FAA ISSUES EXTENSION OF MINIMUM SLOT USAGE REQUIREMENTS
November 18, 2020
On October 2, 2020, the FAA issued an extension of limited waiver, available here, of the minimum slot usage requirements through March 27, 2021. It applies to JFK, LGA, and DCA. Additionally, the FAA also extended the COVID-19-related 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 scheduling season through March 27, 2021. The FAA noted that the relief announced in this notice is currently only available for the Winter 2020/2021 scheduling season, which runs from October 25, 2020 through March 27, 2021. Additionally, the FAA is amending the return deadline to a simple, rolling four-week time period beginning October 15, 2020, for purposes of planned operations four weeks from that date on November 12, 2020. The four-week return period will not apply to slots for the period from October 28, 2020 through November 11, 2020. Usage will be waived for COVID-19 cancellations during this period consistent with the other conditions applied to the waiver. Under this waver, the conditions applicable to Level 2 airports are as follows:
(1) All schedules as initially submitted by carriers and approved by FAA and not intended to be operated must be returned at least four weeks prior to the date of the FAA-approved operation to allow other carriers an opportunity to operate these times on an ad hoc basis without historic precedence. Compliance with this condition is required for operations scheduled from November 12 through the rest of the season; therefore, carriers should begin notifying FAA of returns or other schedule adjustments on October 15. Times for previously approved flights for the period from October 28, 2020 through November 11, 2020 are not subject to this condition.
(2) The priority for FAA schedules approved for Winter 2020/2021 does not apply to net-newly approved operations for initial use during the Winter 2020/2021 season. New approved times would remain eligible for priority consideration in Winter 2021/2022 if actually operated in Winter 2020/2021 according to established processes.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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