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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drawn, they will be withdrawn in ac-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93.318(b), shall be withdrawn for use for 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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857 

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. 

(c) Slot allocation lotteries shall be 

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

R

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. 

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