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Section 93.217

14 CFR Ch. I (1-1-19 Edition)

during the 1986 summer season, requests under this paragraph must have
been submitted to the FAA on or before February 1, 1986. Each carrier requesting a slot under this paragraph
must submit its entire international
schedule at the relevant airport for the
particular season, noting which requests are in addition to or changes
from the previous year.
(6) Except as provided in paragraph
(a)(10) of this section, additional slots
shall be allocated at O-Hare Airport for
international scheduled air carrier and
commuter operations (beyond those
slots allocated under SectionSection 93.215 and
93.217(a)(5) if a request is submitted to
the office specified in Section 93.221(a)(1) and
filed by the deadline published in a
FEDERAL REGISTER notice for each season. These slots will be allocated at the
time requested unless a slot is available within one hour of the requested
time, in which case the unallocated
slots will be used to satisfy the request.
(7) If required by bilateral agreement, additional slots shall be allocated at LaGuardia Airport for international scheduled passenger operations within the hour requested.
(8) To the extent vacant slots are
available, additional slots during the
high density hours shall be allocated at
Kennedy Airport for new international
scheduled air carrier and commuter operations (beyond those operations for
which slots have been allocated under
SectionSection 93.215 and 93.217(a)(5)), if a request is
submitted to the office specified in
Section 93.221(a)(1) by the deadline published
in a FEDERAL REGISTER notice for each
season. In addition, slots may be withdrawn from domestic operations for operations at Kennedy Airport under this
paragraph if required by international
obligations.
(9) In determining the hour in which
a slot request under SectionSection 93.217(a)(6) and
93.217(a)(8) will be granted, the following will be taken into consideration, among other things:
(i) The availability of vacant slot
times;
(ii) International obligations;
(iii) Airport terminal capacity, including facilities and personnel of the
U.S. Customs Service and the U.S. Immigration and Naturalization Service;

(iv) The extent and regularity of intended use of a slot; and
(v) Schedule constraints of carriers
requesting slots.
(10) At O-Hare Airport, a slot will not
be allocated under this section to a
carrier holding or operating 100 or
more permanent slots on the previous
May 15 for a winter season or October
15 for a summer season unless:
(i) Allocation of the slot does not result in a total allocation to that carrier under this section that exceeds the
number of slots allocated to and scheduled by that carrier under this section
on February 23, 1990, and as reduced by
the number of slots reclassified under
Section 93.218, and does not exceed by more
than 2 the number of slots allocated to
and scheduled by that carrier during
any half hour of that day, or
(ii) Notwithstanding the number of
slots
allocated
under
paragraph
(a)(10)(i) of this section, a slot is available for allocation without withdrawal
of a permanent slot from any carrier.
(b) If a slot allocated under Section 93.215
was scheduled for an operation described in paragraph (a)(1) of this section on December 16, 1985, its use shall
be subject to the requirements of paragraphs (a)(1) through (a)(4) of this section. The requirements also apply to
slots used for international operations
at LaGuardia Airport.
(c) If a slot is offered to a carrier in
other than the hour requested, the carrier shall have 14 days after the date of
the offer to accept the newly offered
slot. Acceptance must be in writing
and sent to the office specified in
Section 93.221(a)(1) and must repeat the certified statements required by paragraph (e) of this section.
(d) The Office of the Secretary of
Transportation reserves the right not
to apply the provisions of this section,
concerning the allocation of slots, to
any foreign air carrier or commuter operator of a country that provides slots
to U.S. air carriers and commuter operators on a basis more restrictive than
provided by this subpart. Decisions not
to apply the provisions of this section
will be made by the Office of the Secretary of Transportation.
(e) Each request for slots under this
section shall state the airport, days of

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