title-14-part-93-sec93-221

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

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Federal Aviation Administration, DOT

§ 93.223

the same extent to any slot or slots ac-
quired by trading the slot obtained in a
lottery. To remove the transfer restric-
tion, documentation of 24 months’ con-
tinuous use must be submitted to the
FAA Office of the Chief Counsel.

(ii) Failure to use a slot acquired by

trading a slot obtained in a lottery for
a continuous 24-month period after the
lottery, shall void all trades involving
the lottery slot, which shall be re-
turned to the FAA. All use of the lot-
tery slot shall be counted toward ful-
filling the minimum use requirements
under § 93.227(a) applicable to the slot
or slots for which the lottery slot was
traded, including subsequent trades.

(iii) Slots obtained by new entrant or

limited incumbent carriers in a lottery
may be sold, leased, or otherwise trans-
ferred to another entrant or limited in-
cumbent carrier after a minimum of 60
days of use by the obtaining carrier.
The transfer restrictions of
§ 93.221(a)(5)(i) shall continue to apply
to the slot until documentation of 24
months’ continuous use has been sub-
mitted and the transfer restriction re-
moved.

(6) The Office of the Secretary of

Transportation must determine that
the transfer will not be injurious to the
essential air service program.

(b) A record of each slot transfer

shall be kept on file by the office speci-
fied in paragraph (a)(1) of this section
and will be made available to the pub-
lic upon request.

and any air carrier or commuter may
use them. Notwithstanding § 93.123, air
carrier slots may be used with aircraft
of the kind described in § 93.123 (c)(1) or
(c)(2) but commuter slots may only be
used with aircraft of the kind described
in § 93.0123(c)(2).

(d) Air carriers and commuter opera-

tors considered to be a single operator
under the provisions of § 93.213(c) of
this subpart but operating under sepa-
rate names shall report transfers of
slots between them.

(e) Notwithstanding § 93.123(c)(2) of

this part, a commuter slot at O’Hare
International Airport may be used with
an aircraft described in § 93.123(c)(1) of
this part on the following conditions:

(1) Air carrier aircraft that may be

operated under this paragraph are lim-
ited to aircraft:

(i) Having an actual seating configu-

ration of 110 or fewer passengers; and

(ii) Having a maximum certificated

takeoff weight of less than 126,000
pounds.

(2) No more than 50 percent of the

total number of commuter slots held
by a slot holder at O’Hare Inter-
national Airport may be used with air-
craft described in paragraph (e)(1) of
this section.

(3) An air carrier or commuter oper-

ator planning to operate an aircraft de-
scribed in paragraph (e)(1) of this sec-
tion in a commuter slot shall notify
ATC at least 75 days in advance of the
planned start date of such operation.
The notice shall include the slot num-
ber, proposed time of operation, air-
craft type, aircraft series, actual air-
craft seating configuration, and
planned start date. ATC will approve or
disapprove the proposed operation no
later than 45 days prior to the planned
start date. If an operator does not ini-
tiate operation of a commuter slot
under this section within 30 days of the
planned start date first submitted to
the FAA, the ATC approval for that op-
eration will expire. That operator may
file a new or revised notice for the
same half-hour slot time.

(4) An operation may not be con-

ducted under paragraph (e)(1) of this
section unless a gate is available for
that operation without planned wait-
ing time.

(5) For the purposes of this paragraph

(e), notice to ATC shall be submitted in
writing to: Director, Air Traffic Sys-
tem Management, ATM–1, Federal
Aviation Administration, 800 Independ-
ence Avenue SW., Washington, DC
20591.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21717, June
13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25,
1989; Amdt. 93–62, 56 FR 41208, Aug. 19, 1991;
Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; Amdt.
93–68, 58 FR 39616, July 23, 1993]