title-14-part-93-sec93-225

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.

drawn, they will be withdrawn in ac-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93.318(b), shall be withdrawn for use for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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Federal Aviation Administration, DOT

§ 93.226

service operations, but generally not
more than twice a year, they shall be
allocated in accordance with the provi-
sions of this section.

(b) A random lottery shall be held to

determine the order of slot selection.

held on an airport-by-airport basis
with separate lotteries for air carrier
and commuter operator slots. The slots
to be allocated in each lottery will be
each unallocated slot not necessary for
international or Essential Air Service
Program operations, including any slot
created by an increase in the operating
limits set forth in § 93.123(a).

(d) The FAA shall publish a notice in

the F

EDERAL

EGISTER

announcing any

lottery dates. The notice may include
special procedures to be in effect for
the lotteries.

(e) Participation in a lottery is open

to each U.S. air carrier or commuter
operator operating at the airport and
providing scheduled passenger service
at the airport, as well as where pro-
vided for by bilateral agreement. Any
U.S. carrier, or foreign air carrier
where provided for by bilateral agree-
ment, that is not operating scheduled
service at the airport and has not
failed to operate slots obtained in the
previous lottery, or slots traded for
those obtained by lottery, but wishes
to initiate scheduled passenger service
at the airport, shall be included in the
lottery if that operator notifies, in
writing, the Slot Administration Of-
fice, AGC–230, Office of the Chief Coun-
sel, Federal Aviation Administration,
800 Independence Avenue, SW., Wash-
ington, DC 20591. The notification must
be received 15 days prior to the lottery
date and state whether there is any
common ownership or control of, by, or
with any other air carrier or commuter
operator as defined in § 93.213(c). New
entrant and limited incumbent carriers
will be permitted to complete their se-
lections before participation by other
incumbent carriers is initiated.

(f) At the lottery, each operator must

make its selection within 5 minutes
after being called or it shall lose its
turn. If capacity still remains after
each operator has had an opportunity
to select slots, the allocation sequence
will be repeated in the same order. An
operator may select any two slots

available at the airport during each se-
quence, except that new entrant car-
riers may select four slots, if available,
in the first sequence.

(g) To select slots during a slot lot-

tery session, a carrier must have ap-
propriate economic authority for
scheduled passenger service under Title
IV of the Federal Aviation Act of 1958,
as amended (49 U.S.C. App. 1371

et seq.),

and must hold FAA operating author-
ity under part 121 or part 135 of this
chapter as appropriate for the slots the
operator seeks to select.

(h) During the first selection se-

quence, 25 percent of the slots available
but no less than two slots shall be re-
served for selection by new entrant
carriers. If new entrant carriers do not
select all of the slots set aside for new
entrant carriers, limited incumbent
carriers may select the remaining
slots. If every participating new en-
trant carrier and limited incumbent
carrier has ceased selection of avail-
able slots or has obtained 12 slots at
that airport, other incumbent carriers
may participate in selecting the re-
maining slots; however, slots selected
by non-limited incumbent carriers will
be allocated only until the date of the
next lottery.

(i) Slots obtained under this section

shall retain their withdrawal priority
as established under § 93.223. If the slot
is newly created, a withdrawal priority
shall be assigned. That priority number
shall be higher than any other slot as-
signed a withdrawal number pre-
viously.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21718, June
13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25,
1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; 57
FR 47993, Oct. 21, 1992; Amdt. 93–78, 64 FR
53565, Oct. 1, 1999]

§ 93.226

Allocation of slots in low-de-

mand periods.

(a) If there are available slots in the

following time periods and there are no
pending requests for international or
EAS operations at these times, FAA
will allocate slots upon request on a
first-come, first-served basis, as set
forth in this section:

(1) Any period for which a slot is

available less than 5 days per week.