[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21164-21167]
[FR Doc No: 2010-9497]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0256]
RIN 1625-AA00

Safety Zone; Neuse River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Neuse River in support of the New Bern, North Carolina
Tercentennial Celebration. All vessels are prohibited from transiting
the zone except as specifically authorized by the Captain of the Port
or his designated representative. The temporary safety zone is
necessary to provide for the safety of the crews, spectators, and other
users and vessels of the waterway during a Civil War naval bombardment
reenactment.

DATES: This rule is effective from 11:30 a.m. through 8 p.m. on May 8,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0256 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0256 in the
``Keyword''

box, and then clicking ``Search.'' They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247-
4525, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because insufficient notice was provided to
the Coast Guard to publish an NPRM and because the Coast Guard must
take immediate measures to ensure the safety of life and property on
the navigable waters of the United States.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to public interest, since immediate action is needed to
ensure the public's safety from the hazards associated with maneuvering
deep draft sailing vessels in the limits of a narrow channel and the
firing of black powder cannons during a Civil War naval bombardment
reenactment.

Basis and Purpose

    The City of New Bern, North Carolina is sponsoring a Civil War
naval bombardment reenactment on the waters of the Neuse River. The
naval bombardment will include the 62' Skipjack Ada Mae, the 72' Gaff
Rigged Schooner Jeanie B, and the 58' Brigantine Meka II. The sailing
vessels will be under sail and firing black powder cannons within the
confines of the safety zone. Due to their limited maneuverability and
draft, the event vessels are restricted to within 200 yards of the main
channel.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on the
waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. The limits of the safety zone will encompass
all the waters of the Neuse River bound by the following points;
onshore at New Bern in approximate position 35[deg]06'12'' W;
077[deg]02'12'' N thence to 35[deg]05'52'' W; 077[deg]02'15'' N thence
to 35[deg]05'49'' W; 077[deg]01'49'' N thence to 35[deg]06'17'' W;
077[deg]01'48'' N thence to 35[deg]06'21'' W; 077[deg]02'06'' N. The
temporary safety zone will be enforced from 11:30 a.m. to 1 p.m. and
from 6:30 p.m. to 8 p.m. on May 8, 2010. The safety zone is necessary
to provide for the safety of the participating vessels, crews,
spectators, sponsor vessels, and other users and vessels of the
waterway. Persons and vessels will be prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or a designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation will restrict
access to the area, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration
of time; and (ii), the Coast Guard will give advance notification via
maritime advisories so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of tugs and barges,
recreational, and fishing vessels intending to transit the specified
portion of the Neuse River from 11:30 a.m. to 1 p.m. and from 6:30 p.m.
to 8 p.m. on May 8, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for a limited duration of time and before the
effective period, the Coast Guard will issue maritime advisories widely
available to the users of the waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on them. We have
analyzed this rule under that Order and have determined that it does
not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule establishes a temporary safety zone to
protect the general public from the hazards associated with maneuvering
deep draft sailing vessels in the limits of a narrow channel and the
firing of black powder cannons during a civil war naval bombardment
reenactment. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0256 to read as follows:

Sec.  165.T05-0256  Safety Zone; Neuse River, New Bern, NC.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Designated
representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized to act on the behalf of the Captain of
the Port.
    (b) Location. The following area is a temporary safety zone: the
waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. This zone includes all the waters of the
Neuse River bound by the following points; Onshore at New Bern in
approximate position 35[deg]06'12'' W; 077[deg]02'12'' N thence to
35[deg]05'52'' W; 077[deg]02'15'' N thence to 35[deg]05'49'' W;
077[deg]01'49'' N thence to 35[deg]06'17'' W; 077[deg]01'48'' N thence
to 35[deg]06'21'' W; 077[deg]02'06'' N.
    (c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
    (2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number<PHONE_NUMBER> or by radio on
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 11:30
a.m. to

1 p.m. and from 6:30 p.m. to 8 p.m. on May 8, 2010 unless cancelled
earlier by the Captain of the Port.

    Dated: April 6, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-9497 Filed 4-22-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19158-19159]
[FR Doc No: 2014-07639]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71842; File No. SR-CME-2014-12]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding Modifications to CME Rule 281H.02.A. Regarding CME's Cleared
OTC U.S. Dollar/Indonesian Rupiah (USD/IDR) Spot, Forwards and Swaps
Contracts

April 1, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 28, 2014, Chicago Mercantile Exchange
Inc. (``CME'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change described in Items I, II and
III below, which Items have been prepared primarily by CME. CME filed
the proposal pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule
19b-4(f)(4)(ii) \4\ thereunder, so that the proposal was effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CME is filing proposed rule changes that are limited to its
business as a derivatives clearing organization (``DCO''). More
specifically, the proposed rule changes would amend certain aspects of
CME Rule 281H.02.A. regarding CME's Cleared OTC U.S. Dollar/Indonesian
Rupiah (USD/IDR) Spot, Forwards and Swaps contracts.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CME included statements
concerning the purpose and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CME has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    CME is registered as a DCO with the Commodity Futures Trading
Commission and offers clearing services for many different futures and
swaps products. The proposed rule changes that are the subject of this
filing are limited to CME's business as a DCO offering clearing
services for CFTC-regulated swaps products.
    The proposed rule changes amend CME Rule 281H.02.A., which deals
with CME's Cleared OTC U.S. Dollar/Indonesian Rupiah (USD/IDR) Spot,
Forwards and Swaps contracts. These contracts are non-deliverable
foreign currency forward contracts and, as such, are considered to be
``swaps'' under applicable regulatory definitions.\5\
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    \5\ See Commodity Futures Trading Commission and Securities and
Exchange Commission Joint Final Rule Defining ``Swap,'' ``Security-
Based Swap,'' and ``Security-Based Swap Agreement;'' Mixed Swaps;
Security-Based Swap Agreement Recordkeeping; Final Rule, 77 FR
48207, 48255 (August 13, 2012).
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    CME specifically seeks to amend the Day of Cash Settlement rule for
the cleared only USD/IDR contracts since the internationally accepted
benchmark fixing that underlies these contracts will be amended
effective March 28, 2014. The fixing for the USD/IDR contract is moving
onshore to Bank Indonesia (i.e., the Central Bank of Indonesia). These
changes will be effective upon filing.
    The changes that are described in this filing are limited to CME's
business as a DCO clearing products under the exclusive jurisdiction of
the CFTC and do not materially impact CME's security-based swap
clearing business in any way. CME notes that it has also

