Quiero saber acerca de...

52118

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules
is comparable to each carriers preCOVID level of international service.
The FAA would generally evaluate any request for relief from U.S. carriers for the Winter 2021/2022 scheduling season based on historical levels of operations to foreign points as demonstrated in published schedules. 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 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 Winter 2021/2022 season, if the information is dated after this notice is issued.
International operations eligible for a waiver under this proposal would be subject to all of the same conditions and policies, with minor modifications, described in FAAs January 13, 2021
policy statement, which remains in effect at slot-controlled and IATA Level 2 airports in the United States for the Summer 2021 season.33 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 conditions for relief at slot-controlled airports, which the FAA would apply to the relief proposed in this notice, include:
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. Compliance with this condition is required for operations scheduled from October 31, 2021
through the duration of this relief;
therefore, carriers should begin notifying the FAA of Winter returns by October 4, 2021. Slots operated as approved on a non-historic basis in Winter 2021/2022 will be given priority over new demands for the same timings in the next equivalent season Winter 33 FAA Policy Statement: Limited, Conditional Extension of COVID19 Related Relief for the Summer 2021 Scheduling Season. Docket No.
FAA202008620302.

VerDate Sep<11>2014

15:49 Sep 17, 2021

Jkt 253001

2022/23 for use on a non-historic basis, subject to capacity availability and consistent with established rules and policies in effect in the United States.34 35 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.
2 The waiver does not apply to slots newly allocated for initial use during the Winter 2021/2022 season. New allocations meeting minimum usage requirements remain eligible for historic precedence. The waiver does not apply to historic in-kind slots within any 30minute 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.36 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, as proposed, an exception may be granted to these conditions based on any government restriction that prevents or severely restricts international travel to specific airports, destinations including intermediate points or countries for which the slot was held. This exception applies under extraordinary circumstances only in 34 Consistent with the FAAs final policy statement issued January 13, 2021, this priority would apply to slot or schedule requests for Winter 2022/2023, which are comparable in timing, frequency, and duration to the non-historic ad hoc approvals made by the FAA for Winter 2021/2022.
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 Winter 2021/2022
and seek to resume operating in Winter 2022/2023.
The FAA may consider this priority in the event that slots with historic precedence become available for permanent allocation by the FAA.
35 Although the FAA is proposing to extend the four-week rolling return policy consistent with the Summer 2021 waiver, any carrier returning fullseason 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 re-allocation on a non-historic or ad hoc basis.
36 As previously explained, the FAA has determined not to revise this condition to include a buffer period for new transfers to be completed and still benefit from this waiver. Therefore, this policy will remain in effect continuously from the initial effective date of October 16, 2020.

PO 00000

Frm 00013

Fmt 4702

Sfmt 4702

which a carrier is able to demonstrate that the ability to operate a particular flight or comply with the conditions of the proposed waiver is prevented or severely restricted due to an unpredictable official governmental action related to COVID19. This proposed exception includes minor modifications compared to the exception currently in effect for the Summer 2021 season.37 The FAA seeks to provide greater flexibility in allowing exceptions under certain circumstances based on issues that have arisen in the course of implementing the relief currently available. Official government actions that may qualify for this exception, include Government travel restrictions based on nationality, closed borders, government advisories related to COVID19 that warn against all but essential travel, or complete bans on flights from/to certain countries or geographic areas.
Government restrictions related to COVID19 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 would only apply 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 for domestic operations.
The conditions for COVID19-related relief for prioritizing flights canceled at IATA Level 2 airports, for purposes of establishing a carriers operational baseline in the next corresponding season, which the FAA would apply to the relief proposed in this notice include:
1 All schedules as initially submitted by carriers and approved by 37 See FAA Policy Statement: Limited, Conditional Extension of COVID19 Related Relief for the Summer 2021 Scheduling Season Docket No. FAA202008620302.

E:FRFM20SEP1.SGM

20SEP1