title-14-part-93-sec93-223

855

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]

§ 93.223

Slot withdrawal.

(a) Slots do not represent a property

right but represent an operating privi-
lege subject to absolute FAA control.
Slots may be withdrawn at any time to

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14 CFR Ch. I (1–1–24 Edition)

§ 93.224

fulfill the Department’s operational
needs, such as providing slots for inter-
national or essential air service oper-
ations or eliminating slots. Before
withdrawing any slots under this sec-
tion to provide them for international
operations, essential air services or
other operational needs, those slots re-
turned under § 93.224 of this part and
those recalled by the agency under
§ 93.227 will be allocated.

(b) Separate slot pools shall be estab-

lished for air carriers and commuter
operators at each airport. The FAA
shall assign, by random lottery, with-
drawal priority numbers for the recall
priority of slots at each airport. Each
additional permanent slot, if any, will
be assigned the next higher number for
air carrier or commuter slots, as appro-
priate, at each airport. Each slot shall
be assigned a designation consisting of
the applicable withdrawal priority
number; the airport code; a code indi-
cating whether the slot is an air car-
rier or commuter operator slot; and the
time period of the slot. The designation
shall also indicate, as appropriate, if
the slot is daily or for certain days of
the week only; is limited to arrivals or
departures; is allocated for inter-
national operations or for EAS pur-
poses; and, at Kennedy International
Airport, is a summer or winter slot.

drawn, they will be withdrawn in ac-
cordance with the priority list estab-
lished under paragraph (b) of this sec-
tion, except:

(1) Slots obtained in a lottery held

pursuant to § 93.225 of this part shall be
subject to withdrawal pursuant to
paragraph (i) of that section, and

(2) Slots necessary for international

and essential air service operations
shall be exempt from withdrawal for
use for other international or essential
air service operations.

(3) Except as provided in § 93.227(a),

the FAA shall not withdraw slots held
at an airport by an air carrier or com-
muter operator holding and operating
12 or fewer slots at that airport (ex-
cluding slots used for operations de-
scribed in § 93.212(a)(1)), if withdrawal
would reduce the number of slots held
below the number of slots operated.

(4) No slot comprising the guaranteed

base of slots, as defined in section

93.318(b), shall be withdrawn for use for
international operations or for new en-
trants.

(d) The following withdrawal priority

rule shall be used to permit application
of the one-for-one trade provisions for
international and essential air service
slots and the slot withdrawal provi-
sions where the slots are needed for
other than international or essential
air service operations. If an operator
has more than one slot in a specific
time period in which it also has a slot
being used for international or essen-
tial air service operations, the inter-
national and essential air service slots
will be considered to be those with the
lowest withdrawal priority.

(e) The operator(s) using each slot to

be withdrawn shall be notified by the
FAA of the withdrawal and shall cease
operations using that slot on the date
indicated in the notice. Generally, the
FAA will provide at least 30 days after
notification for the operator to cease
operations unless exigencies require a
shorter time period.

(f) For 24 months following a lottery

held after June 1, 1991, a slot acquired
in that lottery shall be withdrawn by
the FAA upon the sale, merger, or ac-
quisition of more than 50 percent own-
ership or control of the carrier using
that slot or one acquired by trade of
that slot, if the resulting total of slots
held or operated at the airport by the
surviving entity would exceed 12 slots.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21718, June
13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22,
1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992;
Amdt. 93–78, 64 FR 53565, Oct. 1, 1999]

§ 93.224

Return of slots.

(a) Whenever a slot is required to be

returned under this subpart, the holder
must notify the office specified in
§ 93.221(a)(1) in writing of the date after
which the slot will not be used.

(b) Slots may be voluntarily returned

for use by other operators by notifying
the office specified in § 93.221(a)(1) in
writing.

§ 93.225

Lottery of available slots.

(a) Whenever the FAA determines

that sufficient slots have become avail-
able for distribution for purposes other
than international or essential air