘if necessary and pursuant to support an aviation recovery—and by Most of these 69 commenters are statute, hold a scheduling conference to extension a wider economic recovery— individual employees of United and fairly allocate slots based on an the FAA’s policy proposals do the their comments are substantially assessment of pre-COVID operations, opposite,’’ and asserts further that ‘‘the similar, though some comments reflect and operations over the two years proposed Notice . . . imposes severe on how FAA policies could have an preceding the need to reimpose the consequences for an airline not flying its impact on an airline employee’s career. caps.’’ Moreover, as discussed full allocation of movements.’’ One individual commenter asserts previously, Allegiant proposes an Commenters assert that the broader that ‘‘the proposed partial-season alternative process in lieu of a waiver economic recovery from COVID–19 is extension arbitrarily discriminates for both slot-controlled and Level 2 going to depend in part on continued between the users of slot-controlled and airports, which would require updated connectivity at U.S. Level 2 airports that Level 2 airports and will visit far more schedules from incumbent airlines serve as major domestic and damage than benefit on the industry, based on planned operations over a international connection points. with little or no offsetting benefit to the three to four month period for Stressing the importance of good air traveling public’’ or to new entrant reallocation to non-incumbent carriers connectivity to their local and regional carriers, because incumbents will opt to like Allegiant. Similarly, ‘‘NACA economy, the Illinois Chamber of fly mostly empty airplanes to keep recommends that the FAA should Commerce comments that ‘‘Chicago area priority. This individual also referenced immediately end the Level 2 businesses depend on the routine international reciprocity concerns and designation at ORD, EWR, LAX, and functioning of the aviation industry at the likelihood of foreign jurisdictions SFO in light of the historically low O’Hare in order to survive and thrive,’’ adopting partial season relief for U.S. airport utilization and the legacy and states further that ‘‘[a]s the economy carriers at both Level 2 and slot- carriers’ own forecasts that a return to continues to suffer the economic fallout controlled airports. This individual pre-pandemic levels of passenger of the pandemic, the Illinois business asserts that ‘‘—so demand will take three years or more.’’

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63345

As previously noted, some acknowledged the interests of carriers applied, if a government’s official action commenters seek to supersede the Level with limited or no access to constrained (e.g., travel prohibition or other 2 policy proceeding entirely by airports in the United States and the restriction due to COVID–19), prevents encouraging the Federal Government to interests of airports in serving their local the operation of a flight on a particular establish broader economic/market- community and rebounding from route that a carrier otherwise intended based aviation industry recovery COVID–19. Further, the FAA agreed that to operate. This exception will be policies and/or change the regulatory any additional relief from the minimum administered by the FAA in policy landscape for managing slots and slot usage requirements at U.S. slot- coordination with the Office of the schedule facilitation in the United controlled airports should be tailored Secretary of Transportation (OST). This States. narrowly to afford increased access to exception will apply under Discussion of Relief for Slot Holders at carriers that are willing and able to extraordinary circumstances only in U.S. Slot-Controlled Airports (DCA/JFK/ operate at these airports, even if on an which a carrier is able to demonstrate an LGA) ad hoc basis until such time as slots inability to operate a particular flight or revert to the FAA for reallocation under comply with the conditions of the At the present time, COVID–19 the governing rules and regulations at proposed waiver due to an official continues to present a highly unusual each slot-controlled airport. governmental prohibition or restriction. and unpredictable condition that is Based on the comments received in A carrier seeking an exception may beyond the control of carriers. As this proceeding, the FAA has provide documentation demonstrating demonstrated in comments submitted determined to make available to slot that the carrier qualifies for the by carriers as well as industry holders at DCA, JFK, and LGA a waiver requested exception. If documentation advocates, passenger demand has from the minimum slot usage is not provided in support of a request decreased dramatically as a result of requirements due to continuing COVID– for an exception, the FAA and OST will COVID–19,26 and is expected to remain 19 impacts through March 27, 2021, make a determination based on publicly as low as 40–50% of 2019 demand subject to each of the following revised available resources. during the upcoming Winter 2020/2021 and clarified conditions: The FAA believes this final decision season, even as there are some signs of (1) All slots not intended to be operated on further relief at slot-controlled limited recovery in some markets and must be returned at least four weeks prior to airports for the Winter 2020/2021 some restructuring of airline operations. the date of the FAA-approved operation to season maintains a reasonable balancing The ultimate duration and severity of allow other carriers an opportunity to operate of the various competing interests in an COVID–19 impacts on passenger these slots on an ad hoc basis without uncertain environment with ongoing demand in the United States and historic precedence. Compliance with this COVID–19-related impacts and within internationally remain unclear. Even condition is required for operations scheduled from November 12, 2020 through the