Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices 18057 

1The FAA has authority for developing ‘‘plans 

and policy for the use of the navigable airspace’’ 

and for assigning ‘‘by regulation or order the use of 

the airspace necessary to ensure the safety of 

aircraft and the efficient use of airspace.’’ 49 U.S.C. 

40103(b)(1). The FAA manages slot usage 

requirements under the authority of 14 CFR 93.227 

at DCA and under the authority of Orders at JFK 

and LGA. See Operating Limitations at John F. 

Kennedy International Airport, 85 FR 58258 (Sep. 

18, 2020); Operating Limitations at New York 

LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020). 

2Although DCA and LGA are not designated as 

IATA Level 3 slot-controlled airports given that 

these airports primarily serve domestic 

destinations, the FAA limits operations at these 

airports via rules at DCA and an Order at LGA that 

are equivalent to IATA Level 3. See FN 1. The FAA 

reiterates that the relief provided in the March 16, 

2020, notice (85 FR 15018); the April 17, 2020, 

notice (85 FR 21500); the October 7, 2020, notice 

(85 FR 63335); the January 14, 2021, Summer 2021 

FAA Policy Statement (Docket No. FAA–2020– 

0862–0302); and, the October 20, 2021, notice (86 

FR 58134), extends to all allocated slots, including 

slots allocated by exemption. 

3Orders Limiting Operations at John F. Kennedy 

International Airport and New York LaGuardia 

Airport; High Density Traffic Airports Rule at 

Ronald Reagan Washington National Airport, 85 FR 

15018 (Mar. 16, 2020). 

4Orders Limiting Operations at John F. Kennedy 

International Airport and New York LaGuardia 

Airport; High Density Traffic Airports Rule at 

Ronald Reagan Washington National Airport, 85 FR 

21500 (Apr. 17, 2020); COVID–19 Related Relief 

Concerning Operations at Chicago O’Hare 

International Airport, John F. Kennedy 

International Airport, Los Angeles International 

Airport, Newark Liberty International Airport, New 

York LaGuardia Airport, Ronald Reagan 

Washington National Airport, and San Francisco 

International Airport for the Winter 2020/2021 

Scheduling Season, 85 FR 63335 (Oct. 7, 2020); 

FAA Policy Statement: Limited, Conditional 

Extension of COVID–19 Related Relief for the 

Summer 2021 Scheduling Season (Docket No. 

FAA–2020–0862–0302); and COVID–19 Related 

Relief Concerning Operations at Chicago O’Hare 

International Airport, John F. Kennedy 

International Airport, Los Angeles International 

Airport, Newark Liberty International Airport, New 

York LaGuardia Airport, Ronald Reagan 

Washington National Airport, and San Francisco 

International Airport for the Winter 2021/2022 

Scheduling Season, 86 FR 58134 (Oct. 20, 2021). 

5COVID–19 Related Relief Concerning 

Operations at Chicago O’Hare International Airport, 

John F. Kennedy International Airport, Los Angeles 

International Airport, Newark Liberty International 

Airport, New York LaGuardia Airport, Ronald 

Reagan Washington National Airport, and San 

Francisco International Airport for the Winter 2021/ 

2022 Scheduling Season, 86 FR 58134 (Oct. 20, 

2021). 

6COVID–19 Related Relief Concerning 

International Operations at Chicago O’Hare 

International Airport, John F. Kennedy 

International Airport, Los Angeles International 

Airport, Newark Liberty International Airport, New 

York LaGuardia Airport, Ronald Reagan 

Washington National Airport, and San Francisco 

International Airport for the Summer 2022 

Scheduling Season, 89 FR 11805 (Mar. 2, 2022). 

Decided: March 24, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2022–06592 Filed 3–28–22; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2020–0862] 

COVID–19 Related Relief Concerning 

Operations at Chicago O’Hare 

International Airport, John F. Kennedy 

International Airport, Los Angeles 

International Airport, Newark Liberty 

International Airport, New York 

LaGuardia Airport, Ronald Reagan 

Washington National Airport, and San 

Francisco International Airport for the 

Summer 2022 Scheduling Season 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Extension of limited, 

conditional waiver of the minimum slot 

usage requirement for international 

operations only. 

SUMMARY: The FAA has determined to 

extend through October 29, 2022, the 

Coronavirus (COVID–19)-related 

limited, conditional waiver of the 

minimum slot usage requirement at 

John F. Kennedy International Airport 

(JFK), New York LaGuardia Airport 

(LGA), and Ronald Reagan Washington 

National Airport (DCA) that the FAA 

has already made available through 

March 26, 2022, for international 

operations only. Similarly, the FAA has 

determined to extend through October 

29, 2022, its COVID–19-related limited, 

conditional policy for prioritizing flights 

canceled at designated International Air 

Transport Association (IATA) Level 2 

airports in the United States, for 

purposes of establishing a carrier’s 

operational baseline in the next 

corresponding season, for international 

operations only. These IATA Level 2 

airports include Chicago O’Hare 

International Airport (ORD), Newark 

Liberty International Airport (EWR), Los 

Angeles International Airport (LAX), 

and San Francisco International Airport 

(SFO). This relief is limited to slots and 

approved operating times used by any 

carrier for international operations only, 

through October 29, 2022, and will be 

subject to the same terms and 

conditions, that the FAA has already 

applied to the relief that remains 

available through March 26, 2022. 

