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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules 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 historic precedence. Schedules operated as approved on an ad hoc basis in Winter 2021/2022 will be given priority over new demands for the same timings in the next equivalent season Winter 2022/2023 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 would be required to represent that their home jurisdiction will provide reciprocal priority to U.S.
carrier requests of this nature; and, 2 The priority for FAA schedules approved for Winter 2021/2022 does not apply to net-newly approved operations for initial use during the Winter 2021/
2022 season. New approved times will remain eligible for priority consideration in Winter 2022/2023 if actually operated in Winter 2021/2022
according to established processes.
Consistent with the proposal for slotcontrolled 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 slot was held, as discussed previously with respect to slotcontrolled airports. If the exception is determined not to apply, carriers are expected to meet the conditions for relief or operate consistent with standard expectations for the Level 2
environment. The extraordinary circumstances exception in this slot usage relief would only apply within the scope of the relief otherwise provided by the waiver, 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 all international operations, through March 26, 2022, is reasonable due to fluctuating travel restrictions and ongoing economic and health impacts of COVID19 internationally. The proposed 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.38
38 The 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
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Continuing relief for this additional period is reasonable to mitigate the impacts on passenger demand for international air travel resulting from the spread of COVID19 worldwide.
As of the date of issuance of this notice, U.S. domestic air travel demand and vaccination rates have reached a level that the FAA believes no longer necessarily justifies COVID19-related slot usage relief domestically. However, COVID19 continues to present a highly unusual and unpredictable condition for international operations that is beyond the control of carriers. Indeed, foreign carriers in many parts of the world are prevented from operating to the United States due to governmental restrictions resulting from COVID19. The continuing impacts of COVID19 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 COVID19 impacts on passenger demand for international air travel remains unclear. Even after the pandemic is contained, impacts on passenger demand for international air travel are likely to continue for some time.
If the FAA extends relief for international operations through March 26, 2022, as proposed, 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 carriers 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 carriers home jurisdiction submits a statement by email to ScheduleFiling@dot.gov confirming reciprocal treatment of the slot holdings of U.S. carriers.
Invitation for Comment and Submission of Supporting Information The FAA seeks views and information regarding this proposal. Interested persons are invited to submit comments and supporting information to demonstrate why the FAA should or should not finalize this decision, and to submit any information relevant to necessary to ensure the safety of aircraft and the efficient use of airspace. See 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 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.

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making this decision. The FAA has received multiple formal petitions advocating on behalf of U.S. carriers that seek continued relief for international operations. However, the FAA has not received formal, individualized requests from U.S.
carriers explaining the need for continued relief for international operations despite the early signs of recovery of air travel demand in the United States and certain parts of the world and the potential for U.S. carriers to utilize slots for operations on alternative routesdomestic or international. In particular, U.S. carriers are invited to provide individualized responses to the following What is the basis with supporting rationale under which a U.S. carrier may necessitate continued relief for international operations in light of increasing demand for air travel domestically and for some international destinations? To what extent do carriers anticipate being unable to meet minimum slot usage requirements and/
or operate consistent with approvals at Level 2 airports?
What is the particularized relief requested for the Winter 2021/2022
season? In other words, each U.S. carrier seeking relief for international operations this Winter is invited to provide a detailed accounting of which operations in its portfolio have historically been used for international service versus domestic as well as any differences for the upcoming Winter 2021/2022 season, with an explanation regarding what extent such, as percentage of the carriers international portfolio cannot be repurposed for alternate operations?
What sources of information, other than historic published schedules, would U.S. carriers make available to FAA to demonstrate intent to use specific slots or approved timing for international operations versus domestic?
To what extent have U.S. carriers relied upon the relief provided for the Summer 2021 season for international operations?
Information submitted to the FAA
may be subject to disclosure under the Freedom of Information Act. The FAA
recognizes that commenters may seek to submit business information that is both customarily and actually treated as confidential. Persons that submit such confidential business information should clearly mark the information as PROPIN. The FAA will take the necessary steps to protect properly designated information to the extent allowable by law.

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