883 

Federal Aviation Administration, DOT 

§ 93.227 

by non-limited incumbent carriers will 
be allocated only until the date of the 
next lottery. 

(i) Slots obtained under this section 

shall retain their withdrawal priority 
as established under § 93.223. If the slot 
is newly created, a withdrawal priority 
shall be assigned. That priority number 
shall be higher than any other slot as-
signed a withdrawal number pre-
viously. 

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as 
amended by Amdt. 93–52, 51 FR 21718, June 
13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25, 
1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; 57 
FR 47993, Oct. 21, 1992; Amdt. 93–78, 64 FR 
53565, Oct. 1, 1999] 

§ 93.226

Allocation of slots in low-de-

mand periods. 

(a) If there are available slots in the 

following time periods and there are no 
pending requests for international or 
EAS operations at these times, FAA 
will allocate slots upon request on a 
first-come, first-served basis, as set 
forth in this section: 

(1) Any period for which a slot is 

available less than 5 days per week. 

(2) Any time period for which a slot 

is available for less than a full season. 

(3) For LaGuardia and Washington 

National Airports: 

(i) 6:00 a.m.–6:59 a.m. 
(ii) 10:00 p.m.–midnight. 
(b) Slots will be allocated only to op-

erators with the economic and oper-
ating authority and aircraft required 
to use the slots. 

(c) Requests for allocations under 

this section shall be submitted in writ-
ing to the address listed in § 93.221(a)(1) 
and shall identify the request as made 
under this section. 

(d) The FAA may deny requests made 

under this section after a determina-
tion that all remaining slots in a par-
ticular category should be distributed 
by lottery. 

(e) Slots may be allocated on a sea-

sonal or temporary basis under this 
provision. 

[Doc. No. 24105, 51 FR 21718, June 13, 1986] 

§ 93.227

Slot use and loss. 

(a) Except as provided in paragraphs 

(b), (c), (d), (g), and (l) of this section, 
any slot not utilized 80 percent of the 

time over a 2-month period shall be re-
called by the FAA. 

(b) Paragraph (a) of this section does 

not apply to slots obtained under 
§ 93.225 of this part during: 

(1) The first 90 days after they are al-

located to a new entrant carrier; or 

(2) The first 60 days after they are al-

located to a limited incumbent or 
other incumbent carrier. 

(c) Paragraph (a) of this section does 

not apply to slots of an operator forced 
by a strike to cease operations using 
those slots. 

(d) In the case of a carrier that files 

for protection under the Federal bank-
ruptcy laws and has not received a No-
tice of Withdrawal from the FAA for 
the subject slot or slots, paragraph (a) 
of this section does not apply: 

(1) During a period after the initial 

petition in bankruptcy, to any slot 
held or operated by that carrier, for: 

(i) 60 days after the carrier files the 

initial petition in bankruptcy; and 

(ii) 30 days after the carrier, in an-

ticipation of transferring slots, sub-
mits information to a Federal govern-
ment agency in connection with a stat-
utory antitrust, economic impact, or 
similar review of the transfer, provided 
that the information is submitted more 
than 30 days after filing the initial pe-
tition in bankruptcy, and provided fur-
ther that any slot to be transferred has 
not become subject to withdrawal 
under any other provision of this 
§ 93.227; and 

(2) During a period after a carrier 

ceases operations at an airport, to any 
slot held or operated by that carrier at 
that airport, for: 

(i) 30 days after the carrier ceases op-

erations at that airport, provided that 
the slot has not become subject to 
withdrawal under any other provision 
of this § 93.227; and 

(ii) 30 days after the parties to a pro-

posed transfer of any such slot comply 
with requests for additional informa-
tion by a Federal government agency 
in connection with an antitrust, eco-
nomic impact, or similar investigation 
of the transfer, provided that— 

(A) The original notice of the trans-

fer is filed with the Federal agency 
within 30 days after the carrier ceases 
operation at the airport; 

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