certified the proposed rule changes that are the subject of this filing
to its primary regulator, the Commodity Futures Trading Commission
(``CFTC''), in a separate filing, CME Submission No. 14-091R.
    CME believes the proposed rule changes are consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\6\ CME is amending the CME Rulebook so that the Day of Cash
Settlement rule for CME's cleared only USD/IDR contracts conforms with
the internationally accepted benchmark fixing that occurs at 10:00 a.m.
Jakarta time and will therefore facilitate CME's settlement process.
The proposed changes are intended to enhance CME's ability to complete
settlements on a timely basis under varying circumstances and as such
are designed to promote the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivatives agreements, contracts, and transactions, to assure the
safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible, and, in
general, to protect investors and the public interest consistent with
Section 17A(b)(3)(F) of the Exchange Act.\7\
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    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    Furthermore, the proposed changes are limited in their effect to
products offered under CME's authority to act as a DCO. The products
that are the subject of this filing are under the exclusive
jurisdiction of the CFTC. As such, the proposed CME changes are limited
to CME's activities as a DCO clearing swaps that are not security-based
swaps and forwards that are not security forwards; CME notes that the
policies of the CFTC with respect to administering the Commodity
Exchange Act are comparable to a number of the policies underlying the
Exchange Act, such as promoting market transparency for over-the-
counter derivatives markets, promoting the prompt and accurate
clearance of transactions and protecting investors and the public
interest.
    Because the proposed changes are limited in their effect to OTC FX
products offered under CME's authority to act as a DCO, the proposed
changes are properly classified as effecting a change in an existing
service of CME that:

(a) Primarily affects the clearing operations of CME with respect to
products that are not securities, including futures that are not
security futures, swaps that are not security-based swaps or mixed
swaps; and forwards that are not security forwards; and
(b) does not significantly affect any securities clearing operations
of CME or any rights or obligations of CME with respect to
securities clearing or persons using such securities-clearing
service.

As such, the changes are therefore consistent with the requirements of
Section 17A of the Exchange Act \8\ and are properly filed under
Section 19(b)(3)(A) \9\ and Rule 19b-4(f)(4)(ii) \10\ thereunder.
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    \8\ 15 U.S.C. 78q-1.
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(4)(ii).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. The proposed changes
conform CME's OTC FX rulebook with internationally accepted benchmarks
for the purpose of enhancing CME's ability to complete settlements on a
timely basis under varying circumstances

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \11\ of the Act and paragraph (f)(4)(ii) of Rule
19b-4 \12\ thereunder. At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(4)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2014-12 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC, 20549-1090.

All submissions should refer to File Number SR-CME-2014-12. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours or
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.
    All submissions should refer to File Number SR-CME-2014-12 and
should be submitted on or before April 28, 2014.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07639 Filed 4-4-14; 8:45 am]
BILLING CODE 8011-01-P


Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 1 For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows:

PART 51  [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401 7671q.

Subpart I  [ Amended]

2. Section 51.165 is amended:

a. By revising paragraph ( a)( 1)( v)( C)( 1).

b. By adding paragraphs ( a)( 1)( xliii) through ( xlvi),

and paragraphs ( h) and ( i).

The revision and additions read as follows:

§ 51.165 Permit requirements.

( a) * * *

( 1) * * *

( v) * * *

( C) * * *

( 1) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement shall include,

but not be limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( h) of this section.

* * * * * Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 2 ( xliii)( A) In general, process unit means any collection of structures and/ or equipment that processes,

assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

( B) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( C) For replacement cost purposes, parts shared between two or more process units are proportionately allocated based on capacity.

( D) The following list identifies the process units at specific categories of stationary sources.

( 1) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 3 the coal handling equipment, pulverizers or coal crushers,

feedwater heaters, ash handling, boiler, burners,

turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

( 2) For a petroleum refinery, there are several categories of process units: those that separate and/ or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

( 3) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( xliv) Functionally equivalent part means a part that serves the same purpose as the replaced part.

( xlv) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 4 ( a)( 1)( xlvi) of this section.

