880 

14 CFR Ch. I (1–1–19 Edition) 

§ 93.221 

by the transferor for international or 
essential air service operations; and 
whether the slot will be used by the re-
cipient for international or essential 
air service operations. After with-
drawal priorities have been established 
under § 93.223 of this part, the requests 
must include the slot designations of 
the transferred slots as described in 
§ 93.223(b)(5). 

(2) The slot transferred must come 

from the transferor’s then-current 
FAA-approved base. 

(3) Written evidence of each trans-

feror’s consent to the transfer must be 
provided to the FAA. 

(4) The recipient of a transferred slot 

may not use the slot until written con-
firmation has been received from the 
FAA. 

(5)(i) Until a slot obtained by a new 

entrant or limited incumbent carrier in 
a lottery held under § 93.225 after June 
1, 1991, has been used by the carrier 
that obtained it for a continuous 24- 
month period after the lottery in ac-
cordance with § 93.227(a), that slot may 
be transferred only by trade for one or 
more slots at the same airport or to 
other new entrant or limited incum-
bent carriers under § 93.221(a)(5)(iii). 
This transfer restriction shall apply to 
the same extent to any slot or slots ac-
quired by trading the slot obtained in a 
lottery. To remove the transfer restric-
tion, documentation of 24 months’ con-
tinuous use must be submitted to the 
FAA Office of the Chief Counsel. 

(ii) Failure to use a slot acquired by 

trading a slot obtained in a lottery for 
a continuous 24-month period after the 
lottery, shall void all trades involving 
the lottery slot, which shall be re-
turned to the FAA. All use of the lot-
tery slot shall be counted toward ful-
filling the minimum use requirements 
under § 93.227(a) applicable to the slot 
or slots for which the lottery slot was 
traded, including subsequent trades. 

(iii) Slots obtained by new entrant or 

limited incumbent carriers in a lottery 
may be sold, leased, or otherwise trans-
ferred to another entrant or limited in-
cumbent carrier after a minimum of 60 
days of use by the obtaining carrier. 
The transfer restrictions of 
§ 93.221(a)(5)(i) shall continue to apply 
to the slot until documentation of 24 
months’ continuous use has been sub-

mitted and the transfer restriction re-
moved. 

(6) The Office of the Secretary of 

Transportation must determine that 
the transfer will not be injurious to the 
essential air service program. 

(b) A record of each slot transfer 

shall be kept on file by the office speci-
fied in paragraph (a)(1) of this section 
and will be made available to the pub-
lic upon request. 

(c) Any person may buy or sell slots 

and any air carrier or commuter may 
use them. Notwithstanding § 93.123, air 
carrier slots may be used with aircraft 
of the kind described in § 93.123 (c)(1) or 
(c)(2) but commuter slots may only be 
used with aircraft of the kind described 
in § 93.0123(c)(2). 

(d) Air carriers and commuter opera-

tors considered to be a single operator 
under the provisions of § 93.213(c) of 
this subpart but operating under sepa-
rate names shall report transfers of 
slots between them. 

(e) Notwithstanding § 93.123(c)(2) of 

this part, a commuter slot at O’Hare 
International Airport may be used with 
an aircraft described in § 93.123(c)(1) of 
this part on the following conditions: 

(1) Air carrier aircraft that may be 

operated under this paragraph are lim-
ited to aircraft: 

(i) Having an actual seating configu-

ration of 110 or fewer passengers; and 

(ii) Having a maximum certificated 

takeoff weight of less than 126,000 
pounds. 

(2) No more than 50 percent of the 

total number of commuter slots held 
by a slot holder at O’Hare Inter-
national Airport may be used with air-
craft described in paragraph (e)(1) of 
this section. 

(3) An air carrier or commuter oper-

ator planning to operate an aircraft de-
scribed in paragraph (e)(1) of this sec-
tion in a commuter slot shall notify 
ATC at least 75 days in advance of the 
planned start date of such operation. 
The notice shall include the slot num-
ber, proposed time of operation, air-
craft type, aircraft series, actual air-
craft seating configuration, and 
planned start date. ATC will approve or 
disapprove the proposed operation no 
later than 45 days prior to the planned 
start date. If an operator does not ini-
tiate operation of a commuter slot 

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