PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS Special Federal Aviation Regulation No. 43 Special Federal Aviation Regulation No. 48 Special Federal Aviation Regulation No. 60 Subpart A--General Sec. 93.1 Applicability. Subparts B-C--[Reserved] Subpart D--Anchorage, Alaska, Terminal Area 93.51 Applicability. 93.53 Description of area. 93.55 Subdivision of area. 93.57 General rules: All segments. 93.59 General rules: International segment. 93.61 General rules: Lake Hood segment. 93.63 General rules: Merrill segment. 93.65 General rules: Elmendorf segment. 93.67 General rules: Bryant segment. 93.69 Special Requirements, Lake Campbell and Sixmile Lake Airports. Subpart E--VOR Federal Airway No. 16 93.71 Applicability. 93.73 Crossing VOR Federal Airway No. 16; VFR Jet training operations. 93.75 Crossing and operating along VOR Federal Airway No. 16. Subpart F--Valparaiso, Florida, Terminal Area 93.81 Applicability and description of area. 93.83 Aircraft operations. Subpart G--[Reserved] Subpart H--[Reserved] Subpart I--[Reserved] Subpart J--Lorain County Regional Airport Traffic Rule 93.117 Applicability. 93.119 Aircraft operations. Subpart K--High Density Traffic Airports 93.121 Applicability. 93.123 High density traffic airports. 93.125 Arrival or departure reservation. 93.129 Additional operations. 93.130 Suspension of allocations. 93.133 Exceptions. Subpart L--[Reserved] Subpart M--Ketchikan International Airport Traffic Rule 93.151 Applicability. 93.153 Communications. 93.155 Aircraft operations. Subpart N--[Reserved] Subpart O--[Reserved] Subpart P--[Reserved] Subpart Q--[Reserved] Subpart R--[Reserved] Subpart S--Allocation of Commuter and Air Carrier IFR Operations at High Density Traffic Airports 93.211 Applicability. 93.213 Definitions and General Provisions. 93.215 Initial Allocation of Slots. 93.217 Allocation of Slots for International Operations and Applicable Limitations. 93.219 Allocation of Slots for Essential Air Service Operations and Applicable Limitations. 93.221 Transfer of Slots. 93.223 Slot Withdrawal. 93.225 Lottery of Available Slots. 93.226 Allocation of slots in low-demand periods. 93.227 Slot Use and Loss. Subpart T--Washington National Airport Traffic Rules 93.251 Applicability. 93.253 Nonstop operations. Appendix A--Anchorage Airport Traffic Area: Traffic Patterns Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a), 1424, 2451 et seq.; 49 U.S.C. 106(g). EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subparts I, N, O, Q, and R of Part 93 effective September 16, 1993. For the convenience of the user, the headings of the reserved items in effect until September 16, 1993 are set forth as follows: PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS * * * * * Subpart I--Locations at Which Special VFR Weather Minimums Do Not Apply 93.111 Applicability. 93.113 Control zones within which special VFR weather minimums are not authorized. * * * * * Subpart N--Sabre U.S. Army Heliport (Tenn.) Airport Traffic Area 93.161 Applicability. 93.163 Description of area. Subpart O--Jacksonville, Fla., Navy Airport Traffic Area 93.171 Applicability. 93.173 Description of area. 93.175 Aircraft operations. * * * * * Subpart Q--Abbotsford, BC, and Sault Ste. Marie, ON: Special Airport Traffic Areas and Air Traffic Rules 93.195 Applicability; scope. 93.197 Special airport traffic areas. 93.199 Communications. Subpart R--MCAS El Toro, CA, Special Air Traffic Rules 93.200 Applicability. 93.202 MCAS El Toro, CA, special air traffic rules area. 93.204 Communications. 93.206 Ultralight operations. 