DATES: The relief announced in this 

notice is available for the Summer 2022 

scheduling season, which runs from 

March 27, 2022, through October 29, 

2022. Compliance with the rolling fourweek return condition on the relief 

announced in this notice is required 

beginning on April 4, 2022. Compliance 

with all other conditions remains in 

effect without change from prior 

seasons. 

FOR FURTHER INFORMATION CONTACT: Al 

Meilus, Manager, Slot Administration, 

AJR–G, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–2822; email 

Al.Meilus@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 16, 2020, the FAA granted 

a limited waiver of the minimum slot 

usage requirements 1 to carriers 

operating at all slot-controlled airports 

in the United States (DCA, JFK, and 

LGA) 2 and related relief to carriers 

operating at designated IATA Level 2 

airports in the United States (EWR, 

LAX, ORD, SFO) due to the 

extraordinary impacts on the demand 

for air travel resulting from the COVID– 

19 pandemic.3 Since the initial slot 

usage waiver and related relief was 

provided, the FAA has taken action to 

extend the relief provided on four 

occasions subject to certain substantive 

changes, including the addition of 

conditions, as the COVID–19 situation 

continued to evolve.4 The most recent 

limited, conditional extension of 

COVID–19-related relief was issued by 

the FAA on October 18, 2021, and is 

due to expire on March 27, 2022.5

The FAA issued a notice on February 

25, 2022, inviting comment on its 

proposal to extend through October 29, 

2022, the COVID–19-related limited, 

conditional waiver of the minimum slot 

usage requirement at United States 

(U.S.) slot controlled and IATA Level 2 

airports that the FAA has already made 

available through March 26, 2022, for 

international operations only.6 In its 

proposal the FAA explained it would 

generally evaluate any request for relief 

from U.S. carriers for the Summer 2022 

scheduling season based on historical 

levels of operations to foreign points as 

demonstrated in published schedules. 

The FAA further explained that 

domestic carriers seeking relief for a 

particular operation under the waiver 

will need to provide the FAA, if not 

readily apparent from FAA records and 

historic published schedule data, 

alternative supplemental information 

that predates FAA’s proposal to 

demonstrate intent to use a slot or 

approved operating time for an 

international destination. The notice 

explained that international operations 

eligible for a waiver at U.S. slotcontrolled and IATA Level 2 airports 

under FAA’s proposal would be subject 


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18058 Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices 

7https://covid19.who.int/table. 

8COVID–19 weekly epidemiological update, 

March 22, 2022, available at: https://www.who.int/ 

emergencies/diseases/novel-coronavirus-2019/ 

situation-reports. See also https://covid19.who.int/ 

for WHO COVID–19 Dashboard with the most 

current number of cases reported. 

9https://www.who.int/en/activities/trackingSARS-CoV-2-variants/. See also https://

www.who.int/news/item/22-02-2022-statement-onomicron-sublineage-ba.2. 

10Center for Disease Control (CDC), What You 

Need To Know About Variants, available at: https:// 

www.cdc.gov/coronavirus/2019-ncov/variants/ 

variant.html. 

11 Id. 

12 Id. See also https://www.cdc.gov/coronavirus/ 

2019-ncov/vaccines/effectiveness/. 

13https://www.fda.gov/emergency-preparednessand-response/coronavirus-disease-2019-covid-19/ 

covid-19-vaccines. 

14CDC, COVID–19 Vaccinations in the United 

States, updated March 23, 2022, available at: 

https://covid.cdc.gov/covid-data-tracker/ 

#vaccinations. 

15 Id. See also https://www.whitehouse.gov/ 

briefing-room/presidential-actions/2021/10/25/aproclamation-on-advancing-the-safe-resumption-ofglobal-travel-during-the-covid-19-pandemic/. 

16COVID–19 Related Relief Concerning 

Operations at Chicago O’Hare International Airport, 

John F. Kennedy International Airport, Los Angeles 

International Airport, Newark Liberty International 

Airport, New York LaGuardia Airport, Ronald 

Reagan Washington National Airport, and San 

Francisco International Airport for the Winter 2021/ 

2022 Scheduling Season, 86 FR 58134 (Oct. 20, 

2021). See also https://covid19.who.int/region/ 

amro/country/us. 

17https://www.cdc.gov/coronavirus/2019-ncov/ 

science/science-briefs/scientific-brief-omicronvariant.html. 

18https://covid19.who.int/region/amro/country/ 

us. 

19See 85 FR 15018 (Mar. 16, 2020). 

20Operating Limitations at John F. Kennedy 

International Airport, 85 FR 58258 (Sep. 18, 2020); 

Operating Limitations at New York LaGuardia 

Airport, 85 FR 47065 at 58255 (Sep. 18, 2020). 

