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29 April 2020
The Federal Aviation Administration (FAA) has announced that US and foreign carriers that cancel or reduce service at US slot-controlled airports will not forfeit their slots. US slot-controlled airports include New York's John F Kennedy International and LaGuardia and the Ronald Reagan Washington National. The FAA is waiving its 80% minimum use requirement for slots at those airports until 24 October 2020. In addition, at four other US airports that are not subject to slot controls but where the FAA maintains a formal process for reviewing and approving airline schedules (ie, Chicago O'Hare International, Newark Liberty International, Los Angeles International and San Francisco International), the FAA will credit airlines for flights cancelled due to COVID-19 until 24 October 2020 as if the flights had been operated, for purposes of future schedule development.
Foreign carriers' retention of their slots at US airports is contingent on reciprocity. In other words, US carriers must receive the same protection from losing their slots at airports in the home country of a foreign carrier that seeks to preserve its US airport slots under this relief. Any airline that cancels or suspends service at one or more US slot-controlled airports must notify the FAA in writing. The airline must provide the FAA with supporting information demonstrating that flight cancellations directly relate to the COVID-19 outbreak.
For further information on this topic please contact David Heffernan at Cozen O'Connor by telephone (+1 202 912 4800) or email (email@example.com). The Cozen O'Connor website can be accessed at www.cozen.com.
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