bounds of the current regulatory and after COVID–19 is contained, impacts policy landscape for slot management in on passenger demand are likely to the rest of the Winter 2020/2021 season; therefore, carriers should begin notifying the the United States. The FAA believes this continue for some time. FAA of returns on October 15, 2020. Slots for approach is appropriate to provide In its proposal, the FAA the period from October 28, 2020 through carriers with flexibility during this acknowledged the need for slot holders November 11, 2020 are not subject to this unprecedented situation, to support the to have some flexibility in decision- condition.27 long-term viability of carrier operations making as the severe impacts of the (2) The waiver does not apply to slots at slot-controlled airports while also newly allocated for initial use during the COVID–19 public health emergency supporting economic recovery, and to continue, but further noted that what Winter 2020/2021 season. New allocations meeting minimum usage requirements would reduce the potential for a long-term starts as a highly unusual and waiver to suppress flight operations for unpredictable condition may eventually remain eligible for historic precedence. The waiver will not apply to historic in-kind slots which demand exists. The FAA also become foreseeable. Indeed, many within any 30-minute or 60-minute time believes this decision is more consistent airlines may well be on their way to period, as applicable, in which a carrier seeks with the approach taken by other restructuring their operations in and obtains a similar new allocation (i.e., jurisdictions. response to a new, albeit volatile, arrival or departure, air carrier or commuter, The FAA received a number of environment. There may come a point if applicable). comments and requests for clarification in time at which ongoing waivers to (3) The waiver does not apply to slots on the proposed conditions and preserve pre-COVID slot holdings could newly transferred on an uneven basis (i.e., exception, including some general impede the ability of airports and via one-way slot transaction/lease) after October 15, 2020, for the duration of the comments from carriers that the airlines to provide services that may transfer. Slots transferred prior to this date conditions are not strict enough, as well benefit the economy. The FAA may benefit from the waiver if all other as others such as the comment from conditions are met. Slots granted historic 26 Multiple carriers commented on decreased Southwest that the conditions placed on precedence for subsequent seasons based on the relief are insufficient and ‘‘largely demand and financial losses. A4A commented that this proposed relief would not be eligible for ‘‘about one-third of the US fleet is parked’’ and transfer if the slot holder ceases all impractical’’ as they do not provide an provided information on bookings on U.S. domestic 28 adequate incentive or assurance for flights and U.S. international flights for October operations at the airport. 2020 through March 2021 as of August 2020 vs. carriers like Southwest to invest in new Additionally, an exception may be service for short-term, ad hoc access to August 2019. IATA provided similar information granted and the waiver therefore for the U.S. Level 2 and slot-controlled airports. As slot-controlled airports. Southwest discussed earlier in this notice, A4A and IATA also states that, in the absence of a provided information on TSA passenger screening 27 The usual process for treating slots as used for data in 2020 compared to the same periods in 2019. the Thanksgiving and Winter holiday periods ‘‘guarantee that Southwest would be The FAA notes that additional information on TSA provided by 14 CFR 93.227(l) of the High Density able to use the reallocated slots passenger checkpoint throughput data for 2020 and Rule and the JFK and LGA orders will still apply permanently, an investment in new 2019 is available at https://www.tsa.gov/ and will not be superseded by this decision. service would not be justified.’’ coronavirus/passenger-throughput. A4A maintains 28 The FAA notes that this provision is not additional information on COVID–19 related data at intended to apply to continuing long-term transfers Additional comments, clarifications, https://www.airlines.org/dataset/impact-of-covid19- that are already part of the operating environment and changes to the conditions and data-updates/#. pre-dating October 15, 2020. exception are discussed below.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63346 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

Slot Return Deadline contend that it disproportionately favors slot holdings; (5) the compliance issues The FAA is amending the return incumbent airlines and does not provide for returning slots and receiving a deadline to a simple, rolling four-week sufficient notice or certainty for carriers waiver for slots in the last week of time period beginning October 15, 2020, to add flights during the Winter 2020/ October and potentially the month of for purposes of planned operations four 2021 season; they propose alternative November depending on when the final weeks from that date on November 12, return processes for the full season to FAA policy is issued; and (6) the 2020. The four-week return period will allow greater certainty of ad hoc reasonable expectation that this return not apply to slots for the period from operations for multiple months. deadline will in fact result in some level Nevertheless, the FAA is persuaded October 28, 2020 through November 11, of ad hoc operations rather than by comments supporting a shorter, 2020. Usage will be waived for COVID– inactivity. The FAA considered rolling return period, while believing proposals for shorter rolling return 19 cancellations during this period there remains a valid basis for making deadlines, but believes four weeks consistent with the other conditions slots returned to the FAA available to strikes a reasonable balance to support