FAA EXTENDS SLOT RELIEF THROUGH OCTOBER
February 12, 2021
On January 13, 2021, the FAA determined the ongoing COVID-19 crisis warrants an extension of the waiver of minimum slot usage requirements at Level 3 airports (JFK, LGA, DCA) as well as designated IATA Level 2 airports in the United States (ORD, LAX, EWR, SFO).
The FAA’s initial waiver order was issued in March 2020 and lasted until May 31, 2020. It was then extended to October 24, 2020, and further extended until March 27, 2021. The FAA has now extended the Order to October 30, 2021. Additionally, after reviewing the 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 waiver structure, a carrier may seek a waiver from the slot usage requirements simply by informing the FAA which slots it will not use 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 extended through October 30, 2021 its COVID-19-related policy for prioritizing flights cancelled at designated IATA Level 2 airports in the United States (ORD, LAX, EWR, SFO), 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 Summer 2021 does not apply to net-newly approved operations for initial use during the Summer 2021 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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