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14 CFR Ch. I (1–1–19 Edition)

§ 93.224

in that lottery shall be withdrawn by
the FAA upon the sale, merger, or ac-
quisition of more than 50 percent own-
ership or control of the carrier using
that slot or one acquired by trade of
that slot, if the resulting total of slots
held or operated at the airport by the
surviving entity would exceed 12 slots.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as
amended by Amdt. 93–52, 51 FR 21718, June
13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22,
1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992;
Amdt. 93–78, 64 FR 53565, Oct. 1, 1999]

§ 93.224

Return of slots.

(a) Whenever a slot is required to be

returned under this subpart, the holder
must notify the office specified in
§ 93.221(a)(1) in writing of the date after
which the slot will not be used.

(b) Slots may be voluntarily returned

for use by other operators by notifying
the office specified in § 93.221(a)(1) in
writing.

§ 93.225

Lottery of available slots.

(a) Whenever the FAA determines

that sufficient slots have become avail-
able for distribution for purposes other
than international or essential air
service operations, but generally not
more than twice a year, they shall be
allocated in accordance with the provi-
sions of this section.

(b) A random lottery shall be held to

determine the order of slot selection.

held on an airport-by-airport basis
with separate lotteries for air carrier
and commuter operator slots. The slots
to be allocated in each lottery will be
each unallocated slot not necessary for
international or Essential Air Service
Program operations, including any slot
created by an increase in the operating
limits set forth in § 93.123(a).

(d) The FAA shall publish a notice in

the F

EDERAL

EGISTER

announcing any

lottery dates. The notice may include
special procedures to be in effect for
the lotteries.

(e) Participation in a lottery is open

to each U.S. air carrier or commuter
operator operating at the airport and
providing scheduled passenger service
at the airport, as well as where pro-
vided for by bilateral agreement. Any
U.S. carrier, or foreign air carrier
where provided for by bilateral agree-

ment, that is not operating scheduled
service at the airport and has not
failed to operate slots obtained in the
previous lottery, or slots traded for
those obtained by lottery, but wishes
to initiate scheduled passenger service
at the airport, shall be included in the
lottery if that operator notifies, in
writing, the Slot Administration Of-
fice, AGC–230, Office of the Chief Coun-
sel, Federal Aviation Administration,
800 Independence Avenue, SW., Wash-
ington, DC 20591. The notification must
be received 15 days prior to the lottery
date and state whether there is any
common ownership or control of, by, or
with any other air carrier or commuter
operator as defined in § 93.213(c). New
entrant and limited incumbent carriers
will be permitted to complete their se-
lections before participation by other
incumbent carriers is initiated.

(f) At the lottery, each operator must

make its selection within 5 minutes
after being called or it shall lose its
turn. If capacity still remains after
each operator has had an opportunity
to select slots, the allocation sequence
will be repeated in the same order. An
operator may select any two slots
available at the airport during each se-
quence, except that new entrant car-
riers may select four slots, if available,
in the first sequence.

(g) To select slots during a slot lot-

tery session, a carrier must have ap-
propriate economic authority for
scheduled passenger service under Title
IV of the Federal Aviation Act of 1958,
as amended (49 U.S.C. App. 1371

et seq.

and must hold FAA operating author-
ity under part 121 or part 135 of this
chapter as appropriate for the slots the
operator seeks to select.

(h) During the first selection se-

quence, 25 percent of the slots available
but no less than two slots shall be re-
served for selection by new entrant
carriers. If new entrant carriers do not
select all of the slots set aside for new
entrant carriers, limited incumbent
carriers may select the remaining
slots. If every participating new en-
trant carrier and limited incumbent
carrier has ceased selection of avail-
able slots or has obtained 12 slots at
that airport, other incumbent carriers
may participate in selecting the re-
maining slots; however, slots selected

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