applied to the waiver. other carriers for as long as possible The FAA notes that this condition is the FAA’s objective of allowing other consistent with the current slot a minimum requirement for carriers to interested carriers to operate unused management rules in effect. A4A, A4E, slots on an ad hoc basis. benefit from the waiver. However, the IATA, oneworld Alliance, Star Alliance, FAA strongly encourages carriers to ALTA, and the Association of Asia Newly Allocated Slots return slots voluntarily as soon as Pacific Airlines supported a shorter The FAA proposed the waiver would possible and for as long a period as period by which unused slots would not be made available for net newly- possible during the Winter 2020/2021 need to be returned to qualify for a allocated slots eligible for historic season so that other airlines able to add waiver. Likewise, many foreign and precedence, based on allocation or increase operations on an ad hoc domestic air carriers supported a decisions made prior to the start of the basis may do so with increased shorter, rolling deadline or endorsed Winter 2020/2021 scheduling season. certainty. The FAA understands that comments filed by IATA. Experience IATA had included a similar condition there is a lag period between when has shown that, even in the absence of in its recommendations for schedule changes are submitted to the any return deadline in connection with consideration globally, and IATA agrees distribution systems and when the waiver the FAA provided during the that ‘‘new slots allocated from the pool 29 schedules are made public. To help Summer 2020 season, carriers still have for the winter 2020 season must be inform future decisions, the FAA flown ad hoc operations in unused operated according to normal 80/20 intends to monitor the results of the slots; looking ahead to Winter 2020/ requirements, and therefore are not return deadline, including trends on 2021, CAA specifically asks ‘‘that the eligible for winter season waivers.’’ how close to the deadline returns are FAA make available unused slots for IATA suggests, however, amending made to the FAA and whether the temporary reallocation to air cargo the proposed condition to include returns are sufficient to meet demand operations’’ and states that ‘‘the newly allocated slots regardless of the for the following few weeks. Multiple October-December timeframe is when timing of the new allocation, and not industry groups and airlines, including [air cargo] demand will peak to the limit the condition to allocation a number of the largest operators at the highest point in the year.’’ Polar Air decisions made prior to the start of the Level 2 and slot-controlled airports, Cargo notes that ‘‘all-cargo carriers like season. Information submitted by Air cited the impacts of COVID–19 on Polar benefit from the flexibility New Zealand indicates newly allocated demand, their operations, and cash flow provided by these slot waivers to slots at New Zealand airports are not positions in support of the FAA granting schedule extra-sections, as well as eligible for a Winter season waiver, a full season waiver at slot-controlled numerous charters, to make up for the without reference to whether the airports. Those supporting similar lack of belly capacity caused by the allocation was made prior to or after the alleviation at Level 2 airports for the full suspension of the vast majority of flights start of the season. In Europe, A4E, season rather than through December by passenger carriers.’’ IATA, Airports Council International- 31, 2020, as the FAA proposed, cited the As noted in comments, the FAA’s Europe, and the European Union difficulties with adding significant new change to the final return deadline Airport Coordinators Association flights starting in January, even with condition as compared to the proposal reached voluntary agreement on three months or more notice. That is based on a number of factors conditions for Winter 2020/2021 suggests that some carriers have made including: (1) The occurrence of the providing that ‘‘slots newly allocated decisions that at least some flights will return deadline varying from as little as and operated as a series may be not operate. The FAA believes carriers four weeks to as much as eight weeks in considered for historic status only if may often be in a position to well advance based on when in the month they meet the 80% usage exceed the minimum four-week slot the operation occurs, because of the requirement.’’ 30 Waivers granted for return deadline that the FAA is proposal’s use of a fixed return deadline other foreign airports contain similar adopting. rather than a rolling deadline; (2) the exclusions for newly allocated slots. The FAA recognizes that commenters impracticality of a return deadline up to The FAA agrees that it is not including ACI World, ACI–NA, and eight weeks in advance when demand necessary to make a distinction based PANYNJ support the return deadline as and passenger bookings have been on when a new slot allocation from the proposed. Furthermore, Allegiant, materializing much closer in time to the available slot pool is approved, and Spirit, and NACA oppose even the scheduled flight than that; (3) the accordingly, the FAA is removing the proposed return deadline as they divergence from other waivers already reference in the condition that refers to issued globally that range from no allocation decisions made prior to the 29 The FAA encourages submission of advance return deadline up to four start of the Winter 2020/2021 cancellation as early as feasible and carriers are weeks on a rolling basis; (4) the reminded that they may mark specific information scheduling season. In addition, the FAA as PROPIN, if applicable. Carriers should identify complications for reciprocal treatment a date when the PROPIN limitation would no longer of U.S. carriers at foreign airports and 30 https://ec.europa.eu/commission/presscorner/ apply. potential impacts to their operations or detail/en/STATEMENT_20_1645.