( xlvi) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

( h) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and all maintenance and repair activities that are part of the replacement activity, without regard to other considerations, provided that all of the requirements in paragraphs ( h)( 1) through ( 3) of this section are met. A repair or maintenance activity is part of a replacement activity if it is conducted in conjunction with the replacement. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 5 ( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as defined in 51.165( a)( 1)( xx), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

( ii) For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

( iii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph ( h)( 1)( iv) of this section, the owner or operator shall base the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) As an alternative to paragraph ( h)( 1)( iii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 6 insurance value ( where the insurance value covers only complete replacement), investment value adjusted for inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles,

provided that the owner or operator sends a notice to the reviewing authority at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice to the reviewing authority, then paragraph ( h)( 1)( iii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless an another notice is sent to the reviewing authority selecting another procedure consistent with this paragraph or paragraph ( h)( 1)( iii) of this section at the beginning of such fiscal year.

( 2) Basic Design Parameters. The replacement does not change the basic design parameter( s) of the process unit to which the activity pertains.

( i) Except as provided in paragraph ( h)( 2)( iii) of this section, for a process unit at a steam electric Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 7 generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter( s) for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraph ( h)( 2)( iii) of this section, the basic design parameter( s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel input, maximum rate of material input,

or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator must select the appropriate parameter for the dominant emission source of the process unit.

( iii) If the owner or operator believes the basic design parameter( s) in paragraphs ( h)( 2)( i) and ( ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter( s) Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 8 for the source's process unit( s). If the reviewing authority approves of the use of an alternative basic design parameter( s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter( s) specified in paragraphs ( h)( 2)( i) and ( ii) of this section.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter( s) using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 9 legally enforceable. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 10 3. Section 51.166 is amended:

a. By revising paragraph ( b)( 2)( iii)( a).

b. By adding paragraphs ( b)( 53) through ( 56), and paragraphs ( y) and ( z).

The revision and additions read as follows:

§ 51.166 Prevention of significant deterioration of air quality.

( b) * * *

( 2) * * *

( iii) * * *

( a) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement shall include,

but not be limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( y) of this section.

* * * * *

( 53)( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles,

applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 11 ( ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( iii) For replacement cost purposes, parts shared between two or more process units are proportionately allocated based on capacity.

( iv) The following list identifies the process units at specific categories of stationary sources.

( a) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers,

feedwater heaters, ash handling, boiler, burners,

turbinegenerator set, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

( b) For a petroleum refinery, there are several categories of process units: those that separate and/ or Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 12 distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

( c) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( 54) Functionally equivalent part means a part that serves the same purpose as the replaced part.

( 55) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 56) of this section.

( 56) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 13 field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

( y) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and all maintenance and repair activities that are part of the replacement activity, without regard to other considerations, provided that all of the requirements in paragraphs ( y)( 1) through ( 3) of this section are met. A repair or maintenance activity is part of a replacement activity if it is conducted in conjunction with the replacement.

( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as defined in 51.166( b)( 30), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 14 ( ii) For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

( iii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph ( y)( 1)( iv) of this section, the owner or operator shall base the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) As an alternative to paragraph ( y)( 1)( iii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use insurance value ( where the insurance value covers only complete replacement), investment value adjusted for inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles,

provided that the owner or operator sends a notice to the reviewing authority at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 15 to the reviewing authority, then paragraph ( y)( 1)( iii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless an another notice is sent to the reviewing authority selecting another procedure consistent with this paragraph or paragraph ( y)( 1)( iii) of this section at the beginning of such fiscal year.

( 2) Basic Design Parameters. The replacement does not change the basic design parameter( s) of the process unit to which the activity pertains.

( i) Except as provided in paragraph ( y)( 2)( iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 16 basic design parameter( s) for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraph ( y)( 2)( iii) of this section, the basic design parameter( s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel input, maximum rate of material input,

or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator must select the appropriate parameter for the dominant emission source of the process unit.

( iii) If the owner or operator believes the basic design parameter( s) in paragraphs ( y)( 2)( i) and ( ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter( s)

for the source's process unit( s). If the reviewing authority approves of the use of an alternative basic design parameter( s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The owner or operator shall use credible Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 17 information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter( s) specified in paragraphs ( y)( 2)( i) and ( ii) of this section.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter( s) using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 18 PART 52  [ Amended]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U. S. C. 7401, et seq.

Subpart A  [ Amended]

2. Section 52.21 is amended:

a. By revising paragraph ( b)( 2)( iii)( a).

b. By adding paragraphs ( b)( 55) through ( 58), and paragraphs ( cc) and ( dd).

The revision and additions read as follows:

§ 52.21 Prevention of significant deterioration of air quality.

( b) * * *

( 2) * * *

( iii) * * *

( a) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement shall include,

but not be limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( cc) of this section.

* * * * *

( 55)( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 19 applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

( ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( iii) For replacement cost purposes, parts shared between two or more process units are proportionately allocated based on capacity.

( iv) The following list identifies the process units at specific categories of stationary sources.

( a) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers,

feedwater heaters, ash handling, boiler, burners, turbine Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 20 generator set, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

( b) For a petroleum refinery, there are several categories of process units: those that separate and/ or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

( c) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( 56) Functionally equivalent part means a part that serves the same purpose as the replaced part.

( 57) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 58) of this section.

( 58) Total capital investment means the sum of the Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 21 following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

( cc) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and all maintenance and repair activities that are part of the replacement activity, without regard to other considerations, provided that all of the requirements in paragraphs ( cc)( 1) through ( 3) of this section are met. A repair or maintenance activity is part of a replacement activity if it is conducted in conjunction with the replacement.

( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 22 defined in 52.21( b)( 31), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

( ii) For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

( iii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph ( cc)( 1)( iv) of this section, the owner or operator shall base the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) As an alternative to paragraph ( cc)( 1)( iii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use insurance value ( where the insurance value covers only complete replacement), investment value adjusted for Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 23 inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles,

provided that the owner or operator sends a notice to the reviewing authority at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice to the reviewing authority, then paragraph ( cc)( 1)( iii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless an another notice is sent to the reviewing authority selecting another procedure consistent with this paragraph or paragraph ( cc)( 1)( iii) of this section at the beginning of such fiscal year.

( 2) Basic Design Parameters. The replacement does not change the basic design parameter( s) of the process unit to which the activity pertains.

( i) Except as provided in paragraph ( cc)( 2)( iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 24 maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter( s) for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraph ( cc)( 2)( iii) of this section, the basic design parameter( s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel input, maximum rate of material input,

or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator must select the appropriate parameter for the dominant emission source of the process unit.

( iii) If the owner or operator believes the basic design parameter( s) in paragraphs ( cc)( 2)( i) and ( ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter( s) for the source's process unit( s). If the reviewing authority approves of the use of an alternative Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 22, 2003 25 basic design parameter( s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter( s) specified in paragraphs ( cc)( 2)( i) and ( ii) of this section.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter( s) using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11805-11810]
[FR Doc No: 2022-04429]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0862]

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

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed extension of a limited, conditional waiver
of the minimum slot usage requirement for international operations
only.

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SUMMARY: The FAA proposes to extend through October 29, 2022, the
Coronavirus (COVID-19)-related limited, conditional waiver of the
minimum slot usage requirement at John F. Kennedy International Airport
(JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington
National Airport (DCA) that the FAA has already made available through
March 26, 2022, for international operations only. Similarly, the FAA
proposes to extend through October 29, 2022, its COVID-19-related
limited, conditional 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 season, for
international operations only. These IATA Level 2 airports include
Chicago O'Hare International Airport (ORD), Los Angeles International
Airport (LAX), Newark Liberty International Airport (EWR), and San
Francisco International Airport (SFO). This relief would be limited to
slots and approved operating times used by any carrier for
international operations only, through October 29, 2022, and would be
subject to the same terms and conditions, that the FAA has already
applied to the relief that remains available through March 26, 2022.

DATES: Submit comments on or before March 7, 2022.

ADDRESSES: Submit written views and supporting data by email to the
Slot Administration Office at [email protected].

FOR FURTHER INFORMATION CONTACT: Al Meilus, Manager, Slot
Administration, AJR-G, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 16, 2020, the FAA granted a limited waiver of the minimum
slot usage requirements \1\ to carriers operating at all slot-
controlled airports in the United States (DCA, JFK, and LGA) \2\ and
related relief to carriers operating at designated IATA Level 2
airports in the United States (EWR, LAX, ORD, SFO) due to the
extraordinary impacts on the demand for air travel resulting from the
COVID-19 pandemic.\3\ Since the initial slot usage waiver and related
relief was provided, the FAA has taken action to extend the relief
provided on four occasions subject to certain substantive changes,
including the addition of conditions, as the COVID-19 situation
continued to evolve.\4\ The most recent limited, conditional extension
of COVID-19-related relief was issued by the FAA on October 18, 2021,
and is due to expire on March 27, 2022.\5\
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    \1\ The FAA has authority for developing ``plans and policy for
the use of the navigable airspace'' and for assigning ``by
regulation or order the use of the airspace necessary to ensure the
safety of aircraft and the efficient use of airspace.'' 49 U.S.C.
40103(b)(1). The FAA manages slot usage requirements under the
authority of 14 CFR 93.227 at DCA and under the authority of Orders
at JFK and LGA. See Operating Limitations at John F. Kennedy
International Airport, 85 FR 58258 (Sep. 18, 2020); Operating
Limitations at New York LaGuardia Airport, 85 FR 58255 (Sep. 18,
2020).
    \2\ Although DCA and LGA are not designated as IATA Level 3
slot-controlled airports given that these airports primarily serve
domestic destinations, the FAA limits operations at these airports
via rules at DCA and an Order at LGA that are equivalent to IATA
Level 3. See FN 1. The FAA reiterates that the relief provided in
the March 16, 2020, notice (85 FR 15018); the April 17, 2020, notice
(85 FR 21500); the October 7, 2020, notice (85 FR 63335); the
January 14, 2021, Summer 2021 FAA Policy Statement (Docket No. FAA-
2020-0862-0302); and, the October 20, 2021, notice (86 FR 58134),
extends to all allocated slots, including slots allocated by
exemption.
    \3\ Notice of Limited Waiver of the Slot Usage Requirement, 85
FR 15018 (Mar. 16, 2020).
    \4\ Notice of Extension of Limited Waiver of the Minimum Slot
Usage Requirement, 85 FR 21500 (Apr. 17, 2020); Extension of Limited
Waiver of the Minimum Slot Usage Requirement, 85 FR 63335 (Oct. 7,
2020); FAA Policy Statement: Limited, Conditional Extension of
COVID-19 Related Relief for the Summer 2021 Scheduling Season
(Docket No. FAA-2020-0862-0302); and Extension of Limited,
Conditional Waiver of the Minimum Slot Usage Requirement for
International Operations Only, 86 FR 58134 (Oct. 20, 2021).
    \5\ Extension of limited, conditional waiver of the minimum slot
usage requirement for international operations only, 86 FR 58134
(Oct. 20, 2021).
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Current COVID-19 Situation

