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 Level 2 airports in the United Operations at Chicago O’Hare 15018), the FAA announced certain States. International Airport, John F. Kennedy relief through May 31, 2020, in light of International Airport, Los Angeles impacts on air travel 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 air travel (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, Airlines deaths.4 Proceeding for America (A4A), the oneworld International travel recommendations The FAA reiterates the standards Alliance, the Star Alliance, the Cargo from the Centers for Disease Control and applicable to petitions for waivers of the Airline 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 Airlines for Europe (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