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63347

clarifies that in considering net newly- similar. For example, a one-week In the final text of the exception, the allocated slots for the purposes of this transfer in a prior season that is FAA made limited changes to clarify condition, the FAA will review a proposed for a full season transfer in that: (1) The exception only would be carrier’s historic slots in conjunction Winter 2020/2021 would not be considered based on evidence of an with any newly allocated slots for the considered a long-term transfer that is official prohibition or restriction issued Winter 2020/2021 season. The FAA already part of the operating by a governmental authority related to does not intend for the waiver to apply environment. A prior transfer for a COVID–19 (such as a travel ban) that for historic slots while a newly allocated substantial portion, but not the full prevents a carrier from operating on a slot in the same time period potentially season, could be extended to the full particular route at a particular date/time meets minimum usage and qualifies for Winter 2020/2021 season and meet this (consistent with the FAA’s historic status. For example, the waiver condition. Carriers would still need to approval or authorized slot); (2) non- would not apply to historic slots unused meet the eligibility to hold slots and binding protocols, guidance, and other on the basis of COVID–19 if newly comply with transfer provisions in the policies issued by any entity related to requested and FAA-allocated FAA rules and Orders. Further, the FAA COVID–19 will not be considered to be comparable slots (e.g., arrival/departure, notes that it adopted a date certain for a valid basis for an exception; and (3) a air carrier/commuter) or operating this condition to simplify the policy and carrier’s intent to operate will be approvals are able to be operated in the align with the timeline for beginning evaluated for possible exception based same 30-minute or 60-minute time compliance with the slot return upon several factors, including period, as applicable. Both the historic condition. published schedules, carrier website slots as well as the newly allocated slots information, flight cancelation in that time period would be excluded Limited Exception Based on Specific information from flight plans or other from the relief made available in this COVID–19-Related Government FAA operational sources, carrier notice. The FAA also will closely Prohibitions or Restrictions statements on operational plans or review requests that could result in In the September 11, 2020, notice, the market restrictions, and information carriers obtaining relief in one time FAA proposed to apply each of the provided by airlines, airports, or other period while potentially gaining historic foregoing conditions in considering parties. If the exception is determined rights or priority through operations in whether a slot-holding carrier has not to apply, carriers will be expected another time period. justification for a waiver based on the to meet the conditions of the waiver or operate consistent with applicable Slots Newly Transferred on an Uneven non-use of a slot due to COVID–19 minimum slot usage requirements. Basis impacts, subject to a limited exception. As proposed, this exception would have The FAA seeks to avoid a situation in IATA requested clarification on this applied only under extraordinary which this exception swallows the rule; condition, specifically the statement circumstances in which a carrier is able accordingly, the FAA does not agree that ‘‘this provision is not intended to with comments suggesting a broader to demonstrate an inability to operate a apply to continuing long-term expansion of the exception. The FAA particular flight or comply with the transfers.’’ The FAA received comments believes that applying the exception as conditions of the proposed waiver due from a few airlines requesting broadly as some commenters seem to to a governmental action directly clarification but without raising specific anticipate would negate the underlying restricting travel due to COVID–19. questions. purpose of the conditions and would For the purposes of Condition 3, the The FAA is finalizing the exception not adequately incentivize the timely FAA clarifies that it considers long-term largely as proposed, but is providing return of unused slots or notification of transfers (i.e., one-way slot transfers and additional clarification based on canceled operations. The concern about leases that had previously been comments received. IATA urges the unnecessary bureaucratic review and approved by the FAA for the Winter FAA to provide clarification that ‘‘travel processing in administering this 2019/2020 or Summer 2020 scheduling restrictions’’ and ‘‘government action’’ exception is mitigated by the intent that seasons) to be a part of the established would ‘‘include the various factors that relief under this exception will be operating environment. Airlines seeking may make a particular flight afforded sparingly rather than to transfer slots after October 15, 2020 unsustainable, including but not limited frequently. That said, articulation of will not be able to qualify for a waiver to: Border or airport closures; specific categories of qualifying as to those slots under this condition. Quarantine requirements; Load circumstances would unnecessarily Carriers may still opt to engage in restrictions/passenger caps; and restrain the flexibility that the exception uneven transfers, but in doing so, would Onerous or economically infeasible is intended to provide. not be eligible for a waiver of the testing protocols.’’ IATA further urges minimum usage requirement for the the FAA ‘‘to put in place a procedure to Discussion of Relief for Operators at associated slots for the Winter 2020/ allow for this alleviation without U.S. Designated IATA Level 2 Airports 2021 season. Carriers are reminded that unnecessary bureaucratic review and (EWR/LAX/ORD/SFO) they would still be required to request processing that would unnecessarily The FAA proposed to extend, through approval from the FAA for any transfers, burden the slot coordinator and December 31, 2020, its COVID–19- consistent with applicable provisions in airlines.’’ JetBlue requests a ‘‘broad related policy for prioritizing flights the FAA rules and Orders. In understanding of criteria for government canceled at designated IATA Level 2 determining whether a proposed slot mandated closure waivers.’’ United asks airports in the United States, including transfer would qualify as a long-term for clarification on ‘‘extraordinary EWR, LAX, ORD, and SFO, for purposes transfer for these purposes, the FAA circumstances,’’ which it believes could of establishing a carrier’s operational will review prior approved transfers. In include ‘‘quarantines, travel constraints, baseline in the initial months of the next particular, the FAA would review the border closures, testing requirements, corresponding season, also with duration of prior season transfers limited airport hours, crew entry and additional conditions as described relative to transfer requests for the rest exclusions, local curfews, caps on herein. This limited extension was Winter 2020/2021 scheduling season to the number of arriving international proposed in recognition of the fact that see if the duration of the transfers is passengers, and operating limitations.’’ the IATA Level 2 construct differs from

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63348 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

the rules and process in place at slot- prohibition or other restriction due to at one airport in the New York City area, controlled airports; the concepts of COVID–19), prevents the operation of a EWR, which could result in carriers historic rights, series of slots, and flight on a particular route that a carrier leveraging the waiver at JFK or LGA to minimum usage requirements do not otherwise intended to operate. This preserve slots at those airports while exist under the Level 2 construct. As exception will apply under adding operations at EWR to attempt to stated in the proposal, the FAA believes extraordinary circumstances only in gain priority there. The FAA has the voluntary, cooperative nature of which a carrier is able to demonstrate an observed cases in Summer 2020 and Level 2 schedule facilitation is less inability to operate a particular flight or requests for Winter 2020/2021 where amenable to continuing a policy that comply with the conditions of the airlines seek additional operations at provides priority for flights that are not proposed waiver due to an official EWR in hours that were previously at operated for extended periods of time governmental prohibition or restriction. the scheduling limits while benefitting while potentially denying access to A carrier seeking an exception may from a minimum usage waiver for slots carriers that are willing and able to add provide documentation demonstrating held at JFK and LGA. While DOT and service. that the carrier qualifies for the FAA are not seeking to interfere in Based on the comments received in requested exception. If documentation competitive decisions by carriers on this proceeding, the FAA has is not provided in support of a request their operating airport if they have slots determined to extend through March 27, for an exception, the FAA and OST will or approved schedules at more than one 2021, with conditions, its COVID–19- make a determination based on publicly New York City area airport, neither is related policy for prioritizing flights available resources. If the exception is the purpose of this policy to canceled at designated IATA Level 2 determined not to apply, carriers will be countenance the potential for gaming airports in the United States, for expected to meet the conditions for that could be enabled by disparate purposes of establishing a carrier’s relief or operate consistent with treatment of New York City area operational baseline in the next standard expectations for the Level 2 airports. corresponding season. environment. As with its final decision regarding The FAA additionally has determined The FAA has previously approved relief at slot-controlled airports, the to apply some conditions to carriers at schedules by carriers for the Winter FAA believes that this final decision on Level 2 airports seeking relief and 2020/2021 scheduling season at Level 2 further relief at Level 2 airports for the alleviation under this policy similar to airports and carriers may choose to Winter 2020/2021 season maintains a the conditions finalized for carriers to operate as approved, request application reasonable balance of the various benefit from the proposed relief at slot- of this proposed policy subject to the competing interests in an uncertain controlled airports. Some minor stated conditions, or submit new environment with ongoing COVID–19- adjustments have been made to reflect schedule proposals for the season. related impacts and within the bounds the different procedures, terminology, The FAA is persuaded by the of the current regulatory and policy and regulatory requirements at slot- overwhelming number of comments landscape for slot management in the controlled airports that are not supporting an extension of relief for the United States. The FAA believes this applicable at Level 2 airports. The full duration of the Winter 2020/2021 approach is appropriate to provide conditions applicable to Level 2 airports season ending March 27, 2021. The FAA carriers with flexibility during this are as follows: agrees that the underlying cause and unprecedented situation, to support the purpose of an extension is the same long-term viability of carrier operations (1) All schedules as initially submitted by regardless of whether an airport is at Level 2 airports while also supporting carriers and approved by FAA and not categorized as Level 2 or slot-controlled, economic