FAA EXTENDS COVID-19 SLOT RELIEF THROUGH MARCH
October 4, 2021
On September 16, 2021, the U.S. Federal Aviation Administration (“FAA”) has determined that the ongoing COVID-19 crisis warrants an extension of the waiver of minimum slot usage requirements at Level 3 airports (i.e. JFK, LGA, DCA) as well as designated IATA Level 2 airports (i.e. ORD, LAX, EWR, SFO) in the United States.
The FAA’s initial waiver order was issued in March 2020 and lasted through May 31, 2020; it was then extended to October 24, 2020, and ultimately further extended until October 30, 2021. The FAA now proposes to further extend the order through the end of the Winter 2021/2022 season, to March 26, 2022. After reviewing industry comments on the last extension, the FAA has determined it will maintain the current waiver structure instead of proceeding with the conditions proposed by the Worldwide Airport Slot Board.
Under the current structure, carriers may seek a waiver from the slot usage requirements simply by informing the FAA which slots will not be used due to COVID-19 related issues, subject to the following conditions: (1) Carriers must return the slots they do not intend to use to the FAA four weeks prior to start of the FAA approved operation; (2) the waiver does not apply to newly allocated slots; and (3) the waiver does not apply to slots that have been leased to another carrier.
Similarly, the FAA proposes that through March 26, 2022, its COVID-19-related policy for prioritizing flights cancelled at designated IATA Level 2 airports in the United States (i.e. ORD, LAX, EWR, SFO) will continue for purposes of establishing a carrier’s operational baseline in the next corresponding season, subject to the follow conditions: (1) Carriers must return the slots they do not intend to use to the FAA four weeks prior to start of the FAA approved operations; and (2) schedules approved for Winter 2021/2022 do not apply to net-newly approved operations for initial use during the Winter 2021/2022 season.
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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