21At JFK, historical rights to operating 

authorizations and withdrawal of those rights due 

to insufficient usage will be determined on a 

seasonal basis and in accordance with the schedule 

approved by the FAA prior to the commencement 

of the applicable season. See JFK Order, 85 FR at 

58260. At LGA, any operating authorization not 

used at least 80 percent of the time over a twomonth period will be withdrawn by the FAA. See 

LGA Order, 85 FR at 58257. 

22See 14 CFR 93.227(a). 

23See 14 CFR 93.227(j). 

to all of the same conditions and 

policies already in effect. 

Current COVID–19 Situation 

Since FAA’s notice published October 

20, 2021, granting a limited, conditional 

extension of COVID–19-related relief for 

international operations only at slotcontrolled airports and IATA Level 2 

airports in the United States, COVID–19 

has continued to cause disruption 

globally, and the timeline for recovery 

from this global pandemic remains 

uncertain. The World Health 

Organization (WHO) reports COVID–19 

cases in more than 200 countries, areas, 

and territories worldwide.7 For the 

week ending March 20, 2022, the WHO 

reported over 12 million new COVID–19 

cases and just under 33,000 new deaths, 

bringing the cumulative total to more 

than 468 million confirmed COVID–19 

cases and over 6 million deaths globally 

since the start of the COVID–19 

pandemic.8

The WHO reports that it is monitoring 

multiple variants globally; currently, the 

WHO has classified two variants as 

‘‘circulating variants of concern’’ and 

recently put out a statement regarding 

the Omicron sublineage BA.2.9 The 

Centers for Disease Control and 

Prevention (CDC) is monitoring all 

variants of COVID–19 in the United 

States.10 The CDC has listed the 

Omicron and Delta variants as variants 

of concern.11 The CDC reports that all 

Food and Drug Administration (FDA)- 

approved or authorized vaccines reduce 

the risk of severe illness, 

hospitalization, and death from COVID– 

19.12

Currently, three COVID–19 vaccines 

have been authorized for emergency use 

or approved by the FDA.13 As of March 

23, 2022, 65.4 percent of Americans are 

fully vaccinated, and 76.8 percent of 

Americans have received at least one 

dose.14 Due to substantial efforts to 

increase vaccination rates across the 

globe, the United States moved away 

from a country-by-country restriction 

previously applied during the COVID– 

19 pandemic and adopted an air travel 

policy that relies primarily on 

vaccination to advance the safe 

resumption of international air travel to 

the United States.15 When the FAA 

extended COVID–19-related relief for 

international operations only by notice 

published October 20, 2021, the number 

of confirmed new cases of COVID–19 in 

the U.S. for the week of October 18, 

2021, based on WHO data, was 

509,330.16 On December 1, 2021, the 

first case attributable to the Omicron 

variant was identified in the United 

States.17 For the week of March 14, 

2022, which is the most recent week for 

which data is available, the WHO 

reports 219,164 confirmed new cases in 

the United States.18

Standard Applicable to This Waiver 

Proceeding 

The FAA reiterates the standards 

applicable to petitions for waivers of the 

minimum slot usage requirements in 

effect at DCA, JFK, and LGA, as 

discussed in FAA’s initial decision 

granting relief due to COVID–19 

impacts.19 At JFK and LGA, each slot 

must be used at least 80 percent of the 

time.20 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.21

At DCA, any slot not used at least 80 

percent of the time over a two-month 

period also will be recalled by the 

FAA.22 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.23

When making decisions concerning 

historical rights to allocated slots, 

including whether to grant a waiver of 

the usage requirement, the FAA seeks to 

ensure the efficient use of valuable 

aviation infrastructure while 

maximizing the benefits to airport users 

and the traveling public. This minimum 

usage requirement is expected to 

accommodate routine cancelations 

under all but the most unusual 

circumstances. Carriers proceed at risk 

if, at any time prior to a final decision, 

they make decisions in anticipation of 

the FAA granting a slot usage waiver. 

Summary of Comments and 

Information Submitted 

The FAA received comments from 11 

stakeholders and other persons on the 

proposal including IATA, Airlines for 

America (A4A), Airports Council 

International-North America (ACI–NA), 

Exhaustless Inc. (Exhaustless), United 

Airlines (United), six foreign carriers or 

holding companies (Aer Lingus, British 

Airways, Etihad Airways, Iberia 

Airlines, ITA Airways, and Lufthansa 

Group). Nine commenters including 

A4A, IATA, and all commenting U.S. 

and foreign carriers, support FAA’s 

proposal though some commenters have 

requested certain modifications. 

