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875 

Federal Aviation Administration, DOT 

§ 93.221 

(1) Requests for confirmation must be 

submitted in writing to Slot Adminis-
tration Office, AGC–230, Office of the 
Chief Counsel, Federal Aviation Ad-
ministration, 800 Independence Ave., 
SW., Washington, DC 20591, in a format 
to be prescribed by the Administrator. 
Requests will provide the names of the 
transferor and recipient; business ad-
dress and telephone number of the per-
sons representing the transferor and 
recipient; whether the slot is to be used 
for an arrival or departure; the date 
the slot was acquired by the transferor; 
the section of this subpart under which 
the slot was allocated to the trans-
feror; whether the slot has been used 
by the transferor for international or 
essential air service operations; and 
whether the slot will be used by the re-
cipient for international or essential 
air service operations. After with-
drawal priorities have been established 
under § 93.223 of this part, the requests 
must include the slot designations of 
the transferred slots as described in 
§ 93.223(b)(5). 

(2) The slot transferred must come 

from the transferor’s then-current 
FAA-approved base. 

(3) Written evidence of each trans-

feror’s consent to the transfer must be 
provided to the FAA. 

(4) The recipient of a transferred slot 

may not use the slot until written con-
firmation has been received from the 
FAA. 

(5)(i) Until a slot obtained by a new 

entrant or limited incumbent carrier in 
a lottery held under § 93.225 after June 
1, 1991, has been used by the carrier 
that obtained it for a continuous 24- 
month period after the lottery in ac-
cordance with § 93.227(a), that slot may 
be transferred only by trade for one or 
more slots at the same airport or to 
other new entrant or limited incum-
bent carriers under § 93.221(a)(5)(iii). 
This transfer restriction shall apply to 
the same extent to any slot or slots ac-
quired by trading the slot obtained in a 
lottery. To remove the transfer restric-
tion, documentation of 24 months’ con-
tinuous use must be submitted to the 
FAA Office of the Chief Counsel. 

(ii) Failure to use a slot acquired by 

trading a slot obtained in a lottery for 
a continuous 24-month period after the 
lottery, shall void all trades involving 

the lottery slot, which shall be re-
turned to the FAA. All use of the lot-
tery slot shall be counted toward ful-
filling the minimum use requirements 
under § 93.227(a) applicable to the slot 
or slots for which the lottery slot was 
traded, including subsequent trades. 

(iii) Slots obtained by new entrant or 

limited incumbent carriers in a lottery 
may be sold, leased, or otherwise trans-
ferred to another entrant or limited in-
cumbent carrier after a minimum of 60 
days of use by the obtaining carrier. 
The transfer restrictions of 
§ 93.221(a)(5)(i) shall continue to apply 
to the slot until documentation of 24 
months’ continuous use has been sub-
mitted and the transfer restriction re-
moved. 

(6) The Office of the Secretary of 

Transportation must determine that 
the transfer will not be injurious to the 
essential air service program. 

(b) A record of each slot transfer 

shall be kept on file by the office speci-
fied in paragraph (a)(1) of this section 
and will be made available to the pub-
lic upon request. 

(c) Any person may buy or sell slots 

and any air carrier or commuter may 
use them. Notwithstanding § 93.123, air 
carrier slots may be used with aircraft 
of the kind described in § 93.123 (c)(1) or 
(c)(2) but commuter slots may only be 
used with aircraft of the kind described 
in § 93.0123(c)(2). 

(d) Air carriers and commuter opera-

tors considered to be a single operator 
under the provisions of § 93.213(c) of 
this subpart but operating under sepa-
rate names shall report transfers of 
slots between them. 

(e) Notwithstanding § 93.123(c)(2) of 

this part, a commuter slot at O’Hare 
International Airport may be used with 
an aircraft described in § 93.123(c)(1) of 
this part on the following conditions: 

(1) Air carrier aircraft that may be 

operated under this paragraph are lim-
ited to aircraft: 

(i) Having an actual seating configu-

ration of 110 or fewer passengers; and 

(ii) Having a maximum certificated 

takeoff weight of less than 126,000 
pounds. 

(2) No more than 50 percent of the 

total number of commuter slots held 

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