856
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.
(c) Whenever slots must be with-
drawn, they will be withdrawn in ac-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93.318(b), shall be withdrawn for use for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
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