Commenters Who Support FAA’s 

Proposal 

Aer Lingus, British Airways, Etihad 

Airways, Iberia Airlines, and ITA 

Airways, commented supporting FAA’s 

proposal. Aer Lingus states that the 

proposed relief ‘‘is a wholly sensible 

and appropriate approach to mitigate 

against the current risks and to copper 

fasten U.S. global connectivity into the 

future.’’ British Airways comments in 

support of FAA’s proposal stating ‘‘BA 

[British Airways] believes that the 

extension of slot relief into Summer 

2022 is wholly appropriate and essential 

for preserving established international 

aviation networks, which in turn are 


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Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices 18059 

vital for keeping trade routes open in 

support of the wider economies and 

assisting the global recovery from the 

pandemic.’’ Etihad Airways comments 

that it ‘‘is in full support of the proposal 

in light of the uncertain recovery of 

demand and potential further 

restrictions impacting mainly its 

eastbound markets (GCC countries, 

Indian subcontinent, South-and 

Northeast Asia).’’ Iberia Airlines 

comments stating that it strongly 

supports the proposed extension and 

‘‘appreciate[s] that the FAA is aware of 

the unpredictable environment and that 

the recovery from this global pandemic 

remains slow.’’ ITA Airways comments 

generally in support of the FAA’s 

proposal stating ‘‘We strongly support 

the proposed extension of a conditional 

waiver of the minimum slot usage 

requirement for international slots only 

for S22’’. 

Commenters Who Support FAA’s 

Proposal With Requested Modifications 

A4A, IATA, Lufthansa Group, and 

United support FAA’s proposal but 

made additional requests for flexibility 

on the slot return requirements outlined 

in the FAA’s proposal. A4A supports 

FAA’s proposal stating that it provides 

‘‘operational certainty’’, ‘‘simplicity’’, 

and ‘‘fairness and equity’’. A4A asserts 

that, ‘‘[i]nternational air travel for the 

remainder of 2022 is expected to 

improve over 2021 levels, but a full 

recovery is not expected before 2024 at 

the very earliest’’ and that ‘‘FAA should 

extend the Waiver for Level 2 and 3 

airports, given the pandemic’s 

continued direct impact on U.S. 

carriers’ international operations.’’ In 

support of this claim A4A provides that 

‘‘[f]or the first two months of 2022, A4A 

member passenger traffic for TransAtlantic, Trans-Pacific and transborder 

U.S.-Canada operations have tracked at 

59%, 13% and 26%, respectively, of 

2019 levels. While we [A4A] anticipate 

improved demand as global travel 

restrictions ease, as we look forward, 

these markets remain weak.’’ A4A 

requests the FAA incorporate flexibility 

into the slot return rules stating ‘‘FAA 

should permit a ten-day slot return 

notice requirement for the first two 

weeks after a final notice is issued and 

thereafter revert to a four-week slot 

return notice requirement.’’ In addition, 

A4A requests the FAA maintain a 

reciprocity requirement, and that ‘‘a 

lack of reciprocity would impair 

connectivity, distort competition, and 

alter passenger demand in the future, 

thereby directly impacting more than 

just U.S. carrier service at these airports; 

it would exacerbate uncertainty and 

reduce flexibility.’’ IATA comments, 

‘‘[w]hile forward looking trends are 

improving, future bookings for 

international travel remain significantly 

lower than pre-COVID levels. For this 

reason, it is wholly sensible to provide 

flexibility in the form of an international 

slot waiver, considering the season 

starts in one month.’’ Further, IATA 

states that ‘‘airlines need certainty that 

there remains a level of flexibility and 

assurances that impacted routes can be 

sustainably rebuilt in line with the 

recovery of demand throughout the 

season.’’ IATA request the FAA ‘‘amend 

the slot return period to initially seven 

days after publication in the Federal 

Register, and the subsequently as a 

rolling 4-week return region.’’ United 

comments that it ‘‘adopts and 

incorporates by reference the comments 

filed by Airlines for America (‘‘A4A’’). 

United ‘‘commends FAA for recognizing 

the continuing and extraordinary 

adverse effects of the COVID19 

pandemic and for proposing a limited, 

conditional waiver applying to 

international operations for slot use at 

Level 3 airports and for schedule 

cancellation at Level 2 airports.’’ United 

requests the FAA ‘‘amend the date of 

which carriers are to make the first slot 

return for the Summer 2022 season from 

the published February 28, 2022 date to 

a date 7 days after final publication of 

the final notice.’’ Lufthansa Group 

comments in support of FAA’s proposal 

stating ‘‘the unexpected emergence and 

spread of the Delta and then Omicron 

variants during the last 6 months, 

requires the industry and government to 

be ready and able to react with 

significant flexibility, especially in the 

international setting.’’ Similarly, 

Lufthansa group recommend the FAA 

‘‘amend the slot return period to 

initially 7 days after final publication in 

the Federal Register, and then 

subsequently on a rolling 4-week basis.’’ 

Commenters Who Oppose the FAA’s 

Proposal 

ACI–NA and Exhaustless oppose 

FAA’s proposal to continue COVID–19- 

related relief for international 

operations only. ACI–NA submits that 

‘‘with the alleviation of regulatory 

restrictions to travel, airports cannot 

accept a situation where extending the 

waiver for international operations 

would weaken the reinstatement of 

much-needed connectivity and damage 

the competitive landscape at airports.’’ 

