852 

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

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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

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R

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. 

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853 

Federal Aviation Administration, DOT 

§ 93.218 

(8) To the extent vacant slots are 

available, additional slots during the 
high density hours shall be allocated at 
Kennedy Airport for new international 
scheduled air carrier and commuter op-
erations (beyond those operations for 
which slots have been allocated under 
§§ 93.215 and 93.217(a)(5)), if a request is 
submitted to the office specified in 
§ 93.221(a)(1) by the deadline published 
in a F

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notice for each 

season. In addition, slots may be with-
drawn from domestic operations for op-
erations at Kennedy Airport under this 
paragraph if required by international 
obligations. 

(9) In determining the hour in which 

a slot request under §§ 93.217(a)(6) and 
93.217(a)(8) will be granted, the fol-
lowing will be taken into consider-
ation, among other things: 

(i) The availability of vacant slot 

times; 

(ii) International obligations; 
(iii) Airport terminal capacity, in-

cluding facilities and personnel of the 
U.S. Customs Service and the U.S. Im-
migration and Naturalization Service; 

(iv) The extent and regularity of in-

tended use of a slot; and 

(v) Schedule constraints of carriers 

requesting slots. 

(10) At O’Hare Airport, a slot will not 

be allocated under this section to a 
carrier holding or operating 100 or 
more permanent slots on the previous 
May 15 for a winter season or October 
15 for a summer season unless: 

(i) Allocation of the slot does not re-

sult in a total allocation to that car-
rier under this section that exceeds the 
number of slots allocated to and sched-
uled by that carrier under this section 
on February 23, 1990, and as reduced by 
the number of slots reclassified under 
§ 93.218, and does not exceed by more 
than 2 the number of slots allocated to 
and scheduled by that carrier during 
any half hour of that day, or 

(ii) Notwithstanding the number of 

slots allocated under paragraph 
(a)(10)(i) of this section, a slot is avail-
able for allocation without withdrawal 
of a permanent slot from any carrier. 

(b) If a slot allocated under § 93.215 

was scheduled for an operation de-
scribed in paragraph (a)(1) of this sec-
tion on December 16, 1985, its use shall 
be subject to the requirements of para-

graphs (a)(1) through (a)(4) of this sec-
tion. The requirements also apply to 
slots used for international operations 
at LaGuardia Airport. 

(c) If a slot is offered to a carrier in 

other than the hour requested, the car-
rier shall have 14 days after the date of 
the offer to accept the newly offered 
slot. Acceptance must be in writing 
and sent to the office specified in 
§ 93.221(a)(1) and must repeat the cer-
tified statements required by para-
graph (e) of this section. 

(d) The Office of the Secretary of 

Transportation reserves the right not 
to apply the provisions of this section, 
concerning the allocation of slots, to 
any foreign air carrier or commuter op-
erator of a country that provides slots 
to U.S. air carriers and commuter oper-
ators on a basis more restrictive than 
provided by this subpart. Decisions not 
to apply the provisions of this section 
will be made by the Office of the Sec-
retary of Transportation. 

(e) Each request for slots under this 

section shall state the airport, days of 
the week and time of the day of the de-
sired slots and the period of time the 
slots are to be used. Each request shall 
identify whether the slot is requested 
under paragraph (a)(5), (6), or (8) and 
identify any changes from the previous 
year if requested under both para-
graphs. The request must be accom-
panied by a certified statement signed 
by an officer of the operator indicating 
that the operator has or has contracted 
for aircraft capable of being utilized in 
using the slots requested and that the 
operator has bona fide plans to use the 
requested slots for operations described 
in paragraph (a). 

[Doc. No. 24105, 51 FR 21717, June 13, 1986, as 
amended by Amdt. 93–61, 55 FR 53243, Dec. 27, 
1990; 56 FR 1059, Jan. 10, 1991; Amdt. 93–78, 64 
FR 53565, Oct. 1, 1999] 

§ 93.218

Slots for transborder service 

to and from Canada. 

(a) Except as otherwise provided in 

this subpart, international slots identi-
fied by U.S. carriers for international 
operations in December 1985 and the 
equivalent number of international 
slots held as of February 24, 1998, will 
be domestic slots. The Chief Counsel of 
the FAA shall be the final decision-
maker for these determinations. 

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