(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 §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 §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 §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;
(B) The request for additional information is made within 10 days of
the filing of the notice by the carrier;
(C) The carrier submits the additional information to the Federal
agency within 15 days of the request by such agency; and
(D) Any slot to be transferred has not become subject to withdrawal
under any other provision of this §93.227.
(e) Persons having slots withdrawn pursuant to paragraph (a) of this
section must cease all use of those slots upon receipt of notice from the
FAA.
(f) Persons holding slots but not using them pursuant to the provisions
of paragraphs (b), (c) and (d) may lease those slots for use by others. A
slot obtained in a lottery may not be leased after the expiration of the
applicable time period specified in paragraph (b) of this section unless
it has been operated for a 2-month period at least 65 percent of the time
by the operator which obtained it in the lottery.
(g) This section does not apply to slots used for the operations
described in §93.217(a)(1) except that a U.S. air carrier or commuter
operator required to file a report under paragraph (i) of this section
shall include all slots operated at the airport, including slots described
in §93.217(a)(1).
(h) Within 30 days after an operator files for protection under the
Federal bankruptcy laws, the FAA shall recall any slots of that operator,
if -- (1) the slots were formerly used for essential air service and (2)
the Office of the Secretary of Transportation determines those slots are
required to provide substitute essential air service to or from the same
points.
(i) Every air carrier and commuter operator or other person holding a
slot at a high density airport shall, within 14 days after the last day of
the 2-month period beginning January 1, 1986, and every 2 months
thereafter, forward, in writing, to the address identified in
§93.221(a)(1), a list of all slots held by the air carrier, commuter
operator or other person along with a listing of which air carrier or
commuter operator actually operated the slot for each day of the 2-month
period. The report shall identify the flight number for which the slot was
used and the equipment used, and shall identify the flight as an arrival
or departure. The report shall identify any common ownership or control
of, by, or with any other carrier as defined in §93.213(c) of this
subpart. The report shall be signed by a senior official of the air
carrier or commuter operator. If the slot is held by an "other person,"
the report must be signed by an official representative.
(j) The Chief Counsel of the FAA may waive the requirements of
paragraph (a) of this section in the event of a highly unusual and
unpredictable condition which is beyond the control of the slot-holder and
which exists for a period of 9 or more days. Examples of conditions which
could justify waiver under this paragraph are weather conditions which
result in the restricted operation of an airport for an extended period of
time or the grounding of an aircraft type.
(k) The Chief Counsel of the FAA may, upon request, grant a waiver from
the requirements of paragraph (a) of this section for a slot used for the
domestic segment of an intercontinental all-cargo flight. To qualify for a
waiver, a carrier must operate the slot a substantial percentage of the
time and must return the slot to the FAA in advance for the time periods
it will not be used.
(l) The FAA will treat as used any slot held by a carrier at a High
Density Traffic Airport on Thanksgiving Day, the Friday following
Thanksgiving Day, and the period from December 24 through the first
Saturday in January.