ACI–NA observes that ‘‘the practical 

effect of extending slot relief is precisely 

to reserve capacity for historic holders 

of landing privileges at constrained 

airports, thereby distorting the shape 

and trajectory of air travel recovery at 

these airports. ACI–NA believes that 

absent these waivers, airlines serving 

constrained airports would be 

encouraged to make different, demandresponsive decisions regarding 

deployment of their capacity.’’ Further, 

ACI–NA suggests that ‘‘continuation of 

these waivers could lead to a ‘‘chilling 

effect’’ which discourages new service 

at constrained airports due to a lack of 

long-term certainty, thereby punishing 

the airlines most interested in deploying 

their capacity to respond to the needs of 

the traveling public.’’ 

Exhaustless opposes FAA’s proposal, 

contending that it would ‘‘block the free 

market economy’’ and argues that ‘‘the 

DOT/FAA must consider the 

Exhaustless’ airspace reservation market 

and explain why it has proposed an 

administrative allocation—that excludes 

passengers—over Exhaustless’ 

competitive and coordinated market for 

airspace reservations.’’ 

Discussion of Comments Regarding 

Flexibility in the Slot Return Policy 

The FAA is persuaded by commenters 

that have requested the FAA modify the 

initial February 28, 2022, slot return 

deadline due to compliance issues 

attributable to the timing of FAA’s final 

waiver decision. Due to the timing of 

this final notice, the FAA will require 

compliance with the 4-week advance 

slot return condition for operations 

scheduled from May 2, 2022 (instead of 

from March 27, 2022) through the 

duration of the Summer 2022 season. 

Accordingly, carriers must begin 

notifying FAA of Summer returns by 

April 4, 2022 (instead of February 28, 

2022). The FAA believes this change is 

reasonable because it would be 

impracticable for carriers to meet the 

proposed return deadline given the 

timing of the FAA’s final waiver policy. 

Discussion of Comments Regarding 

Reciprocity 

The FAA received comments 

requesting that the FAA maintain the 

reciprocity requirement. As stated in 

FAA’s proposal and discussed later in 

this notice, FAA expects that foreign 

slot coordinators will provide reciprocal 

relief to U.S. carriers. 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 the 

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 ScheduleFiling@

dot.gov confirming reciprocal treatment 

of the slot holdings of U.S. carriers. 


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24The FAA notes that for purposes of the relief 

described in this proceeding, Canadian carriers are 

treated as foreign carriers. 

25COVID–19 Related Relief Concerning 

Operations at Chicago O’Hare International Airport, 

John F. Kennedy International Airport, Los Angeles 

International Airport, Newark Liberty International 

Airport, New York LaGuardia Airport, Ronald 

Reagan Washington National Airport, and San 

Francisco International Airport for the Winter 2021/ 

2022 Scheduling Season, 86 FR 58134 (Oct. 20, 

2021). 

Discussion of Additional Issues Raised 

in Comments 

FAA received a comment requesting 

the FAA discontinue COVID-related 

relief for international operations due to 

the practical effects of relief weakening 

the reinstatement of connectivity, 

damaging the competitive landscape at 

airports, chilling the introduction of 

new services, and distorting the air 

travel recovery at airports. Based on 

global vaccination rates, changing 

infection rates and the threat of new 

virus strains, continued unpredictability 

of travel restrictions, and the disparity 

between demand for domestic air travel 

and demand for international air travel, 

extending the current limited, 

conditional waiver for international 

operations by all carriers, is reasonable. 

The FAA believes extending the limited, 

conditional slot usage waiver, for 

international operations only, through 

the Summer 2022 season provides 

carriers with the flexibility to operate in 

the unpredictable international market 

and supports the long term viability of 

carrier operations at slot-controlled and 

IATA Level 2 airports in the United 

States. The FAA notes that no U.S. 

carrier or foreign carrier commented in 

opposition of the FAA’s proposed 

extension of COVID-related relief. 

Further, to the extent that some 

commenters question FAA’s authority to 

manage slots and facilitate schedules or 

seek to supersede this proceeding 

entirely by encouraging the federal 

government to establish broader 

aviation industry recovery policies and/ 

or change the regulatory policy 

landscape for managing slots and 

schedule facilitation in the United 

States, such comments are deemed to be 

outside the scope of this proceeding. 

Decision 

In consideration of the foregoing 

information, petitions received in 

advance of the proposal, the comments 

that the FAA has received, and the 

evolving and highly unpredictable 

situation globally with respect to 

ongoing impacts from COVID–19, the 

FAA has determined to extend, for 

international operations only, the 

current limited, conditional relief that 

the FAA has already made available 

through March 26, 2022, through the 

end of the Summer 2022 season on 

October 29, 2022.24 This relief is limited 

to slots and approved operating times 

used by carriers for international 

operations through October 29, 2022, 

and is subject to the same terms and 

conditions that the FAA has applied to 

the relief already made available 

through March 26, 2022, which the FAA 

reiterates in this notice. International 

operations, for the purpose of this 

notice, are flights intended for operation 

between one of the U.S. slot-controlled 

or IATA Level 2 airports and any point 

in a foreign jurisdiction. 

It is not the policy of the Department 

of Transportation (DOT) to use slot and 

Level 2 rules to reserve capacity for 

historic incumbent carriers until 

demand returns to predetermined 

levels. Instead, it is the policy of the 

Department to encourage high 

utilization of scarce public 

infrastructure. As previously stated, at 

some point in time, continuing waivers 

to preserve pre-COVID slot holdings 

may impede the ability of airports and 

airlines to provide services that benefit 

the overall national economy and make 

appropriate use of scarce public assets. 