    Since FAA's notice published October 20, 2021, granting a limited,
conditional extension of COVID-19-related relief for international
operations only at slot-controlled airports and IATA Level 2 airports
in the United States, COVID-19 has continued to cause disruption
globally, and the timeline for recovery from this global pandemic
remains uncertain. The World Health Organization (WHO) reports COVID-19
cases in more than 200 countries, areas, and territories worldwide.\6\
For the week ending February 20, 2022, the WHO reported over 12 million
new COVID-19 cases and over 67,000 new deaths, bringing the cumulative
total to more than 422 million confirmed COVID-19 cases and over 5.8
million deaths globally since the start of the COVID-19 pandemic.\7\
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    \6\ https://covid19.who.int/table.
    \7\ COVID-19 weekly epidemiological update, February 22, 2022,
available at: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports. See also https://covid19.who.int/for WHO COVID-19. Dashboard with the most current
number of cases reported.
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    The WHO reports that it is monitoring multiple variants globally;
currently, the WHO has classified five different variants as ``variants
of concern'' and two different variants as ``variants of interest.''
\8\ The Centers for Disease Control and Prevention (CDC) is monitoring
all variants of COVID-19 in the United States.\9\ The CDC has listed
the Omicron and Delta variants as variants of concern.\10\ The CDC
reports that all Food and Drug Administration (FDA)-approved or
authorized vaccines are expected to be effective against severe
illness, hospitalizations, and deaths from the Omicron variant of
COVID-19.\11\
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    \8\ https://www.who.int/en/activities/tracking-SARS-CoV-2-variants/.
    \9\ Center for Disease Control (CDC), What You Need To Know
About Variants, available at: https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html.
    \10\ Id.
    \11\ Id. See also https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/.
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    Currently, three COVID-19 vaccines have been authorized for
emergency use or approved by the FDA.\12\ As of February 24, 2022, 64.8
percent of Americans are fully vaccinated, and 76.3 percent of
Americans have received at least one dose.\13\ Due to substantial
efforts to increase vaccination rates across the globe, the United
States moved away from a country-by-country restriction previously
applied during the COVID-19 pandemic and adopted an air travel policy
that relies primarily on vaccination to advance the safe resumption of
international air travel to the United States.\14\ When the FAA
extended COVID-19-related relief for international operations only by
notice published October 20, 2021, the number of confirmed new cases of
COVID-19 in the U.S. for the week of October 18, 2021, based on WHO
data, was 509,330.\15\ On December 1, 2021, the first case attributable
to the Omicron variant was identified in the United

States.\16\ For the week of February 14, 2022, which is the most recent
week for which data is available, the WHO reports 716,884 confirmed new
cases in the United States.\17\ For the week ending on February 19,
2022, the CDC Nowcast model estimates that Omicron accounts for 99
percent of total cases.\18\
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    \12\ https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
    \13\ CDC, COVID-19 Vaccinations in the United States, updated
February 24, 2022, available at: https://covid.cdc.gov/covid-data-tracker/#vaccinations.
    \14\ Id. See also https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/.
    \15\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021). See also https://covid19.who.int/region/amro/country/us.
    \16\ https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-omicron-variant.html.
    \17\ https://covid19.who.int/region/amro/country/us.
    \18\ United States: Feb. 13, 2022-Feb. 19, 2022 NOWCAST. https://covid.cdc.gov/covid-data-tracker/#variant-proportions.
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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 FAA's initial decision granting relief due to
COVID-19 impacts.\19\ At JFK and LGA, each slot must be used at least
80 percent of the time.\20\ 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.\21\
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    \19\ See 85 FR 15018 (Mar. 16, 2020).
    \20\ 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).
    \21\ 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 two-
month period will be withdrawn by the FAA. See LGA Order, 85 FR at
58257.
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    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.\22\ 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.\23\
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    \22\ See 14 CFR 93.227(a).
    \23\ See 14 CFR 93.227(j).
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    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 Stakeholder Concerning Continued COVID-19
Relief