recovery, and to reduce the intended to be operated must be returned at and that there is no reason to expect that least four weeks prior to the date of the FAA- potential for long-term relief to suppress approved operation to allow other carriers an demand at Level 2 airports will recover flight operations for which demand opportunity to operate these times on an ad more quickly than at slot-controlled exists. The FAA also believes this hoc basis without historic precedence. airports. The FAA further acknowledges decision is more consistent with the Compliance with this condition is required difficulties caused by the timing of its approach taken by other jurisdictions. for operations scheduled from November 12 proposal issued September 11, 2020, in Regarding conditions on the relief at through the rest of the season; therefore, proximity to the start of the Winter Level 2 airports, the FAA proposed a carriers should begin notifying FAA of 2020/2021 season on October 25, 2020. single condition imposing a return returns or other schedule adjustments on The FAA had anticipated that offering deadline similar to the condition October 15. Times for previously approved relief through December 31, 2020 would proposed for slot-controlled airports. flights for the period from October 28, 2020 provide reasonably sufficient advance For the reasons stated above in through November 11, 2020 are not subject to this condition. notice for carriers to make their plans discussing this condition at slot- (2) The priority for FAA schedules relative to Level 2 airports thereafter, controlled airports, at Level 2 airports, approved for Winter 2020/2021 does not but comments reveal that is not the case as well, the FAA strongly encourages apply to net-newly approved operations for under the circumstances here. The FAA carriers to return approved schedules initial use during the Winter 2020/2021 also is mindful of unintended voluntarily as soon as possible and for season. New approved times would remain consequences for reciprocity—i.e., the as long a period as possible during the eligible for priority consideration in Winter prospect that the shorter duration of Winter 2020/2021 season, and the FAA 2021/2022 if actually operated in Winter relief at Level 2 U.S. airports as believes carriers may often be in a 2020/2021 according to established compared to what other jurisdictions position to well exceed the minimum processes. have already offered could result in a four-week return deadline that the FAA Consistent with the final decision for corresponding shorter period of relief is adopting. slot-controlled airports, the FAA will internationally for U.S. carriers at not Given the extension of relief at Level consider, in coordination with OST, only Level 2 but also slot-controlled 2 airports for the full season, and limited exceptions from either or both of airports. extensive comments advocating for these conditions at Level 2 airports The FAA further acknowledges parallel treatment of Level 2 and slot- under extraordinary circumstances if a practical concerns with, as proposed, controlled airports, the FAA determined government’s official action (e.g., travel establishing a distinct waiver duration to apply a second condition at Level 2

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices 63349

airports similar to the second condition their holdings in light of investments and changes will be on an ad hoc basis that applies at slot-controlled airports.31 made in the airport facilities. only for the Winter 2020/2021 season, The FAA reiterates that operators as much of the flexibility would be Discussion of Additional Issues Raised should not assume that further relief on based on returns received under this in Comments the basis of COVID–19 will be waiver policy. Historic slot rights or Several parties commented on the forthcoming beyond the end of the priority at Level 2 airports would be duration and severity of COVID–19 Winter 2020/2021 scheduling season. retained by the original carrier provided impacts, with particular emphasis on The FAA expects that this additional the appropriate conditions are met. To the FAA’s proposal to discontinue relief full-season extension of conditional facilitate the FAA temporarily at Level 2 airports in the United States relief will provide adequate notice and reallocating capacity returned under after December 31, 2020. The proposal time for carriers at U.S. slot-controlled this waiver policy in a timely and reflected an attempt to balance the need and Level 2 airports to make schedule efficient manner, carriers should submit for relief due to COVID–19 impacts of decisions, market flights, and plan for updated and accurate information to the unprecedented magnitude with the aircraft utilization, crew, and facilities FAA as quickly as possible so the FAA FAA’s mission to ensure access to the before a possible return to standard slot can make unused capacity available to national airspace system to the greatest management and schedule facilitation other carriers. extent practicable. To strike this processes might occur. Carriers should assume that new balance, the FAA stated that ‘‘there may The FAA reserves judgment at this allocations in the Winter 2020/2021 come a point in time in which ongoing time with respect to any forthcoming season are granted without historic waivers to preserve pre-COVID slot petitions for additional relief. Rendering precedence eligibility, unless explicitly holdings could impede the ability of a decision for the Summer 2021 season stated and discussed otherwise with the airports and airlines to provide services or taking action to alter the established FAA Slot Administration Office. that may benefit the economy.’’ Further, rules and policies for slot management Carriers should clearly state if they are the proposal stated that while ‘‘the FAA and schedule facilitation in the United unwilling or unable to accept ad hoc is proposing continued, albeit States is not within the scope of this allocations limited to Winter 2020/2021 conditional, relief through the Winter action. Any future requests will be only. Requests for historically eligible 2020/2021 season, carriers should not evaluated on their merits, based on the slots will continue to be evaluated and assume that further relief on the basis of facts and circumstances available at that processed according to availability, per COVID–19 will be forthcoming beyond time and consistent with the established established FAA processes. Those the end of the Winter 2020/2021 standard for considering waivers from processes include maintaining a list of scheduling season.’’ minimum slot usage requirements. carriers with outstanding requests so Comments reflected widely diverging Nothing in this decision binds the that they can potentially be met if slots views about the concept of ending FAA to treat Level 2 and slot-controlled or times subsequently become available. waivers in the future and the airports similarly in future decisions on appropriate timing for considering such slot usage and prioritization relief when Decision action with respect to the ongoing a highly unusual and unpredictable The FAA has determined to extend COVID–19 public health emergency. condition occurs. The FAA continues to through March 27, 2021 the COVID–19- Some parties strongly supported ending believe that while there may be practical related limited waiver of the minimum COVID–19 waivers soon—either before, similarities between Level 2 and slot- slot usage requirement at JFK, LGA, and during, or at the end of the Winter 2020/ controlled airports, there remain DCA that the FAA has already made 2021 season—and advocated broader fundamental regulatory differences available through October 24, 2020, regulatory and policy changes such as between the two constructs that can subject to additional conditions. eliminating slot rules and/or Level 2 justify differing relief. Similarly, the FAA has determined to designations altogether. Other parties Moreover, to the extent that some extend through March 27, 2021 its indicated that ongoing relief will be commenters seek to supersede this COVID–19-related policy for prioritizing critical to the viability of operators at proceeding entirely by encouraging the flights canceled or otherwise not congested airports, and that FAA should Federal Government to establish broader operated as originally intended at keep an ‘‘open mind’’ on waiver economic/market-based aviation designated IATA Level 2 airports in the petitions for the upcoming Summer industry recovery policies and/or United States, subject to additional 2021 season. Parties holding change the regulatory policy landscape conditions, for purposes of establishing authorizations at congested airports for managing slots and schedule a carrier’s operational baseline in the indicated that, if waivers were to end in facilitation in the United States, such next corresponding season. the demand environment currently comments are deemed to be outside the COVID–19 continues at this time to projected for 2021, airlines would be scope of this proceeding. present a highly unusual and forced to fly ‘‘ghost’’ flights to preserve unpredictable condition that is beyond Process for Administering Relief the control of carriers. The continuing 31 Different from the policy for slot-controlled Some comments requested impacts of COVID–19 on commercial airports, for Level 2 airports, the FAA does not information on the process to request, aviation are dramatic and extraordinary, include a third condition relative to schedule times newly transferred on an uneven basis. There have and for FAA to approve, available slots with a historic decrease in passenger been occasional transfers of approved times at EWR at slot-controlled airports or available demand. The ultimate duration and but not at other Level 2 airports and not during schedule times at Level 2 airports. The severity of COVID–19 impacts on Winter 2019/2020 or Summer 2020. The FAA does FAA intends to follow existing passenger demand in the United States not anticipate there would be a need to approve any transfers at Level 2 airports during the effective procedures whereby carriers submit and internationally remain unclear. period of this policy, as the FAA would consider requests for new flight requests or Even after the outbreak is contained, schedule adjustments on an ad hoc basis after changes to previously approved slots or impacts on passenger demand are likely reviewing available capacity. If any transfers are flights to the FAA Slot Administration to continue for some time. The FAA has needed in Winter 2020/2021 for operational reasons, they would be for the season only and Office by email at 7-awa-slotadmin@ therefore concluded that an extension of would not be subject to the priorities provided by faa.gov. As noted earlier, the FAA relief through March 27, 2021, with this policy. expects that new allocations, approvals, conditions, is appropriate to provide

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1 63350 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices

