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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules Submit written views and supporting data by email to the Slot Administration Office at 9-FAA-SlotPolicy@faa.gov.
FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot Administration, AJRG, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone 202 2672822; email Al.Meilus@faa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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 three occasions subject to certain substantive changes, including the addition of conditions, as the COVID19 situation continued to evolve.4 The most recent limited, conditional extension of COVID19 related relief was issued by the FAA on January 13, 2021, and is due to expire on October 31, 2021.5
1 The 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.
40103b1. 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.
2 Although 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, and this policy statement, extends to all allocated slots, including slots allocated by exemption.
3 Notice of Limited Waiver of the Slot Usage Requirement, 85 FR 15,018 Mar. 16, 2020.
4 Notice of Extension of Limited Waiver of the Minimum Slot Usage Requirement, 85 FR 21,500
Apr. 17, 2020; Extension of Limited Waiver of the Minimum Slot Usage Requirement, 85 FR 63,335
Oct. 7, 2020; and FAA Policy Statement: Limited, Conditional Extension of COVID19 Related Relief for the Summer 2021 Scheduling Season Docket No. FAA202008620302.
5 FAA Policy Statement: Limited, Conditional Extension of COVID19 Related Relief for the Summer 2021 Scheduling Season Docket No.
FAA202008620302.

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Current COVID19 Situation Since the FAAs January 13, 2021, policy statement granting a limited, conditional extension of COVID19related relief at slot-controlled airports and IATA Level 2 airports in the United States, COVID19 has continued to cause disruption globally and the timeline for recovery from this global pandemic remains uncertain. The World Health Organization WHO reports COVID19 cases in more than 200
countries, areas, and territories worldwide.6 For the week ending September 12, 2021, the WHO reported nearly 4 million new COVID19 cases and just over 62,000 new deaths, bringing the cumulative total to more than 224 million reported COVID19
cases and more than 4.6 million deaths globally since the start of the COVID19
pandemic.7
The WHO reports that it is monitoring multiple variants globally; currently the WHO has classified four different variants as variants of concern and five different variants as variants of interest. 8 The Center for Disease Control CDC is monitoring four variants of COVID19 in the United States.9 These variants include: The B.1.1.7 Alpha, B.1.351 Beta, P.1
Gamma, and B.1.617.2 Delta.10 The CDC has stated that these variants of concernincluding the current dominant Delta variantspread more easily and quickly. However, the CDC
reports that so far, studies suggest that the current Food and Drug Administration FDA-approved or authorized vaccines do work against the circulating variants.11
On January 21, 2021, President Biden announced the National Strategy for the COVID19 Response and Pandemic Preparedness, a national strategy to beat the COVID19 pandemic.12 The strategy is a comprehensive plan that starts with restoring public trust and mounting an aggressive, safe, and effective vaccination campaign while continuing 6 https covid19.who.int/table.
7 COVID19 weekly epidemiological update, September 14, 2021, available at: https
www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports See also https
covid19.who.int/ for WHO COVID19 Dashboard with the most current number of cases reported.
8 https www.who.int/en/activities/trackingSARS-CoV-2-variants/.
9 Center for Disease Control CDC, About Variants of the Virus that Causes COVID19, available at: https www.cdc.gov/coronavirus/2019ncov/variants/variant.html.
10 Id.
11 Id. See also https www.cdc.gov/coronavirus/
2019-ncov/vaccines/effectiveness/work.html.
12 https www.whitehouse.gov/wp-content/
uploads/2021/01/National-Strategy-for-the-COVID19-Response-and-Pandemic-Preparedness.pdf.

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with the steps that stop the spread like expanded masking, testing, and social distancing. On September 9, 2021, President Biden announced a sixpronged approach to expand vaccinations, provide booster shots, keep schools safely open, increase testing and masking, protect the economic recovery, and improve care for those with COVID19.13
Currently three COVID19 vaccines have been authorized for emergency use or approved by the FDA.14 As of September 13, 2021, 53.9% of Americans are fully vaccinated and 63.2% of Americans have received at least one dose.15 Increased rates of vaccination in the U.S., along with other measures to stop the spread have resulted in an overall decline of the U.S.
COVID19 infection rate since the previous COVID19 waiver proceeding.
However, cases increased again following the U.S. reaching its lowest rates of infection experienced since the week of March 16, 2020 79,358
confirmed new cases for the week of June 14 reflected the lowest rate of infection since the week of March, 16, 2020.16 When the FAA extended COVID19-related relief on January 13, 2021, the number of confirmed cases of COVID19 in the U.S. for the week of January 11, 2021, based on WHO data, was 1,580,016.17 For the week ending September 12, 2021, which is the most recent week for which data is available, the WHO reports 1,034,836 confirmed cases in the United States.18
The U.S. is attempting to distribute vaccines globally to help vaccination numbers improve.19 On August 18, 2021, President Biden announced that in the months of June and July the United States had donated 100 million doses and that in the coming months of fall and early winter another 100
million boosters and 200 million 13 President Bidens COVID19 Plan The White House.
14 https www.fda.gov/emergency-preparednessand-response/coronavirus-disease-2019-covid-19/
covid-19-vaccines.
15 CDC, COVID19 Vaccinations in the United States, updated September 13, 2021, available at:
https covid.cdc.gov/covid-data-tracker/
vaccinations.
16 https covid19.who.int/region/amro/country/
us.
17 FAA Policy Statement: Limited, Conditional Extension of COVID19 Related Relief for the Summer 2021 Scheduling Season. Docket No.
FAA202008620302. See also https covid19.
who.int/region/amro/country/us.
18 COVID19 weekly epidemiological update, September 14, 2021, available at: https
www.who.int/emergencies/diseases/novelcoronavirus-2019/situation-reports. See also https
covid19.who.int/region/amro/country/us.
19 https www.whitehouse.gov/briefing-room/
statements-releases/2021/06/03/statement-bypresident-joe-biden-on-global-vaccine-distribution/.

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