title-14-part-93-sec93-215

851

Federal Aviation Administration, DOT

§ 93.215

Subparts P–R

[

Reserved

]

Subpart S—Allocation of Com-

muter and Air Carrier IFR Op-
erations at High Density Traffic
Airports

OURCE

: Docket No. 24105, 50 FR 52195, Dec.

20, 1985, unless otherwise noted.

§ 93.211

Applicability.

(a) This subpart prescribes rules ap-

plicable to the allocation and with-
drawal of IFR operational authority
(takeoffs and landings) to individual
air carriers and commuter operators at
the High Density Traffic Airports iden-
tified in subpart K of this part except
for Newark Airport.

(b) This subpart also prescribes rules

concerning the transfer of allocated
IFR operational authority and the use
of that authority once allocated.

§ 93.213

Definitions and general provi-

sions.

(a) For purposes of this subpart—
(1)

New entrant carrier means a com-

muter operator or air carrier which
does not hold a slot at a particular air-
port and has never sold or given up a
slot at that airport after December 16,
1985.

(2)

Slot means the operational author-

ity to conduct one IFR landing or take-
off operation each day during a specific
hour or 30 minute period at one of the
High Density Traffic Airports, as speci-
fied in subpart K of this part.

(3)

Summer season means the period of

time from the first Sunday in April
until the last Sunday in October.

(4)

Winter season means the period of

time from the last Sunday in October
until the first Sunday in April.

(5)

Limited incumbent carrier means an

air carrier or commuter operator that
holds or operates fewer than 12 air car-
rier or commuter slots, in any com-
bination, at a particular airport, not
including international slots, Essential
Air Service Program slots, or slots be-
tween the hours of 2200 and 0659 at
Washington National Airport or
LaGuardia Airport. However, for the
purposes of this paragraph (a)(5), the
carrier is considered to hold the num-

ber of slots at that airport that the
carrier has, since December 16, 1985:

(i) Returned to the FAA;
(ii) Had recalled by the FAA under

§ 93.227(a); or

(iii) Transferred to another party

other than by trade for one or more
slots at the same airport.

(b) The definitions specified in sub-

part K of this part also apply to this
subpart.

air carrier, commuter operator, or
other person has more than a 50-per-
cent ownership or control of one or
more other air carriers, commuter op-
erators, or other persons, they shall be
considered to be a single air carrier,
commuter operator, or person. In addi-
tion, if a single company has more
than a 50-percent ownership or control
of two or more air carriers and/or com-
muter operators or any combination
thereof, those air carriers and/or com-
muter operators shall be considered to
be a single operator. A single operator
may be considered to be both an air
carrier and commuter operator for pur-
poses of this subpart.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21717, June
13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22,
1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93–65, 57
FR 37314, Aug. 18, 1992]

§ 93.215

Initial allocation of slots.

(a) Each air carrier and commuter

operator holding a permanent slot on
December 16, 1985, as evidenced by the
records of the air carrier and com-
muter operator scheduling committees,
shall be allocated those slots subject to
withdrawal under the provisions of this
subpart. The Chief Counsel of the FAA
shall be the final decisionmaker for
initial allocation determinations.

(b) Any permanent slot whose use on

December 16, 1985 is divided among dif-
ferent operators, by day of the week, or
otherwise, as evidenced by records of
the scheduling committees, shall be al-
located in conformity with those
records. The Chief Counsel of the FAA
shall be the final decisionmaker for
these determinations.

ignate a slot it holds at Kennedy Inter-
national Airport as a seasonal slot, to
be held by the carrier only during the

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14 CFR Ch. I (1–1–24 Edition)

§ 93.217

corresponding season in future years, if
it notifies the FAA (at the address
specified in § 93.225(e)), in writing, the
preceding winter seasons or by October
15 of the preceding year for summer
seasons.

(d) Within 30 days after December 16,

1985, each U.S. air carrier and com-
muter operator must notify the office
specified in § 93.221(a)(1), in writing, of
those slots used for operations de-
scribed in § 93.217(a)(1) on December 16,
1985.

(e) Any slot not held by an operator

on December 16, 1985 shall be allocated
in accordance with the provisions of
§§ 93.217, 93.219 or 93.225 of this subpart.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21717, June
13, 1986]

§ 93.217

Allocation of slots for inter-

national operations and applicable
limitations.

(a) Any air carrier of commuter oper-

ator having the authority to conduct
international operations shall be pro-
vided slots for those operations, ex-
cluding transborder service solely be-
tween HDR airports and Canada, sub-
ject to the following conditions and the
other provisions of this section:

(1) The slot may be used only for a

flight segment in which either the
takeoff or landing is at a foreign point
or, for foreign operators, the flight seg-
ment is a continuation of a flight that
begins or ends at a foreign point. Slots
may be obtained and used under this
section only for operations at Kennedy
and O’Hare airports unless otherwise
required by bilateral agreement and
only for scheduled service unless the
requesting carrier qualifies for the slot
on the basis of historic seasonal oper-
ations, under § 93.217(a)(5).

(2) Slots used for an operation de-

scribed in paragraph (a)(1) of this sec-
tion may not be bought, sold, leased, or
otherwise transferred, except that such
a slot may be traded to another slot-
holder on a one-for-one basis for a slot
at the same airport in a different hour
or half-hour period if the trade is for
the purpose of conducting such an op-
eration in a different hour or half-hour
period.

(3) Slots used for operations de-

scribed in paragraph (a)(1) of this sec-

tion must be returned to the FAA if
the slot will not be used for such oper-
ations for more than a 2-week period.

(4) Each air carrier or commuter op-

erator having a slot that is used for op-
erations described in paragraph (a)(1)
of this section but is not used every
day of the week shall notify the office
specified in § 93.221(a)(1) in writing of
those days on which the slots will not
be used.

(5) Except as provided in paragraph

(a)(10) of this section, at Kennedy and
O’Hare Airports, a slot shall be allo-
cated, upon request, for seasonal inter-
national operations, including charter
operations, if the Chief Counsel of the
FAA determines that the slot had been
permanently allocated to and used by
the requesting carrier in the same hour
and for the same time period during
the corresponding season of the pre-
ceding year. Requests for such slots
must be submitted to the office speci-
fied in § 93.221(a)(1), by the deadline
published in a F

EDERAL

EGISTER

no-

tice for each season. For operations
during the 1986 summer season, re-
quests under this paragraph must have
been submitted to the FAA on or be-
fore February 1, 1986. Each carrier re-
questing a slot under this paragraph
must submit its entire international
schedule at the relevant airport for the
particular season, noting which re-
quests are in addition to or changes
from the previous year.

(6) Except as provided in paragraph

(a)(10) of this section, additional slots
shall be allocated at O’Hare Airport for
international scheduled air carrier and
commuter operations (beyond those
slots allocated under §§ 93.215 and
93.217(a)(5) if a request is submitted to
the office specified in § 93.221(a)(1) and
filed by the deadline published in a
F

EDERAL

EGISTER

notice for each sea-

son. These slots will be allocated at the
time requested unless a slot is avail-
able within one hour of the requested
time, in which case the unallocated
slots will be used to satisfy the re-
quest.

(7) If required by bilateral agree-

ment, additional slots shall be allo-
cated at LaGuardia Airport for inter-
national scheduled passenger oper-
ations within the hour requested.