title-14-part-93-sec93-227

858

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

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859

Federal Aviation Administration, DOT

§ 93.301

this section shall include all slots oper-
ated at the airport, including slots de-
scribed in § 93.217(a)(1).

(h) Within 30 days after an operator

files for protection under the Federal
bankruptcy laws, the FAA shall recall
any slots of that operator, if—(1) the
slots were formerly used for essential
air service and (2) the Office of the Sec-
retary of Transportation determines
those slots are required to provide sub-
stitute essential air service to or from
the same points.

(i) Every air carrier and commuter

operator or other person holding a slot
at a high density airport shall, within
14 days after the last day of the 2-
month period beginning January 1,
1986, and every 2 months thereafter,
forward, in writing, to the address
identified in § 93.221(a)(1), a list of all
slots held by the air carrier, commuter
operator or other person along with a
listing of which air carrier or com-
muter operator actually operated the
slot for each day of the 2-month period.
The report shall identify the flight
number for which the slot was used and
the equipment used, and shall identify
the flight as an arrival or departure.
The report shall identify any common
ownership or control of, by, or with
any other carrier as defined in
§ 93.213(c) of this subpart. The report
shall be signed by a senior official of
the air carrier or commuter operator.
If the slot is held by an ‘‘other person,’’
the report must be signed by an official
representative.

(j) The Chief Counsel of the FAA may

waive the requirements of paragraph
(a) of this section in the event of a
highly unusual and unpredictable con-
dition which is beyond the control of
the slot-holder and which exists for a
period of 9 or more days. Examples of
conditions which could justify waiver
under this paragraph are weather con-
ditions which result in the restricted
operation of an airport for an extended
period of time or the grounding of an
aircraft type.

(k) The Chief Counsel of the FAA

may, upon request, grant a waiver from
the requirements of paragraph (a) of
this section for a slot used for the do-
mestic segment of an intercontinental
all-cargo flight. To qualify for a waiv-
er, a carrier must operate the slot a

substantial percentage of the time and
must return the slot to the FAA in ad-
vance for the time periods it will not
be used.

(l) The FAA will treat as used any

slot held by a carrier at a High Density
Traffic Airport on Thanksgiving Day,
the Friday following Thanksgiving
Day, and the period from December 24
through the first Saturday in January.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21718, June
13, 1986; Amdt. 93–65, 57 FR 37315, Aug. 18,
1992; Amdt. 93–71, 59 FR 58771, Nov. 15, 1994]

Subpart T—Ronald Reagan Wash-

ington National Airport Traffic
Rules

OURCE

: Docket No. 25143, 51 FR 43587, Dec.

3, 1986; Amdt. 93–82, 68 FR 9795, Feb. 28, 2003,
unless otherwise noted.

§ 93.251

Applicability.

This subpart prescribes rules applica-

ble to the operation of aircraft to or
from Ronald Reagan Washington Na-
tional Airport.

§ 93.253

Nonstop operations.

No person may operate an aircraft

nonstop in air transportation between
Ronald Reagan Washington National
Airport and another airport that is
more than 1,250 miles away from Ron-
ald Reagan Washington National Air-
port.

Subpart U—Special Flight Rules in

the Vicinity of Grand Canyon
National Park, AZ

OURCE

: By Docket No. 28537, 61 FR 69330,

Dec. 31, 1996, unless otherwise noted.

§ 93.301

Applicability.

This subpart prescribes special oper-

ating rules for all persons operating
aircraft in the following airspace, des-
ignated as the Grand Canyon National
Park Special Flight Rules Area: That
airspace extending from the surface up
to but not including 18,000 feet MSL
within an area bounded by a line begin-
ning at Lat. 35

′

″

N., Long. 112

′

″

W.; east to Lat. 35

′

″

N., Long.

111

′

″

W.; to Lat. 35

′

″