carriers with flexibility during this historically-constrained airports, as well DEPARTMENT OF TRANSPORTATION unprecedented situation and to support as to ensure the relief is appropriately the long-term viability of carrier tailored to reduce the potential for a Federal Aviation Administration operations at slot-controlled and IATA long-term waiver to suppress flight Public Notice of Intent To Rule on a Level 2 airports in the United States. In operations for which demand exists. A Release Request To Sell On-Airport light of the evolving and extraordinary foreign carrier seeking a waiver may Property Purchased With Airport circumstances related to COVID–19 wish to ensure that the responsible Improvement Program (AIP) Funding worldwide, continuing relief for this authority of the foreign carrier’s home and Remove It From Airport Dedicated additional period on a conditional basis jurisdiction submits a statement by is reasonable to mitigate the impacts on Use at the Lehigh Valley International email to [email protected] Airport (ABE), Allentown, PA demand for air travel resulting from the confirming reciprocal treatment of the spread of COVID–19 worldwide. slot holdings of U.S. carriers. AGENCY: Federal Aviation While the FAA is providing Administration (FAA) DOT. continued, albeit conditional, relief The FAA emphasizes that it strongly through the Winter 2020/2021 season, encourages carriers to return slots and ACTION: Notice of release request to sell carriers should not assume that further approved schedules voluntarily as soon on-airport property purchased with AIP relief will be forthcoming beyond the as possible and for as long a period as funding and remove it from dedicated end of the Winter 2020/2021 scheduling possible during the Winter 2020/2021 use. season. The FAA will review the facts season, so that other airlines seeking SUMMARY: The FAA is requesting public and circumstances at the time of any operations on an ad hoc basis may do comment on the Lehigh-Northampton future waiver requests; however, the so with increased certainty. The rolling proposed land release FAA will also continue to consider the four-week return deadline is only a and sale of 32.566 acres of on airport importance of providing access to the minimum requirement, and FAA property at the Lehigh Valley Nation’s congested airports where there anticipates that carriers may often be International Airport in Hanover is capacity available. Slots are a scarce able to provide notice of cancellations Township, Pennsylvania. The subject resource. Slot usage waivers accordingly significantly further in advance than property was purchased with federal are reserved for extraordinary four weeks. In both the Level 2 and slot- financial assistance under the Airport circumstances. Even during an controlled environments, the FAA seeks Improvement Program. extraordinary period such as the the assistance of all carriers to continue FAA grants affecting the parcels to be COVID–19 public health emergency, to work with the FAA to ensure the released are identified below. carriers should utilize their slots and national airspace system capacity is not operating authorizations efficiently, in 1. Grant No. 3–42–0001–074–2008 underutilized during the COVID–19 accordance with established rules and 2. Grant No. 3–42–0001–067–2006 public health emergency. policy, or relinquish those slots and 3. Grant No. 3–42–0001–074–2008 authorizations to the FAA so that other Carriers should advise the FAA Slot 4. Grant No. 3–42–0001–035–1998 carriers willing and able to make use of Administration Office of COVID–19- 5. Grant No. 3–42–0001–067–2006 them can do so. The FAA cautions all related cancellations and return the 6. Grant No. 3–42–0001–029–1996 7. Grant No. 3–42–0001–029–1996 carriers against altering plans for usage slots to the FAA by email to 7-awa- 8. Grant No. 3–42–0001–062–2005 at slot-controlled and Level 2 airports in [email protected] to obtain relief. The reliance upon a presumption that information provided should include DATES: Comments must be received on additional relief will be forthcoming, the dates for which relief is requested, or before November 6, 2020. which is a decision on which the FAA the flight number, origin/destination ADDRESSES: Comments on this has not rendered a judgment at this airport, scheduled time of operation, the application may be emailed or delivered time. The presumption that carriers slot identification number, as to the following address: should apply in preparing for operations applicable, and supporting information Thomas Stoudt, Manager, Lehigh Valley in future scheduling seasons is demonstrating that flight cancelations International Airport, 3311 Airport compliance with standard slot directly relate to the COVID–19 public Road, Allentown, PA 18109, 610– management and schedule facilitation health emergency. Carriers providing 266–6001 processes. insufficient information to identify and at the FAA Harrisburg Airports The FAA reiterates its expectation clearly slots that will not be operated at District Office: that foreign slot coordinators will DCA, JFK, or LGA will not be granted Rick Harner, Manager, Harrisburg provide reciprocal relief to U.S. carriers. relief from the applicable minimum To the extent that U.S. carriers fly to a Airports District Office, 3905 usage requirements. Carriers providing foreign carrier’s home jurisdiction and Hartzdale Dr., Suite 508, Camp Hill, insufficient information to identify that home jurisdiction does not offer PA 17011, (717) 730–2830 clearly changes or cancellations from reciprocal relief to U.S. carriers, the FOR FURTHER INFORMATION CONTACT: FAA may determine not to grant a previously approved schedules at EWR, Brian Gearhart, Project Manager, waiver to that foreign carrier. The FAA LAX, ORD, or SFO will not be provided Harrisburg Airports District Office, acknowledges that some foreign priority for future seasons. location listed above. jurisdictions may opt to adopt more Issued in Washington, DC, on October 2, The request to release airport property strict provisions in response to this 2020. may be reviewed in person at this same policy than they had otherwise planned. Arjun Garg, location. SUPPLEMENTARY INFORMATION: However, as previously explained, the Chief Counsel. FAA believes the conditions associated The following is a brief overview of with the relief provided in this policy Timothy L. Arel, the request: are necessary to strike a balance Deputy Chief Operating Officer, Air Traffic The Lehigh-Northampton Airport between competing interests of Organization. Authority requests the release of a total incumbent carriers and those carriers [FR Doc. 2020–22291 Filed 10–5–20; 4:15 pm] of 32.566 acres of land previously seeking new or increased access at these BILLING CODE P required for future development that is

VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1