Federal Aviation Administration, DOT

Section 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 Section 93.223. If the slot
is newly created, a withdrawal priority
shall be assigned. That priority number
shall be higher than any other slot assigned a withdrawal number previously.
[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]

Section 93.226 Allocation of slots in low-demand 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 operators with the economic and operating authority and aircraft required
to use the slots.
(c) Requests for allocations under
this section shall be submitted in writing to the address listed in Section 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 determination that all remaining slots in a particular category should be distributed
by lottery.
(e) Slots may be allocated on a seasonal or temporary basis under this
provision.
[Doc. No. 24105, 51 FR 21718, June 13, 1986]

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Section 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 recalled by the FAA.
(b) Paragraph (a) of this section does
not apply to slots obtained under
Section 93.225 of this part during:
(1) The first 90 days after they are allocated to a new entrant carrier; or
(2) The first 60 days after they are allocated 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 bankruptcy laws and has not received a Notice 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 anticipation of transferring slots, submits information to a Federal government agency in connection with a statutory antitrust, economic impact, or
similar review of the transfer, provided
that the information is submitted more
than 30 days after filing the initial petition in bankruptcy, and provided further that any slot to be transferred has
not become subject to withdrawal
under any other provision of this
Section 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 operations at that airport, provided that
the slot has not become subject to
withdrawal under any other provision
of this Section 93.227; and
(ii) 30 days after the parties to a proposed transfer of any such slot comply
with requests for additional information by a Federal government agency
in connection with an antitrust, economic impact, or similar investigation
of the transfer, provided that - 
(A) The original notice of the transfer is filed with the Federal agency
within 30 days after the carrier ceases
operation at the airport;

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