title-14-part-93-sec93-226

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.

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.

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14 CFR Ch. I (1–1–24 Edition)

§ 93.227

(2) Any time period for which a slot

is available for less than a full season.

(3) For LaGuardia and Washington

National Airports:

(i) 6:00 a.m.–6:59 a.m.
(ii) 10:00 p.m.–midnight.
(b) Slots will be allocated only to op-

erators with the economic and oper-
ating authority and aircraft required
to use the slots.

this section shall be submitted in writ-
ing to the address listed in § 93.221(a)(1)
and shall identify the request as made
under this section.

(d) The FAA may deny requests made

under this section after a determina-
tion that all remaining slots in a par-
ticular category should be distributed
by lottery.

(e) Slots may be allocated on a sea-

sonal or temporary basis under this
provision.

[Doc. No. 24105, 51 FR 21718, June 13, 1986]

§ 93.227

Slot use and loss.

(a) Except as provided in paragraphs

(b), (c), (d), (g), and (l) of this section,
any slot not utilized 80 percent of the
time over a 2-month period shall be re-
called by the FAA.

(b) Paragraph (a) of this section does

not apply to slots obtained under
§ 93.225 of this part during:

(1) The first 90 days after they are al-

located to a new entrant carrier; or

(2) The first 60 days after they are al-

located to a limited incumbent or
other incumbent carrier.

not apply to slots of an operator forced
by a strike to cease operations using
those slots.

(d) In the case of a carrier that files

for protection under the Federal bank-
ruptcy laws and has not received a No-
tice of Withdrawal from the FAA for
the subject slot or slots, paragraph (a)
of this section does not apply:

(1) During a period after the initial

petition in bankruptcy, to any slot
held or operated by that carrier, for:

(i) 60 days after the carrier files the

initial petition in bankruptcy; and

(ii) 30 days after the carrier, in an-

ticipation of transferring slots, sub-
mits information to a Federal govern-
ment agency in connection with a stat-
utory antitrust, economic impact, or

similar review of the transfer, provided
that the information is submitted more
than 30 days after filing the initial pe-
tition in bankruptcy, and provided fur-
ther that any slot to be transferred has
not become subject to withdrawal
under any other provision of this
§ 93.227; and

(2) During a period after a carrier

ceases operations at an airport, to any
slot held or operated by that carrier at
that airport, for:

(i) 30 days after the carrier ceases op-

erations at that airport, provided that
the slot has not become subject to
withdrawal under any other provision
of this § 93.227; and

(ii) 30 days after the parties to a pro-

posed transfer of any such slot comply
with requests for additional informa-
tion by a Federal government agency
in connection with an antitrust, eco-
nomic impact, or similar investigation
of the transfer, provided that—

(A) The original notice of the trans-

fer is filed with the Federal agency
within 30 days after the carrier ceases
operation at the airport;

(B) The request for additional infor-

mation is made within 10 days of the
filing of the notice by the carrier;

tional information to the Federal agen-
cy within 15 days of the request by
such agency; and

(D) Any slot to be transferred has not

become subject to withdrawal under
any other provision of this § 93.227.

(e) Persons having slots withdrawn

pursuant to paragraph (a) of this sec-
tion must cease all use of those slots
upon receipt of notice from the FAA.

(f) Persons holding slots but not

using them pursuant to the provisions
of paragraphs (b), (c) and (d) may lease
those slots for use by others. A slot ob-
tained in a lottery may not be leased
after the expiration of the applicable
time period specified in paragraph (b)
of this section unless it has been oper-
ated for a 2-month period at least 65
percent of the time by the operator
which obtained it in the lottery.

(g) This section does not apply to

slots used for the operations described
in § 93.217(a)(1) except that a U.S. air
carrier or commuter operator required
to file a report under paragraph (i) of