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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Proposed Rules
additional doses will be donated to other countries.20
The President has placed a suspension and limitation on entry into the United States for non-U.S. citizens or permanent residents who have been present in, several foreign countries within the preceding 14 days.21
International travel advisories issued by the U.S. Department of States Global Health Advisory remain in effect worldwide, including designations ranging from Level 1Exercise Normal Precautions to Level 4Do Not Travel for more than 200 destinations.22 A
majority of countries are designated either Level 3 of Level 4where COVID19 numbers are classified as high and very high, respectively.23 The U.S. Department of State advises that challenges to any international travel at this time may include mandatory quarantines, travel restrictions, and closed borders. The U.S. Department of State has noted further that foreign governments may implement restrictions with little notice, even in destinations that were previously low risk. Accordingly, the U.S. Department of State has warned Americans choosing to travel internationally that their trip may be disrupted severely and it may be difficult to arrange travel back to the United States. The CDC advises prospective domestic travelers to consider whether their destination has requirements or restrictions for travelers, and notes that State, local, and territorial governments may have travel restrictions in place, including testing requirements, stay-at-home orders, and quarantine requirements upon arrival.24
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 the FAAs initial decision granting relief due to COVID19
impacts.25 At JFK and LGA, each slot must be used at least 80 percent of the 20 https www.whitehouse.gov/briefing-room/
speeches-remarks/2021/08/18/remarks-bypresident-biden-on-fighting-the-covid-19-pandemic2/.
21 https www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/25/proclamation-onthe-suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-whopose-a-risk-of-transmitting-coronavirus-disease/.
22 https travel.state.gov/content/travel/en/
traveladvisories/traveladvisories.html/.
23 https www.cdc.gov/coronavirus/2019-ncov/
travelers/map-and-travel-notices.htmltravel-4.
24 https www.cdc.gov/coronavirus/2019-ncov/
travelers/travel-during-covid19.html.
25 See 85 FR 15018 Mar. 16, 2020.

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time.26 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.27
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.28 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.29
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 Petitions From Stakeholders Concerning Continued COVID19 Relief The FAA has received nine petitions regarding COVID19-related relief for the Winter 2021/2022 season to date.
Five petitioners, including the International Air Transport Association IATA, Avianca Airlines, All Nippon Airways ANA, Lufthansa Group, and Airlines for America A4A 30 seek further relief through the end of the Winter 2021/2022 scheduling season 26 Operating 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.
27 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, 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.
28 See 14 CFR 93.227a.
29 See 14 CFR 93.227j.
30 All petitions and other submissions related to COVID19 relief beyond the Summer 2021 season received by the FAA, with exception of one petition which was marked privileged and confidential, have been included in the docket for this proceeding. The FAA notes that two submissions were received from IATA, dated June 4 and June 25, 2021, respectively.

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due to ongoing COVID19 impacts on demand for air travel. These petitioners emphasize the critical importance of an expedient decision to provide the industry with stability and certainty during the ongoing COVID19
pandemic. Three petitioners, including JetBlue Airways JetBlue, Southwest Airlines Co. Southwest, and Airports Council International-North America ACINA, oppose further extension of the limited, conditional relief FAA has made available through October 30, 2021. ACINA and JetBlue oppose any further relief due to COVID19;
however, JetBlue recognizes the potential need for relief for international operations and urges FAA to adopt a case-by-case approach to evaluating petitions for relief. Southwest specifically opposes any further relief at U.S. domestic airports, DCA and LGA.
One petitioner submitted a petition marked privileged and confidential.
IATA, Avianca, ANA, and Lufthansa Group support continued relief for international operations at U.S. slotcontrolled and IATA Level 2 airports and would prefer the FAA adopt the Worldwide Airport Slot Boards WASB
slot relief package.31 The FAA has previously described the provisions of the WASB slot relief package and explained how the provisions would be applied in the United States, if adopted, in a notice of proposed extension of a limited, conditional waiver of minimum slot usage requirement beyond March 27, 2021, which was published in the Federal Register on December 22, 2020
85 FR 83672. The WASB slot relief package remains unchanged from the prior slot relief proceeding.
IATA believes the situation remains critically desperate and recovery slow highlighting the uncertainty around the need for booster vaccinations this fall, the impact of variants and government management of restrictions related to these outbreaks, lack of significant corporate demand until at least 2022, significant new outbreaks in Asia and Latin American and the related government retraction from reopening, as well as the disparity between countries approaches to managing the risk as justification for continued slot relief for international operations. IATA
states that flexibility from continued slot usage relief enables airlines to focus flying where there is demand and not purely to satisfy slot use rules and that worsening the competitive position of U.S. aviation as it emerges 31 A summary of the WASB proposal for Winter 2021/2022 was included in an annex to IATAs June 4, 2021 petition, which has been placed in the docket for this proceeding.

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