    The FAA has received four petitions regarding COVID-related relief
for the Summer 2022 season to date. The FAA received a petition from
the International Air Transport Association (IATA), a joint petition
from Airlines for America (A4A) and IATA, a joint petition from
American Airlines (American), Delta Airlines (Delta), and United
Airlines (United), and a joint petition from 31 global airlines,
including Aer Lingus, Air Canada, Air China, Air Dolomiti, Air New
Zealand, American Airlines, All Nippon Airways, Austrian Airlines,
Avianca Airlines, Azul, British Airways, Brussels Airlines, Delta Air
Lines, Edelweiss Air, Emirates, Eurowings, GOL, Iberia, KLM, Kuwait
Airways, Lufthansa, Scandinavian Airlines, Singapore Airlines, Shenzhen
Airlines, South African Airways, Swiss International Air Lines, Thai
Airways, United Airlines, Virgin Atlantic, Virgin Australia, and
WestJet Airlines.\24\ All petitions received to date request further
relief, for international operations only, through the end of the
Summer 2022 scheduling season due to the ongoing COVID-19 impacts on
demand for international air travel.
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    \24\ Copies of all petitions have been placed in the docket for
this proceeding.
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    IATA petitions the FAA for continued relief for international
operations, stating that relief for international traffic has ``proven
to be essential . . . considering government travel restrictions that
have evolved as the virus has spread and mutated, including during the
past weeks with the new Omicron variant.'' IATA believes that without
relief for international operations, ``airlines would have been forced
to operate services unjustified by demand to preserve historic rights
to slots that are critical to future connectivity and the consumer
choice. Further, IATA states that ``air traffic remains hugely impacted
by the COVID-19 crisis with international traffic remaining at
approximately 21 percent of pre-COVID levels year to date.'' IATA notes
that ``the Worldwide Airport Slot Board (WASB) is recommending a
framework for slot use alleviation measures for NS22 that balances the
differing speeds of regional recovery with a gradual restoration of
slot rules when appropriate for the particular market'' and attached a
copy of the WASB framework with its petition. Stopping short of
expressly advocating for the adoption of the WASB framework in the
United States, IATA asserts that within ``the U.S. international market
there are still many routes deeply impacted, which would warrant a
level of series returns and a reduced use ratio.'' Moreover, IATA
states that ``[f]or all markets, it is essential to have a robust set
of justified reasons for non-use of slots (JNUS) to manage changes in
the operating environment as the pandemic evolves.''
    A4A and IATA submitted a joint petition requesting ``a waiver of
minimum usage rules for international operations at Level 2 and 3
airports and terminal facilities for the Summer 2022 season.'' A4A and
IATA state that ``international demand has not recovered'' and that
``[b]ooking trends into spring and summer 2022 not only remain weak but
slipped further since December due to the recent uptick in Omicron
cases worldwide.'' A4A and IATA note that ``[t]he transpacific market,
where many countries like Japan, South Korea, and China continue to
impose entry bans for non-citizens, saw passenger volumes down more
than 85% in December 2021, the peak of winter season.'' In addition,
A4A and IATA assert that ``[a]n international waiver by the U.S. is
needed to ensure that foreign countries provide a reciprocal waiver
abroad.''
    American, Delta, and United submitted a joint petition to
``urgently request continued relief from standard international slot
usage rules during the Northern Hemisphere summer 2022 season.''
American, Delta, and United state that ``[t]he COVID-19 pandemic
continues to negatively impact worldwide air travel; the Omicron
variant has caused governments to significantly restrict or control
entry of passengers and airline crew members and unfortunately, the
future remains unpredictable.'' Attached to American, Delta, and
United's joint petition was a letter from leading international
airlines to slot regulators around the world. The attached letter,
which included 31 international airlines (including American, Delta,
and United), requests ``continued relief from standard international
slot usage rules during the Northern Hemisphere summer 2022 season.''
The carriers assert that ``[i]nternational slot relief is essential for
the full summer season which runs from March 27 through October 29.''

Discussion of Proposal for Continued Relief for International
Operations

    In consideration of the foregoing information, the petitions that
the FAA has received, and the evolving and highly unpredictable
situation globally with respect to ongoing impacts from COVID-19, the
FAA proposes to extend, for international operations only, the current
limited, conditional relief that the FAA has already made available
through March 26, 2022, through the end of the Summer 2022 season on
October 29, 2022.\25\ This relief would be limited to slots and
approved operating times used by carriers for international operations
through October 29, 2022, and would be subject to the same terms and
conditions that the FAA has applied to the relief already made
available through March 26, 2022, which the FAA reiterates in this
notice. International operations, for the purpose of this notice, are
flights intended for operation between one of the U.S. slot-controlled
or IATA Level 2 airports and any point in a foreign jurisdiction.
---------------------------------------------------------------------------

    \25\ The FAA notes that for purposes of the relief proposed in
this proceeding, Canadian carriers would be treated as foreign
carriers.
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    It is not the policy of the Department of Transportation (DOT) to
use slot and Level 2 rules to reserve capacity for historic incumbent
carriers until demand returns to predetermined levels. Instead, it is
the policy of the Department to encourage high utilization of scarce
public infrastructure. As previously stated, at some point in time,
continuing waivers to preserve pre-COVID slot holdings may impede the
ability of airports and airlines to provide services that benefit the
overall national economy and make appropriate use of scarce public
assets. Therefore, the FAA emphasizes that operators should not assume
further relief on the basis of COVID-19 will be forthcoming beyond the
end of the Summer 2022 scheduling season.
    IATA reports in its petition that international flights globally
are operating at approximately ``21 percent of pre-COVID levels year to
date.'' As indicated in IATA's petition, ``[g]overnments' reimposition
of travel restrictions, regardless of vaccination status, in response
to Omicron has led passengers to cancel or delay travel because of a
legitimate fear they will be stranded, placed in quarantine, or subject
to multiple and costly testing requirements. For much of international
aviation, restrictions remain in place on both ends of the route which
requires consumers to keep up with frequently changing policies that
may impact their travel. For example, travellers [sic] have been
challenged with the recent changes in testing requirements, regardless
of vaccination status, as many foreign service providers are
experiencing difficulty with test availability and results processing
to meet the new requirements.''
    The FAA agrees with IATA and the other petitioners. Based on global
vaccination rates, changing infection rates and the threat of new virus
strains, continued unpredictability of travel restrictions, and the
disparity between demand for domestic air travel and demand for
international air travel, extending the current limited, conditional
waiver for international operations by all carriers, is reasonable. The
FAA believes extending the limited, conditional slot usage waiver, for
international operations only, through the Summer 2022 season would
provide carriers with the flexibility to operate in the unpredictable
international market and would support long term viability of carrier
operations at slot-controlled and IATA Level 2 airports in the United
States.
    The FAA notes that A4A and IATA requested a ``waiver of the minimum
slot usage rules for international operations at Level 2 and 3 airports
and terminal facilities for the Summer 2022 season.'' (emphasis added).
The FAA does not allocate or assign terminal resources at the airport
facility. The FAA administers runway schedule limits under the
Administrator's authority to manage the efficient use of the national
airspace system, and all requests concerning the use of airport
terminal facilities should be directed to the respective local airport
sponsor or operating authority.\26\
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    \26\ See 49 U.S.C. 40103(b).
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    The FAA recognizes that domestic carriers have a mix of both
domestic and international operations, and therefore the agency intends
to make this relief available for international operations that would
have been operated in the Summer 2022 season, but for COVID-19 impacts
on air travel demand. In other words, the FAA intends to provide this
conditional relief to domestic carriers on a scale that is generally
comparable to each carrier's pre-COVID level of international service.
The FAA would generally evaluate any request for relief from U.S.
carriers for the Summer 2022 scheduling season based on historical
levels of operations to foreign points as demonstrated in published
schedules from the Summer 2019 scheduling season. Domestic carriers
seeking relief for a particular operation under the waiver would need
to provide the FAA, if not readily apparent from FAA records and
historic published schedule data, alternative supplemental information
that predates this notice to demonstrate intent to use a slot or
approved operating time for an international destination. The FAA would
not accept evidence of intent to use a particular slot or approved
operating time for an international flight during the Summer 2022
season if the information is dated after this notice is issued.
    International operations eligible for a waiver under this proposal
would be subject to all of the same conditions and policies made
available in FAA's Winter 2021/2022 waiver, which remains in effect at
slot-controlled, and IATA Level 2 airports in the United States for the
Winter 2021/2022 season.\27\ The FAA believes the conditions associated
with the relief provided to date are generally comparable to the WASB
package and remain necessary to strike a balance between competing
interests of incumbent carriers and those carriers seeking new or
increased access at these historically-constrained airports, as well as
to ensure the relief is appropriately tailored to reduce the potential
to suppress flight operations for which demand exists. The conditions
for relief at slot-controlled airports, which the FAA would apply to
the relief proposed in this notice, include:
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    \27\ Notice of Extension of Limited, Conditional Waiver of the
Minimum Slot Usage Requirement for International Operations Only, 86
FR 58134 (Oct. 20, 2021).
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    (1) All slots 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 slots on an ad hoc basis
without historic precedence. However, slots operated as approved on a
non-historic basis in Summer 2022 will be given priority over new
demands for the same timings in the next equivalent season (Summer
2023) for use on a non-historic basis, subject to capacity availability
and consistent with established rules and policies in effect in the
United States.28 29 Foreign carriers seeking

