[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 15018-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05278]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Orders Limiting Operations at John F. Kennedy International
Airport and New York LaGuardia Airport; High Density Traffic Airports
Rule at Ronald Reagan Washington National Airport
AGENCY: Department of Transportation, Federal Aviation Administration
(FAA).
ACTION: Notice of limited waiver of the minimum slot usage requirement.
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SUMMARY: This notice announces a limited waiver of the minimum usage
requirement that applies to Operating Authorizations or ``slots'' at
John F. Kennedy International Airport (JFK), New York LaGuardia Airport
(LGA) and Ronald Reagan Washington National Airport (DCA), in light of
the current impacts on air travel demand related to the outbreak of
novel 2019 coronavirus (also known as ``SARS-CoV-2,'' causing the
disease COVID-19) (``Coronavirus''). Through May 31, 2020, the FAA will
waive the minimum usage requirement as to any slot associated with a
scheduled nonstop flight between JFK, LGA, or DCA, respectively, and
other points that is canceled as a direct result of Coronavirus-related
impacts. This action is effective for Coronavirus-related flight
cancelations through May 31, 2020. The duration of the Coronavirus
outbreak and its effect on demand for commercial air travel remains to
be seen. The FAA will continue to monitor the situation and may augment
this waiver as circumstances warrant. The FAA will inform carriers of
any decision to extend the waiver period as soon as possible.
In addition, this notice announces the policy that the FAA will
prioritize flights canceled at designated International Air Transport
Association (IATA) Level 2 airports in the U.S. due to Coronavirus
through May 31, 2020, including at Chicago O'Hare International Airport
(ORD), Newark Liberty International Airport (EWR), Los Angeles
International Airport (LAX), and San Francisco International Airport
(SFO), for purposes of establishing a carrier's operational baseline in
the next corresponding season.
The FAA is acting in good faith in granting relief to carriers
worldwide impacted by the Coronavirus. In doing so, the FAA expects
that U.S. carriers will be accommodated with reciprocal relief by
foreign slot coordinators.
DATES: Effective upon publication.
FOR FURTHER INFORMATION CONTACT: Bonnie Dragotto, Office of the Chief
Counsel, Regulations Division, Federal Aviation Administration, 800
Independence Avenues SW, Washington, DC 20591; telephone: (202) 267-
3808; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Coronavirus was detected in China in December 2019 and as of
March 7, 2020 had been detected in almost 90 locations internationally,
including in the United States.
The Centers for Disease Control and Prevention (CDC), a component
of the Department of Health and Human Services (HHS), has determined
that the virus presents a serious public health threat and continues to
take steps to prevent its spread. On January 27, 2020, the CDC issued a
Level 3 Travel Health Notice recommending that travelers avoid all
nonessential travel to China due to widespread community transmission
of COVID-19. On January 30, 2020, the World Health Organization (WHO)
declared the outbreak a public health emergency of international
concern (PHEIC). On January 31, 2020, HHS declared a public health
emergency for the United States to aid in responding to COVID-19. That
same day, citing the threat of this communicable disease, the President
issued a Proclamation suspending the entry into the United States of
certain
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foreign nationals who have been in China within the last 14 days prior
to their entry or attempted entry. On February 2, 2020, the Department
of State raised its China travel advisory to Level 4 (do not travel),
citing the Coronavirus outbreak. Since then, the Department of State
has cited the Coronavirus outbreak in raising its travel advisory level
for Macau, Hong Kong, Japan, Mongolia, Iran, Italy, South Korea,
Turkmenistan, and Azerbaijan-including Level 4 advisories for Iran and
for parts of South Korea and Italy. Again citing the threat of this
communicable disease, another Presidential Proclamation issued on
February 29, 2020 suspended the entry into the United States of certain
foreign nationals who have been in Iran within the last 14 days prior
to their entry or attempted entry.
Demand for travel decreased initially to points in China with
several U.S. and foreign air carriers reducing or suspending service.
The Civil Aviation Administration of China (CAAC) required all carriers
serving China to waive restrictions on changes or refunds for travel to
and from all of mainland China. Other airports in Asia also began to
experience flight cancelations due to health concerns and lower demand.
More recent travel warnings and changes in passenger demand have
impacted flights as Coronavirus spread to other parts of the world,
including the U.S. The FAA continues to receive cancelation notices at
slot-controlled airports in the U.S., which include JFK, LGA, and DCA,
as well as U.S. airports designated as IATA Level 2 for flights to and
from areas with significant Coronavirus outbreaks.\1\
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\1\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, FAA limits operations at these airports via
rules at DCA and an Order at LGA that are equivalent to IATA Level
3.
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Several foreign airlines have petitioned the FAA to grant a waiver
of the 80 percent minimum slot usage requirement at JFK through the
Winter 2019/2020 scheduling season ending on March 28, 2020 and some
petitioners have sought relief for portions, or the entirety, of the
Summer 2020 scheduling season. On March 2, 2020, IATA petitioned on
behalf of airlines for a slot usage waiver at all constrained airports
through the Summer 2020 scheduling season ending on October 24, 2020.
On March 6, 2020, Airlines for America petitioned the FAA on behalf of
domestic member airlines for ``a waiver of the minimum slot usage
requirement at all slot-controlled and schedule facilitated airports
for at least Summer 2020.'' Multiple U.S. carriers have also submitted
individual petitions for slot usage relief with respect to all three
U.S. slot-controlled airports. The petitioners base their requests on
the public health situation, travel restrictions, and the highly
unusual and unpredictable nature of the Coronavirus impacts on demand
for air travel.
