title-14-part-93-sec93-218

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

EDERAL

EGISTER

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.

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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854

14 CFR Ch. I (1–1–24 Edition)

§ 93.219

(b) Canadian carriers shall have a

guaranteed base level of slots of 42
slots at LaGuardia, 36 slots at O’Hare
for the Sumner season, and 32 slots at
O’Hare in the Winter season.

by the Government of Canada or the
Canadian carriers that results in a de-
crease of the guaranteed base in para-
graph (b) of this section shall perma-
nently modify the base number of
slots.

[Doc. No. FAA–1999–4971, 64 FR 53565, Oct. 1,
1999]

§ 93.219

Allocation of slots for essential

air service operations and applica-
ble limitations.

Whenever the Office of the Secretary

of Transportation determines that
slots are needed for operations to or
from a High Density Traffic Airport
under the Department of Transpor-
tation’s Essential Air Service (EAS)
Program, those slots shall be provided
to the designated air carrier or com-
muter operator subject to the following
limitations:

(a) Slots obtained under this section

may not be bought, sold, leased or oth-
erwise transferred, except that such
slots may be traded for other slots on a
one-for-one basis at the same airport.

(b) Any slot obtained under this sec-

tion must be returned to the FAA if it
will not be used for EAS purposes for
more than a 2-week period. A slot re-
turned under this paragraph may be re-
allocated to the operator which re-
turned it upon request to the FAA of-
fice specified in § 93.221(a)(1) if that slot
has not been reallocated to an operator
to provide substitute essential air serv-
ice.

purposes in a time period within 90
minutes of the time period requested.

(d) The Department will not honor

requests for slots for EAS purposes to a
point if the requesting carrier has pre-
viously traded away or sold slots it had
used or obtained for use in providing
essential air service to that point.

(e) Slots obtained under Civil Aero-

nautics Board Order No. 84–11–40 shall
be considered to have been obtained
under this section.

§ 93.221

Transfer of slots.

(a) Except as otherwise provided in

this subpart, effective April 1, 1986,
slots may be bought, sold or leased for
any consideration and any time period
and they may be traded in any com-
bination for slots at the same airport
or any other high density traffic air-
port. Transfers, including leases, shall
comply with the following conditions:

(1) Requests for confirmation must be

submitted in writing to Slot Adminis-
tration Office, AGC–230, Office of the
Chief Counsel, Federal Aviation Ad-
ministration, 800 Independence Ave.,
SW., Washington, DC 20591, in a format
to be prescribed by the Administrator.
Requests will provide the names of the
transferor and recipient; business ad-
dress and telephone number of the per-
sons representing the transferor and
recipient; whether the slot is to be used
for an arrival or departure; the date
the slot was acquired by the transferor;
the section of this subpart under which
the slot was allocated to the trans-
feror; whether the slot has been used
by the transferor for international or
essential air service operations; and
whether the slot will be used by the re-
cipient for international or essential
air service operations. After with-
drawal priorities have been established
under § 93.223 of this part, the requests
must include the slot designations of
the transferred slots as described in
§ 93.223(b)(5).

(2) The slot transferred must come

from the transferor’s then-current
FAA-approved base.

(3) Written evidence of each trans-

feror’s consent to the transfer must be
provided to the FAA.

(4) The recipient of a transferred slot

may not use the slot until written con-
firmation has been received from the
FAA.

(5)(i) Until a slot obtained by a new

entrant or limited incumbent carrier in
a lottery held under § 93.225 after June
1, 1991, has been used by the carrier
that obtained it for a continuous 24-
month period after the lottery in ac-
cordance with § 93.227(a), that slot may
be transferred only by trade for one or
more slots at the same airport or to
other new entrant or limited incum-
bent carriers under § 93.221(a)(5)(iii).
This transfer restriction shall apply to