93.208 Parachute jumping. * * * * * Special Federal Aviation Regulation No. 43 Contrary provisions of Part 93 of the Federal Aviation Regulations notwithstanding, IFR reservations available to air carriers except air taxis at Washington National Airport will be issued in accordance with Appendix A for the period December 1, 1980 to April 26, 1981. APPENDIX A (a) The allocation agreed upon by the Airline Scheduling Committee for Washington National Airport for November, 1980, shown in Table 1 below, shall be in effect from December 1, 1980 until April 26, 1981, with adjustments made in accordance with paragraphs (b) through (f) of this appendix. (b) Slots shall be set aside for redistribution in accordance with paragraphs (d) and (e) of this appendix in the following numbers by hour: at 0700(2 slots), 0800(2), 0900(2), 1000(2), 1100(1), 1200(1), 1300(1), 1400(1), 1500(1), 1600(2), 1700(2), 1800(2), 1900(2), 2000(2), 2100(1), and 2200(4), as shown in Table 2. (c) The Department shall ask the scheduling committee to reconvene on Friday, October 31. (d) For the purpose of determining the distribution of the set-aside slot reductions among the carriers, the following procedure shall be used: (1) The total number of slots available to each carrier for December is established as shown in the right hand column of Table 1. (2) The five carriers with fewer total slots in December than in the November schedule, as shown in Table 1 (U.S. Air, Braniff, Eastern, Pan American, and Piedmont), shall be ranked in accordance with the number of slots they hold in the December totals. (3) In rank order, beginning with the carrier with the fewest slots, each of the five carriers shall be called to select the slots in its November schedule to be deleted. The slots selected by each carrier must fall within the hours 0700 to 2100, must correspond to set-aside slots not selected by another carrier, and must equal in total number the difference between the slots shown for each carrier in the November and December totals. (4) Thereafter the twelve carriers with the most slots in the November totals shall be ranked in order of the number of slots they hold. The rank of carriers with an equal number of slots shall be established by the toss of a coin. (5) The ranked carrier with the fewest slots shall be called upon to select one of its slots corresponding to one of the remaining set-aside slots in the 0700 to 2100 hours to be shifted to the 2200 hour, or deleted from its schedule at the carrier's option. The other ranked carriers shall do the same, following in rank order. (6) Any carrier not participating when called or unable to respond within 15 minutes shall be put at the bottom of the rank list. (7) If any ranked carrier is unwilling or unable to participate, the set- aside slots to be lost or shifted by those carriers shall be determined by lot. (e) For the purpose of distributing the set-aside slots to the gaining carriers, the following procedure shall be used: (1) Air North shall select two slots. (2) Texas International shall select four slots. (3) Air North shall select two slots. (4) Texas International shall select four slots. (5) Empire and Mid-South, in order determined by the toss of a coin, shall select two slots each. (6) Midway shall select two slots. (7) Texas International shall receive the remaining ten slots. Under this section, each carrier may select only one slot in any hour, except the 2200 hour, unless no other slot is available. Each carrier with a total of more than four slots for December shall select one slot from the 2200 hour if one is available. (f) Subject to CAB authorization, the carriers may then exchange slots in any hour. (g) The Department shall then issue and publish a final schedule in the Federal Register. Thereafter, existing procedures (or any new procedure approved by the CAB) of the scheduling committee for the relinquishment and reassignment of unused slots may be employed. (h) The FAA will accept at any time a schedule developed by the committee in accordance with its rules for part or all of the scheduling period, in lieu of the schedule