Standard
At JFK and LGA, each slot must be used at least 80 percent of the
time.\2\ Slots not meeting the minimum usage requirements will be
withdrawn. The FAA may waive the 80 percent usage requirement in the
event of a highly unusual and unpredictable condition that is beyond
the control of the slot-holding air carrier and which affects carrier
operations for a period of five consecutive days or more.\3\
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\2\ Operating Limitations at John F. Kennedy International
Airport, 83 FR 46865 (Sep. 17, 2018); Operating Limitations at New
York LaGuardia Airport, 83 FR 47065 at 47066 (Sep. 18, 2018).
\3\ At JFK, historical rights to operating authorizations and
withdrawal of those rights due to insufficient usage will be
determined on a seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement of the applicable
season. See JFK Order, 83 FR at 46867. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 83 FR at
47066.
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At DCA, any slot not used at least 80 percent of the time over a
two-month period will also be recalled by the FAA.\4\ The FAA may waive
this minimum usage requirement in the event of a highly unusual and
unpredictable condition that is beyond the control of the slot-holding
carrier and which exists for a period of nine or more days.\5\
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\4\ See 14 CFR Sec. 93.227(a).
\5\ See 14 CFR Sec. 93.227(j).
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When making decisions concerning historical rights to allocated
slots, including whether to grant a waiver of the usage requirement,
the FAA seeks to ensure the efficient use of valuable aviation
infrastructure and maximize the benefits to both airport users and the
traveling public. This minimum usage requirement is expected to
accommodate routine cancelations under all but the most unusual
circumstances. Carriers proceed at risk if they make decisions in
anticipation of the FAA granting a slot usage waiver. Relevant here,
however, the FAA has established precedent for granting a limited
waiver of the minimum slot usage requirement related to an infectious
disease outbreak.\6\
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\6\ See e.g. Operating Limitations at John F. Kennedy
International Airport and Newark Liberty International Airport;
Notice of Limited Waiver of the Slot Usage Requirement, 74 FR 34393
(July 15, 2009).
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Analysis
Slots are a scarce resource. Slot usage waivers accordingly are
reserved for extraordinary circumstances. The FAA has determined that
the exceptional circumstances associated with the Coronavirus meet the
criteria for a limited waiver, as announced here, of the minimum slot
usage requirements for flights scheduled between JFK, LGA, and DCA,
respectively, and other points that are canceled as a direct result of
Coronavirus-related impacts. The FAA also acknowledges that the
timeframe and scope of impacts of Coronavirus on commercial air travel
remain uncertain. The FAA does not intend routinely to grant broad,
generalized relief from the minimum slot usage requirements. The usage
requirement allows for up to 20 percent nonuse to accommodate planned
and unplanned cancelations. This allowance is expected to accommodate
routine weather and other cancelations under all but the most unusual
circumstances. However, the current impacts of Coronavirus on
commercial aviation are dramatic and extraordinary. In light of these
evolving and extraordinary circumstances, the relief announced here
from the minimum slot usage requirement at all slot-controlled airports
in the U.S. is appropriate.
The FAA will continue to monitor the outbreak and its effects on
commercial aviation and may augment this waiver as circumstances
warrant. The FAA will inform carriers of any extension to the waiver
period as soon as possible.
In addition, the FAA notes that numerous carriers have inquired
about Coronavirus-related relief at U.S. airports designated as IATA
Level 2 schedule facilitated airports, including ORD, EWR, LAX, and
SFO. It is the policy of the FAA to prioritize flights canceled at IATA
Level 2 airports in the U.S. due to Coronavirus through May 31, 2020,
consistent with the IATA Worldwide Slot Guidelines (WSG), for purposes
of establishing a carrier's baseline in the next corresponding
season.\7\
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\7\ The FAA notes that a minimum usage requirement does not
apply at designated IATA Level 2 airports in the U.S. Moreover,
established procedures under the IATA WSG allow for the
prioritization of such cancelations in subsequent corresponding
seasons consistent with the FAA's policy statement in this notice.
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The FAA is acting in good faith in granting the relief announced
here to all carriers impacted by the Coronavirus worldwide. Without
slot usage waivers to accommodate the current reduction in passenger
demand, carriers may have to operate substantially empty flights to
preserve their slots. In granting this
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relief from slot usage requirements, the FAA expects that U.S. carriers
will be accommodated with reciprocal relief by foreign coordinators. To
the extent that U.S. carriers fly to a foreign carrier's home
jurisdiction and that home jurisdiction does not offer reciprocal
relief to U.S. carriers, the FAA may determine not to grant a waiver to
that foreign carrier. A foreign carrier seeking a waiver may wish to
ensure that the responsible authority of the foreign carrier's home
jurisdiction submits a statement by email to [email protected]
confirming reciprocal treatment of the slot holdings of U.S. carriers.
Decision
The FAA will waive the minimum slot usage requirements for all
carriers canceling scheduled flights at JFK, LGA, and DCA as a direct
result of the Coronavirus. This action is effective for Coronavirus-
related flight cancelations through May 31, 2020. This decision is
intended to provide limited relief to allow airlines to adjust
schedules to changing demand projections at U.S. slot-controlled
airports directly resulting from Coronavirus. Carriers should advise
the FAA Slot Administration Office of Coronavirus-related cancelations
and return the slots to the FAA by email to [email protected] to
obtain relief. The information provided must include the dates for
which relief is requested, the flight number, origin/destination
airport, scheduled time of operation, the slot identification number,
as applicable, and supporting information demonstrating that flight
cancelations directly relate to the Coronavirus outbreak.
Issued in Washington, DC on March 11, 2020.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2020-05278 Filed 3-13-20; 8:45 am]
BILLING CODE 4910-13-P