priority under this provision will be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature. Compliance with this condition is required for
operations scheduled from March 27, 2022, through the duration of this
relief; therefore, carriers must begin notifying the FAA of Winter
returns by February 28, 2022; \30\
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    \28\ Consistent with the FAA's waiver policy issued October 18,
2021, this priority would apply to slot or schedule requests for
Summer 2023, which are comparable in timing, frequency, and duration
to the non-historic ad hoc approvals made by the FAA for Summer
2022. This priority does not affect the historic precedence or
priority of slot holders and carriers with schedule approvals,
respectively, which meet the conditions of the waiver during Summer
2022 and seek to resume operating in Summer 2023. The FAA may
consider this priority in the event that slots with historic
precedence become available for permanent allocation by the FAA.
    \29\ Although the FAA is proposing to extend the four-week
rolling return policy consistent with the Winter 2021/2022 waiver,
any carrier returning full-season slots or schedule approvals at an
airport outside the United States and associated with a route to the
United States will generally be expected to similarly return the
complementary full-season U.S. slot or schedule approval to the FAA
for re-allocation on a non-historic or ad hoc basis.
    \30\ The FAA will consider pushing the initial date for required
returns depending on the issuance date of the final decision.
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    (2) the waiver does not apply to slots newly allocated for initial
use during the Summer 2022 season. New allocations meeting minimum
usage requirements remain eligible for historic precedence. The waiver
does not apply to historic in-kind slots within any 30-minute or 60-
minute time period, as applicable, in which a carrier seeks and obtains
a similar new allocation (i.e., arrival or departure, air carrier or
commuter, if applicable); and,
    (3) the waiver does not apply to slots newly transferred on an
uneven basis (i.e., via one-way slot transaction/lease) since October
15, 2020, for the duration of the transfer.\31\ Slots transferred prior
to this date may benefit from the waiver if all other conditions are
met. Slots granted historic precedence for subsequent seasons based on
this relief are not eligible for transfer if the slot holder ceases all
operations at the airport.
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    \31\ Consistent with prior proceedings, the FAA does not propose
to revise this condition to include a buffer period for new
transfers to be completed and still benefit from this waiver.
Therefore, this policy would remain in effect continuously from the
initial effective date of October 16, 2020.
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    In addition, as proposed, an exception may be granted to these
conditions based on any government restriction that prevents or
severely restricts travel to specific airports, destinations (including
intermediate points), or countries for which the slot was held. This
exception applies under extraordinary circumstances only in which a
carrier is able to demonstrate that the ability to operate a particular
flight or comply with the conditions of the proposed waiver is
prevented or severely restricted due to an unpredictable official
governmental action related to COVID-19. Official government actions
that may qualify for this exception include--
     Government travel restrictions based on nationality,
closed borders, government advisories related to COVID-19 that warn
against all but essential travel, or complete bans on flights from/to
certain countries or geographic areas.
     Government restrictions related to COVID-19 on the maximum
number of arriving or departing flights and/or the number of passengers
on a specific flight or through a specific airport.
     Government restrictions on movement or quarantine/
isolation measures within the country or region where the airport or
destination (including intermediate points) is located.
     Government-imposed closure of businesses essential to
support aviation activities (e.g., closure of hotels, ground handling
suppliers, etc.).
     Governmental restrictions on airline crew, including
unreasonable entry requirements or unreasonable testing and/or
quarantine measures.
    This exception would continue to be administered by the FAA in
coordination with the Office of the Secretary of Transportation (OST).
The extraordinary circumstances exception in this slot usage relief
would be limited to the scope of the relief otherwise proposed; U.S.
carriers should not expect to rely on the extraordinary circumstances
exception for relief for domestic operations.\32\
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    \32\ The FAA may consider individualized requests from U.S.
carriers for domestic relief on a case-by-case basis consistent with
the applicable waiver standard.
---------------------------------------------------------------------------

