FAA ISSUES NOTICE OF PROPOSED EXTENSION OF SLOT USAGE RELIEF THROUGH OCTOBER 29, 2022
April 4, 2022
On February 25, 2022, the U.S. Federal Aviation Administration (“FAA”) finalized its decision to extend the slot usage waiver for Level 2 airports (EWR, LAX, ORD, SFO) and Level 3 airports (DCA, JFK, and LGA) through the upcoming Summer 2022 Season (March 27, 2022-October 29, 2022). The FAA’s Notice, titled “COVID-19 Related Relief Concerning International Operations at Chicago O’Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, New York LaGuardia Airport, Ronald Reagan Washington National Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season” renews the terms and conditions contained in its most recent COVID-19 Waiver for the Winter 2021-22 season but limits the waiver to only foreign operations.
Generally, carriers that hold FAA approved time slots at the highest density U.S. airports (Level 3 airports) must utilize their slots at a rate of 80%, or risk losing them the following season (Winter or Summer). Carriers that operate to the second highest density airports (Level 2), which do not require specific FAA approved slots times must submit their schedules to the FAA for approval to prevent overcrowding. Carriers that do not operate according to the approved schedule risk being able to operate a similar schedule the following season.
In recognition of the record low traffic to these high-density airports caused by the COVID-19 pandemic, the FAA has allowed carriers to obtain waivers from the traditional “use or lose” usage requirements. The FAA has continued to renew the Notice since the start of the pandemic in 2020, which establishes the process to request the usage waiver, and is now extending the Notice throughout the Summer 2022 Season. However, the waiver is not available for:
- Domestic operations.
- Slots that were recently allocated by the FAA for Summer 2022 use, and
- Slots that were recently transfer to another carrier for Summer 2022 use.
Permitting carriers to obtain a waiver for the Sumer 2022 season will allow them to maintain their highly coveted slots at high-density airports without being forced to operate empty flights to meet the usage requirements. Moreover, it allows opportunities for other carriers to operate ad hoc operations during the times that were previously reserved for slots but later returned to the FAA. Making the waiver available for the Sumer 2022, will allow for the most efficient use of the high-density airports during this uniquely difficult time for the aviation industry.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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