Therefore, the FAA emphasizes that 

operators should not assume further 

relief on the basis of COVID–19 will be 

forthcoming beyond the end of the 

Summer 2022 scheduling season. 

Based on global vaccination rates, 

changing infection rates and the threat 

of new virus strains, continued 

unpredictability of travel restrictions, 

and the disparity between demand for 

domestic air travel and demand for 

international air travel, extending the 

current limited, conditional waiver for 

international operations by all carriers, 

is reasonable. The FAA believes 

extending the limited, conditional slot 

usage waiver, for international 

operations only, through the Summer 

2022 season provides carriers with the 

flexibility to operate in the 

unpredictable international market and 

supports the long term viability of 

carrier operations at slot-controlled and 

IATA Level 2 airports in the United 

States. 

The FAA recognizes that domestic 

carriers have a mix of both domestic and 

international operations, and therefore 

the agency intends to make this relief 

available for international operations 

that would have been operated in the 

Summer 2022 season, but for COVID–19 

impacts on air travel demand. In other 

words, the FAA intends to provide this 

conditional relief to domestic carriers 

on a scale that is generally comparable 

to each carrier’s pre-COVID level of 

international service. The FAA would 

generally evaluate any request for relief 

from U.S. carriers for the Summer 2022 

scheduling season based on historical 

levels of operations to foreign points as 

demonstrated in published schedules 

from the Summer 2019 scheduling 

season. Domestic carriers seeking relief 

for a particular operation under the 

waiver would need to provide the FAA, 

if not readily apparent from FAA 

records and historic published schedule 

data, alternative supplemental 

information that predates this notice to 

demonstrate intent to use a slot or 

approved operating time for an 

international destination. The FAA 

would not accept evidence of intent to 

use a particular slot or approved 

operating time for an international flight 

during the Summer 2022 season if the 

information is dated after the Summer 

2022 proposal (87 FR 11805) issued on 

February 25, 2022. 

International operations eligible for a 

waiver under this relief are subject to all 

of the same conditions and policies 

made available in FAA’s Winter 2021/ 

2022 waiver, which remains in effect at 

slot-controlled, and IATA Level 2 

airports in the United States for the 

Winter 2021/2022 season.25 The FAA 

believes the conditions associated with 

the relief provided to date are generally 

comparable to the WASB package and 

remain necessary to strike a balance 

between competing interests of 

incumbent carriers and those carriers 

seeking new or increased access at these 

historically-constrained airports, as well 

as to ensure the relief is appropriately 

tailored to reduce the potential to 

suppress flight operations for which 

demand exists. The FAA has 

determined to make available to slot 

holders at U.S. slot-controlled airports 

(DCA, JFK, and LGA) a waiver from the 

minimum slot usage requirements, for 

international operations only, due to 

continuing COVID–19 impacts through 

October 29, 2022, subject to the 

following conditions: 

(1) All slots not intended to be 

operated must be returned at least four 

weeks prior to the date of the FAAapproved operation to allow other 

carriers an opportunity to operate these 

slots on an ad hoc basis without historic 

precedence. However, slots operated as 

approved on a non-historic basis in 

Summer 2022 will be given priority over 

new demands for the same timings in 

the next equivalent season (Summer 

2023) for use on a non-historic basis, 

subject to capacity availability and 

consistent with established rules and 

policies in effect in the United 


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Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices 18061 

26Consistent with the FAA’s final policy 

statement issued January 13, 2021, this priority 

applies to slot or schedule requests for Summer 

2023, which are comparable in timing, frequency, 

and duration to the non-historic ad hoc approvals 

made by the FAA for Summer 2022. This priority 

does not affect the historic precedence or priority 

of slot holders and carriers with schedule 

approvals, respectively, which meet the conditions 

of the waiver during Summer 2022 and seek to 

resume operating in Summer 2023. The FAA may 

consider this priority in the event that slots with 

historic precedence become available for permanent 

allocation by the FAA. 

27Although the FAA is extending the four-week 

rolling return policy consistent with the Winter 

2021/2022 waiver, any carrier returning full-season 

slots or schedule approvals at an airport outside the 

United States and associated with a route to the 

United States will generally be expected to 

similarly return the complementary full-season U.S. 

slot or schedule approval to the FAA for reallocation on a non-historic or ad hoc basis. 

28Consistent with prior proceedings, the FAA 

does not propose to revise this condition to include 

a buffer period for new transfers to be completed 

and still benefit from this waiver. Therefore, this 

policy remains in effect continuously from the 

initial effective date of October 16, 2020. 

29The FAA may consider individualized requests 

from U.S. carriers for domestic relief on a case-bycase basis consistent with the applicable waiver 

standard. 

30The FAA is responsible to develop plans and 

policy for the use of navigable airspace and assign 

by regulation or order the use of the airspace 

necessary to ensure the safety of aircraft and the 

efficient use of airspace. See 49 U.S.C. 40103(b)(1). 

