Federal Aviation Administration, DOT

Section 93.217

carrier and commuter operator for purposes of this subpart.
[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93-52, 51 FR 21717, June
13, 1986; Amdt. 93-57, 54 FR 34906, Aug. 22,
1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93-65, 57
FR 37314, Aug. 18, 1992]

Section 93.215 Initial allocation of slots.
(a) Each air carrier and commuter
operator holding a permanent slot on
December 16, 1985, as evidenced by the
records of the air carrier and commuter operator scheduling committees,
shall be allocated those slots subject to
withdrawal under the provisions of this
subpart. The Chief Counsel of the FAA
shall be the final decisionmaker for
initial allocation determinations.
(b) Any permanent slot whose use on
December 16, 1985 is divided among different operators, by day of the week, or
otherwise, as evidenced by records of
the scheduling committees, shall be allocated in conformity with those
records. The Chief Counsel of the FAA
shall be the final decisionmaker for
these determinations.
(c) A carrier may permanently designate a slot it holds at Kennedy International Airport as a seasonal slot, to
be held by the carrier only during the
corresponding season in future years, if
it notifies the FAA (at the address
specified in Section 93.225(e)), in writing, the
preceding winter seasons or by October
15 of the preceding year for summer
seasons.
(d) Within 30 days after December 16,
1985, each U.S. air carrier and commuter operator must notify the office
specified in Section 93.221(a)(1), in writing, of
those slots used for operations described in Section 93.217(a)(1) on December 16,
1985.
(e) Any slot not held by an operator
on December 16, 1985 shall be allocated
in accordance with the provisions of
SectionSection 93.217, 93.219 or 93.225 of this subpart.

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[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93-52, 51 FR 21717, June
13, 1986]

Section 93.217 Allocation of slots for international operations and applicable
limitations.
(a) Any air carrier of commuter operator having the authority to conduct
international operations shall be pro-

vided slots for those operations, excluding transborder service solely between HDR airports and Canada, subject to the following conditions and the
other provisions of this section:
(1) The slot may be used only for a
flight segment in which either the
takeoff or landing is at a foreign point
or, for foreign operators, the flight segment is a continuation of a flight that
begins or ends at a foreign point. Slots
may be obtained and used under this
section only for operations at Kennedy
and O-Hare airports unless otherwise
required by bilateral agreement and
only for scheduled service unless the
requesting carrier qualifies for the slot
on the basis of historic seasonal operations, under Section 93.217(a)(5).
(2) Slots used for an operation described in paragraph (a)(1) of this section may not be bought, sold, leased, or
otherwise transferred, except that such
a slot may be traded to another slotholder on a one-for-one basis for a slot
at the same airport in a different hour
or half-hour period if the trade is for
the purpose of conducting such an operation in a different hour or half-hour
period.
(3) Slots used for operations described in paragraph (a)(1) of this section must be returned to the FAA if
the slot will not be used for such operations for more than a 2-week period.
(4) Each air carrier or commuter operator having a slot that is used for operations described in paragraph (a)(1)
of this section but is not used every
day of the week shall notify the office
specified in Section 93.221(a)(1) in writing of
those days on which the slots will not
be used.
(5) Except as provided in paragraph
(a)(10) of this section, at Kennedy and
O-Hare Airports, a slot shall be allocated, upon request, for seasonal international operations, including charter
operations, if the Chief Counsel of the
FAA determines that the slot had been
permanently allocated to and used by
the requesting carrier in the same hour
and for the same time period during
the corresponding season of the preceding year. Requests for such slots
must be submitted to the office specified in Section 93.221(a)(1), by the deadline
published in a FEDERAL REGISTER notice for each season. For operations

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