    The conditions for COVID-19-related relief for prioritizing flights
canceled at IATA Level 2 airports, for purposes of establishing a
carrier's operational baseline in the next corresponding season, which
the FAA would apply to the relief proposed in this notice include:
    (1) All schedules as initially submitted by carriers and approved
by the 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 assurance of priority in the next corresponding season.
However, schedules operated as approved on an ad hoc basis in Summer
2022 will be given priority over new demands for the same timings in
the next equivalent season (Summer 2023) for use on an ad hoc basis,
subject to capacity availability and consistent with established rules
and policies in effect in the United States. Foreign carriers seeking
priority under this provision would be required to represent that their
home jurisdiction will provide reciprocal priority to U.S. carrier
requests of this nature. Compliance with this condition would be
required for operations scheduled from March 27, 2022, through the
duration of this relief; therefore carriers must begin notifying the
FAA of Summer returns by February 28, 2022; and,
    (2) The priority for FAA schedules approved for Summer 2022 does
not apply to net-newly approved operations for initial use during the
Summer 2022 season. New approved times will remain eligible for
priority consideration in Summer 2023 if actually operated in Summer
2022 according to established processes.
    Consistent with the proposal for slot-controlled airports, limited
exceptions may be granted from either or both of these conditions at
Level 2 airports under extraordinary circumstances due to any
government restriction that prevents or severely restricts travel to
specific airports, destinations (including intermediate points), or
countries for which the schedule approval was held, as discussed
previously with respect to slot-controlled airports. If the exception
is determined not to apply, carriers would be expected to meet the
conditions for relief or operate consistent with standard expectations
for the Level 2 environment. The extraordinary circumstances exception
in this proposal would only apply within the scope of the relief
otherwise provided by the waiver; U.S. carriers should not expect to
rely on the extraordinary circumstances exception for relief related to
domestic operations.
    The FAA believes an extension of relief for international
operations only, through October 29, 2022, is reasonable due to
fluctuating travel restrictions and the ongoing economic and health
impacts of COVID-19 internationally. The proposed relief is expected to
provide carriers with flexibility during this unprecedented situation
and to support the long-term viability of international operations at
slot-controlled and IATA Level 2 airports in the United States.\33\
Continuing relief for this additional period would be reasonable to
mitigate the impacts on passenger demand for international air

travel resulting from the spread of COVID-19 worldwide.
---------------------------------------------------------------------------

    \33\ The FAA is responsible to develop plans and policy for the
use of navigable airspace and assign by regulation or order the use
of the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. See 49 U.S.C. 40103(b)(1). The FAA
manages slot usage requirements under the authority of 14 CFR 93.227
at DCA and under the authority of Orders at LGA and JFK. See
Operating Limitations at John F. Kennedy International Airport, 85
FR 58258 (Sep. 18, 2020); Operating Limitations at New York
LaGuardia Airport, 85 FR 58255 (Sep. 18, 2020).
---------------------------------------------------------------------------

    As of the date of issuance of this notice, COVID-19 continues to
present a highly unusual and unpredictable condition for international
operations that is beyond the control of carriers. The continuing
impacts of COVID-19 on global aviation are dramatic and extraordinary,
with an unprecedented decrease in passenger demand for international
air travel globally. The ultimate duration and severity of COVID-19
impacts on passenger demand for international air travel remain
unclear. Even after the pandemic is contained, impacts on passenger
demand for international air travel are likely to continue for some
time.
    If the FAA extends relief for international operations through
October 29, 2022, as proposed, the FAA expects that foreign slot
coordinators will provide reciprocal relief to U.S. carriers. To the
extent that U.S. carriers fly to a foreign carrier's home jurisdiction
and that home jurisdiction does not offer reciprocal relief to U.S.
carriers, the FAA may determine not to grant a waiver to that foreign
carrier. The FAA acknowledges that some foreign jurisdictions may opt
to adopt more strict provisions in response to this proposal than they
had otherwise planned. However, as previously explained, the FAA
believes the conditions associated with the relief provided in this
proposal are necessary to strike a balance between competing interests
of incumbent carriers and those carriers seeking new or increased
access at these historically-constrained airports, as well as to ensure
the relief is appropriately tailored to reduce the potential for a
long-term waiver to suppress flight operations for which demand exists.
A foreign carrier seeking a waiver may wish to ensure that the
responsible authority of the foreign carrier's home jurisdiction
submits a statement by email to [email protected] confirming
reciprocal treatment of the slot holdings of U.S. carriers.
    After receiving and reviewing comments, the FAA anticipates
subsequently providing notice of its final decision.

    Issued in Washington, DC, on February 25, 2022.
Lorelei Dinges Peter,
Assistant Chief Counsel for Regulations.

Virginia T. Boyle,
Vice President, System Operations Services.
[FR Doc. 2022-04429 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-13-P