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873 

Federal Aviation Administration, DOT 

§ 93.217 

(5) Except as provided in paragraph 

(a)(10) of this section, at Kennedy and 
O’Hare Airports, a slot shall be allo-
cated, upon request, for seasonal inter-
national operations, including charter 
operations, if the Chief Counsel of the 
FAA determines that the slot had been 
permanently allocated to and used by 
the requesting carrier in the same hour 
and for the same time period during 
the corresponding season of the pre-
ceding year. Requests for such slots 
must be submitted to the office speci-
fied in § 93.221(a)(1), by the deadline 
published in a F

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no-

tice for each season. For operations 
during the 1986 summer season, re-
quests under this paragraph must have 
been submitted to the FAA on or be-
fore February 1, 1986. Each carrier re-
questing a slot under this paragraph 
must submit its entire international 
schedule at the relevant airport for the 
particular season, noting which re-
quests are in addition to or changes 
from the previous year. 

(6) Except as provided in paragraph 

(a)(10) of this section, additional slots 
shall be allocated at O’Hare Airport for 
international scheduled air carrier and 
commuter operations (beyond those 
slots allocated under §§ 93.215 and 
93.217(a)(5) if a request is submitted to 
the office specified in § 93.221(a)(1) and 
filed by the deadline published in a 
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notice for each sea-

son. These slots will be allocated at the 
time requested unless a slot is avail-
able within one hour of the requested 
time, in which case the unallocated 
slots will be used to satisfy the re-
quest. 

(7) If required by bilateral agree-

ment, additional slots shall be allo-
cated at LaGuardia Airport for inter-
national scheduled passenger oper-
ations within the hour requested. 

(8) To the extent vacant slots are 

available, additional slots during the 
high density hours shall be allocated at 
Kennedy Airport for new international 
scheduled air carrier and commuter op-
erations (beyond those operations for 
which slots have been allocated under 
§§ 93.215 and 93.217(a)(5)), if a request is 
submitted to the office specified in 
§ 93.221(a)(1) by the deadline published 
in a F

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notice for each 

season. In addition, slots may be with-

drawn from domestic operations for op-
erations at Kennedy Airport under this 
paragraph if required by international 
obligations. 

(9) In determining the hour in which 

a slot request under §§ 93.217(a)(6) and 
93.217(a)(8) will be granted, the fol-
lowing will be taken into consider-
ation, among other things: 

(i) The availability of vacant slot 

times; 

(ii) International obligations; 
(iii) Airport terminal capacity, in-

cluding facilities and personnel of the 
U.S. Customs Service and the U.S. Im-
migration and Naturalization Service; 

(iv) The extent and regularity of in-

tended use of a slot; and 

(v) Schedule constraints of carriers 

requesting slots. 

(10) At O’Hare Airport, a slot will not 

be allocated under this section to a 
carrier holding or operating 100 or 
more permanent slots on the previous 
May 15 for a winter season or October 
15 for a summer season unless: 

(i) Allocation of the slot does not re-

sult in a total allocation to that car-
rier under this section that exceeds the 
number of slots allocated to and sched-
uled by that carrier under this section 
on February 23, 1990, and as reduced by 
the number of slots reclassified under 
§ 93.218, and does not exceed by more 
than 2 the number of slots allocated to 
and scheduled by that carrier during 
any half hour of that day, or 

(ii) Notwithstanding the number of 

slots allocated under paragraph 
(a)(10)(i) of this section, a slot is avail-
able for allocation without withdrawal 
of a permanent slot from any carrier. 

(b) If a slot allocated under § 93.215 

was scheduled for an operation de-
scribed in paragraph (a)(1) of this sec-
tion on December 16, 1985, its use shall 
be subject to the requirements of para-
graphs (a)(1) through (a)(4) of this sec-
tion. The requirements also apply to 
slots used for international operations 
at LaGuardia Airport. 

(c) If a slot is offered to a carrier in 

other than the hour requested, the car-
rier shall have 14 days after the date of 
the offer to accept the newly offered 
slot. Acceptance must be in writing 
and sent to the office specified in 

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