Continued 

States.26 27 Foreign carriers seeking 

priority under this provision will be 

required to represent that their home 

jurisdiction will provide reciprocal 

priority to U.S. carrier requests of this 

nature. Compliance with this condition 

is required for operations scheduled 

from May 2, 2022, through the duration 

of this relief; therefore, carriers must 

begin notifying the FAA of Summer 

returns by April 4, 2022; 

(2) The waiver does not apply to slots 

newly allocated for initial use during 

the Summer 2022 season. New 

allocations meeting minimum usage 

requirements remain eligible for historic 

precedence. The waiver does not apply 

to historic in-kind slots within any 30- 

minute or 60-minute time period, as 

applicable, in which a carrier seeks and 

obtains a similar new allocation (i.e., 

arrival or departure, air carrier or 

commuter, if applicable); and, 

(3) The waiver does not apply to slots 

newly transferred on an uneven basis 

(i.e., via one-way slot transaction/lease) 

since October 15, 2020, for the duration 

of the transfer.28 Slots transferred prior 

to this date may benefit from the waiver 

if all other conditions are met. Slots 

granted historic precedence for 

subsequent seasons based on this relief 

are not eligible for transfer if the slot 

holder ceases all operations at the 

airport. 

In addition, an exception may be 

granted to these conditions based on 

any government restriction that prevents 

or severely restricts travel to specific 

airports, destinations (including 

intermediate points), or countries for 

which the slot was held. This exception 

applies under extraordinary 

circumstances only in which a carrier is 

able to demonstrate that the ability to 

operate a particular flight or comply 

with the conditions of the waiver is 

prevented or severely restricted due to 

an unpredictable official governmental 

action related to COVID–19. Official 

government actions that may qualify for 

this exception include— 

• Government travel restrictions 

based on nationality, closed borders, 

government advisories related to 

COVID–19 that warn against all but 

essential travel, or complete bans on 

flights from/to certain countries or 

geographic areas. 

• Government restrictions related to 

COVID–19 on the maximum number of 

arriving or departing flights and/or the 

number of passengers on a specific 

flight or through a specific airport. 

• Government restrictions on 

movement or quarantine/isolation 

measures within the country or region 

where the airport or destination 

(including intermediate points) is 

located. 

• Government-imposed closure of 

businesses essential to support aviation 

activities (e.g., closure of hotels, ground 

handling suppliers, etc.). 

• Governmental restrictions on airline 

crew, including unreasonable entry 

requirements or unreasonable testing 

and/or quarantine measures. 

This exception is being administered by 

the FAA in coordination with the Office 

of the Secretary of Transportation 

(OST). The extraordinary circumstances 

exception in this slot usage relief is 

limited to the scope of the relief 

otherwise provided by this waiver; U.S. 

carriers should not expect to rely on the 

extraordinary circumstances exception 

for relief for domestic operations.29

The conditions for COVID–19-related 

relief for prioritizing flights canceled at 

IATA Level 2 airports (ORD, EWR, LAX, 

and SFO), for purposes of establishing a 

carrier’s operational baseline in the next 

corresponding season, which the FAA 

will apply to the relief in this notice 

include: 

(1) All schedules as initially 

submitted by carriers and approved by 

the FAA and not intended to be 

operated must be returned at least four 

weeks prior to the date of the FAAapproved operation to allow other 

carriers an opportunity to operate these 

times on an ad hoc basis without 

assurance of priority in the next 

corresponding season. However, 

schedules operated as approved on an 

ad hoc basis in Summer 2022 will be 

given priority over new demands for the 

same timings in the next equivalent 

season (Summer 2023) for use on an ad 

hoc basis, subject to capacity 

availability and consistent with 

established rules and policies in effect 

in the United States. Foreign carriers 

seeking priority under this provision are 

required to represent that their home 

jurisdiction will provide reciprocal 

priority to U.S. carrier requests of this 

nature. Compliance with this condition 

is required for operations scheduled 

from May 2, 2022, through the duration 

of this relief; therefore, carriers must 

begin notifying the FAA of Summer 

returns by April 4, 2022; and, 

(2) The priority for FAA schedules 

approved for Summer 2022 does not 

apply to net-newly approved operations 

for initial use during the Summer 2022 

season. New approved times will 

remain eligible for priority 

consideration in Summer 2023 if 

actually operated in Summer 2022 

according to established processes. 

Consistent with the final decision for 

slot-controlled airports, limited 

exceptions may be granted from either 

or both of these conditions at Level 2 

airports under extraordinary 

circumstances due to any government 

restriction that prevents or severely 

restricts travel to specific airports, 

destinations (including intermediate 

points), or countries for which the 

schedule approval was held, as 

discussed previously with respect to 

slot-controlled airports. If the exception 

is determined not to apply, carriers will 

be expected to meet the conditions for 

relief or operate consistent with 

standard expectations for the Level 2 

environment. The extraordinary 

circumstances exception in this relief 

only applies within the scope of the 

relief otherwise provided by the waiver; 

U.S. carriers should not expect to rely 

on the extraordinary circumstances 

exception for relief related to domestic 

operations. 

