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Section 93.221

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

by the transferor for international or
essential air service operations; and
whether the slot will be used by the recipient for international or essential
air service operations. After withdrawal priorities have been established
under Section 93.223 of this part, the requests
must include the slot designations of
the transferred slots as described in
Section 93.223(b)(5).
(2) The slot transferred must come
from the transferor-s then-current
FAA-approved base.
(3) Written evidence of each transferor-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 confirmation 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 Section 93.225 after June
1, 1991, has been used by the carrier
that obtained it for a continuous 24month period after the lottery in accordance with Section 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 incumbent carriers under Section 93.221(a)(5)(iii).
This transfer restriction shall apply to
the same extent to any slot or slots acquired by trading the slot obtained in a
lottery. To remove the transfer restriction, documentation of 24 months- continuous 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 returned to the FAA. All use of the lottery slot shall be counted toward fulfilling the minimum use requirements
under Section 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 transferred to another entrant or limited incumbent carrier after a minimum of 60
days of use by the obtaining carrier.
The
transfer
restrictions
of
Section 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 removed.
(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 specified in paragraph (a)(1) of this section
and will be made available to the public upon request.
(c) Any person may buy or sell slots
and any air carrier or commuter may
use them. Notwithstanding Section 93.123, air
carrier slots may be used with aircraft
of the kind described in Section 93.123 (c)(1) or
(c)(2) but commuter slots may only be
used with aircraft of the kind described
in Section 93.0123(c)(2).
(d) Air carriers and commuter operators considered to be a single operator
under the provisions of Section 93.213(c) of
this subpart but operating under separate names shall report transfers of
slots between them.
(e) Notwithstanding Section 93.123(c)(2) of
this part, a commuter slot at O-Hare
International Airport may be used with
an aircraft described in Section 93.123(c)(1) of
this part on the following conditions:
(1) Air carrier aircraft that may be
operated under this paragraph are limited to aircraft:
(i) Having an actual seating configuration 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 International Airport may be used with aircraft described in paragraph (e)(1) of
this section.
(3) An air carrier or commuter operator planning to operate an aircraft described in paragraph (e)(1) of this section 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 number, proposed time of operation, aircraft type, aircraft series, actual aircraft
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 initiate operation of a commuter slot

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