Section 93.224

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

in that lottery shall be withdrawn by
the FAA upon the sale, merger, or acquisition of more than 50 percent ownership 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]

kpayne on VMOFRWIN702 with $$_JOB

Section 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
Section 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 Section 93.221(a)(1) in
writing.
Section 93.225 Lottery of available slots.
(a) Whenever the FAA determines
that sufficient slots have become available 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 provisions of this section.
(b) A random lottery shall be held to
determine the order of slot selection.
(c) Slot allocation lotteries shall be
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 Section 93.123(a).
(d) The FAA shall publish a notice in
the FEDERAL REGISTER 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 provided 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 Office, AGC-230, Office of the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, 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 Section 93.213(c). New
entrant and limited incumbent carriers
will be permitted to complete their selections 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 sequence, except that new entrant carriers may select four slots, if available,
in the first sequence.
(g) To select slots during a slot lottery session, a carrier must have appropriate 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 authority under part 121 or part 135 of this
chapter as appropriate for the slots the
operator seeks to select.
(h) During the first selection sequence, 25 percent of the slots available
but no less than two slots shall be reserved 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 entrant carrier and limited incumbent
carrier has ceased selection of available slots or has obtained 12 slots at
that airport, other incumbent carriers
may participate in selecting the remaining slots; however, slots selected

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