The FAA believes an extension of 

relief for international operations only, 

through October 29, 2022, is reasonable 

due to fluctuating travel restrictions and 

the ongoing economic and health 

impacts of COVID–19 internationally. 

The relief is expected to provide carriers 

with flexibility during this 

unprecedented situation and to support 

the long-term viability of international 

operations at slot-controlled and IATA 

Level 2 airports in the United States.30


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18062 Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Notices 

The FAA manages slot usage requirements under 

the authority of 14 CFR 93.227 at DCA and under 

the authority of Orders at LGA and JFK. See 

Operating Limitations at John F. Kennedy 

International Airport, 85 FR 58258 (Sep. 18, 2020); 

Operating Limitations at New York LaGuardia 

Airport, 85 FR 58255 (Sep. 18, 2020). 

Continuing relief for this additional 

period is reasonable to mitigate the 

impacts on passenger demand for 

international air travel resulting from 

the spread of COVID–19 worldwide. 

As of the date of issuance of this 

notice, COVID–19 continues to present 

a highly unusual and unpredictable 

condition for international operations 

that is beyond the control of carriers. 

The continuing impacts of COVID–19 

on global aviation are dramatic and 

extraordinary, with an unprecedented 

decrease in passenger demand for 

international air travel globally. The 

ultimate duration and severity of 

COVID–19 impacts on passenger 

demand for international air travel 

remain unclear. 

The FAA expects that foreign slot 

coordinators will provide reciprocal 

relief to U.S. carriers. 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. The FAA acknowledges 

that some foreign jurisdictions may opt 

to adopt more strict provisions in 

response to this policy than they had 

otherwise planned. However, as 

previously explained, the FAA believes 

the conditions associated with the relief 

provided in this notice are necessary to 

strike a balance between competing 

interests of incumbent carriers and 

those carriers seeking new or increased 

access at these historically-constrained 

airports, as well as to ensure the relief 

is appropriately tailored to reduce the 

potential for a long-term waiver to 

suppress flight operations for which 

demand exists. 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 ScheduleFiling@

dot.gov confirming reciprocal treatment 

of the slot holdings of U.S. carriers. 

The FAA emphasizes that it strongly 

encourages carriers to return slots and 

approved schedules voluntarily as soon 

as possible and for as long a period as 

possible during the Summer 2022 

season, so that other airlines seeking 

operations on an ad hoc basis may do 

so with increased certainty. The rolling 

four-week return deadline is only a 

minimum requirement, and FAA 

anticipates that carriers may often be 

able to provide notice of cancellations 

significantly further in advance than 

four weeks. In both the Level 2 and slotcontrolled environments, the FAA seeks 

the assistance of all carriers to continue 

to work with the FAA to ensure the 

national airspace system capacity is not 

underutilized during the COVID–19 

pandemic. 

Carriers should advise the FAA Slot 

Administration Office of COVID–19- 

related cancellations and return the 

slots to the FAA by email to 7-awaslotadmin@faa.gov to obtain relief. 

Carriers that have already advised the 

FAA Slot Administration Office of 

COVID–19-related cancellations and slot 

returns contingent on the Summer 2022 

final policy do not need to resubmit 

identical requests. The information 

provided should 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 COVID–19 

pandemic. Carriers providing 

insufficient information to clearly 

identify slots that will not be operated 

at DCA, JFK, or LGA will not be granted 

relief from the applicable minimum 

usage requirements. Carriers providing 

insufficient information to identify 

clearly changes or cancellations from 

previously approved schedules at EWR, 

LAX, ORD, or SFO will not be provided 

priority for future seasons. 

Issued in Washington, DC, on March 25, 

2022. 

Marc A. Nichols, 

Chief Counsel. 

Virginia T. Boyle, 

Vice President, System Operations Services. 

[FR Doc. 2022–06743 Filed 3–25–22; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0031] 

Long Island Rail Road’s Request To 

Amend Its Positive Train Control 

Safety Plan and Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on March 22, 

2022, Long Island Rail Road (LIRR) 

submitted a request for amendment 

(RFA) to its FRA-approved Positive 

Train Control Safety Plan (PTCSP). As 

this RFA may involve a request for 

FRA’s approval of proposed material 

modifications to an FRA-certified 

positive train control (PTC) system, FRA 

is publishing this notice and inviting 

public comment on the railroad’s RFA 

to its PTCSP. 

DATES: FRA will consider comments 

received by April 18, 2022. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: Comments: Comments may 

be submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0031. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/train-control/ 

ptc/ptc-annual-and-quarterly-reports. 

All comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

Title 49 United States Code (U.S.C.) 

Section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with 49 CFR part 236, subpart 

I, before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under Title 49 Code of Federal 

Regulations (CFR) section 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal and 

train control system. Accordingly, this 

notice informs the public that, on March 

22, 2022, LIRR submitted an RFA to its 

PTCSP for its Advanced Civil Speed 

Enforcement System II (ACSES II) and 

that RFA is available in Docket No. 

FRA–2010–0031. 

Interested parties are invited to 

comment on LIRR’s RFA to its PTCSP 


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