published under paragraph (f) of this appendix. Table 1--November Schedule and Total Slots for December Carriers 07 08 09 10 11 12 13 14 15 16 American 5 3 4 4 3 6 2 4 3 2 Altair 1 2 1 2 1 2 USAir 7 7 6 3 5 3 6 7 5 4 Braniff 1 1 1 1 2 2 2 3 1 Delta 3 3 1 2 2 2 3 2 1 3 Eastern 9 8 7 12 8 7 8 9 9 7 Aeromech 1 1 1 1 Midway 1 1 1 1 1 New Air 2 1 1 Air North Northwest 3 2 3 2 2 4 3 1 4 3 Ozark 1 1 1 Pan American 2 2 3 5 1 1 4 2 1 2 Piedmont 2 4 6 4 4 5 4 5 3 4 Pilgrim 2 1 Air Florida 1 1 1 1 1 1 1 1 1 Republic 1 1 Texas Int'l Trans World 1 2 3 2 1 3 3 2 5 3 United 4 1 2 2 4 2 1 2 3 3 Empire 1 1 1 1 Mid-South 2 2 2 Western 1 1 Total 40 40 40 40 40 40 40 40 40 40 [ ...Table continues... ] Carriers 17 18 19 20 21 22 23 Total December American 5 4 5 3 3 2 58 AA 58 Altair 1 1 1 2 2 16 AK 16 USAir 6 5 5 6 5 4 84 AL 82 Braniff 2 2 2 2 22 BN 20 Delta 3 2 2 1 2 32 DL 32 Eastern 5 8 8 7 12 4 128 EA 124 Aeromech 2 6 KC 6 Midway 1 1 1 8 ML 10 New Air 1 1 6 NC 6 Air North NO 4 Northwest 2 2 2 5 1 1 40 NW 40 Ozark 1 4 OZ 4 Pan American 3 5 2 1 2 2 38 PA 36 Piedmont 4 4 4 4 3 4 64 PI 62 Pilgrim 1 4 PM 4 Air Florida 1 1 1 1 1 14 QH 14 Republic 2 4 RC 4 Texas Int'l TI 18 Trans World 3 2 2 3 2 1 38 TW 38 United 2 4 2 4 3 1 40 UA 40 Empire 2 6 UR 8 Mid-South 6 VL 8 Western 1 1 4 WA 4 Total 40 40 40 40 40 22 622 638 Table 2--Set-Aside Slots 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 Total 2 2 2 2 1 1 1 1 1 2 2 2 2 2 1 4 28 [45 FR 72640, Nov. 3, 1980] SFAR No. 48--Special Slot Withdrawal and Reallocation Procedures Section 1. Purpose. The purpose of this Special Federal Aviation Regulation (SFAR) is to accomplish a special one-time withdrawal of slots that were allocated under Subpart S of Part 93 to incumbent carriers and a reallocation by lottery of those slots and slots otherwise available to new entrant carriers and limited incumbent carriers desiring additional slots at O'Hare, LaGuardia, and Washington National Airports. Sec. 2. Definitions and Relationship to 14 CFR Part 93, Subparts S and K. Terms used in this SFAR have the same meanings as used in Subparts K and S of Part 93. The provisions of those subparts shall be considered when applying this SFAR. However, this SFAR supersedes inconsistent provisions in both subparts. Sec. 3. Lottery Process--General. (a) Utilizing the air carrier slot pools established by the FAA under Sec. 93.223(a)(3), the FAA shall hold lotteries to determine those slots to be withdrawn from incumbent carriers at O'Hare, LaGuardia, and Washington National Airports. The drawings shall be conducted within 30 days after issuance of this SFAR. (b) Separate drawings shall be conducted for air carrier slots for each of the high density airports identified in paragraph (a). (c) The slots selected in each drawing shall be determined in accordance with sections 4(c) and (e). (d) The FAA may issue special procedures to be in effect for the lotteries (e) None of the slots withdrawn shall be slots used for international operations, as specified in Sec. 93.217(a)(1), or necessary for essential air service. (f) None of the slots withdrawn shall be from carriers holding eight or fewer non-international air carrier slots at the particular airport. (g) Each U.S. air carrier operating at the airport with fewer than eight total slots (including all international or domestic, commuter or air carrier slots) shall be included in the lotteries to obtain slots under this SFAR if the carrier notifies the Office of the Chief Counsel, Docket Section, AGC- 204, 800 Independence Avenue, SW., Washington, D.C. 20591, that it desires to participate in the reallocation lottery. The notification must be in writing and must be submitted in duplicate by 5:00 p.m. Eastern Standard Time on March 24, 1986. The notification must include a certified statement signed by an officer of the operator indicating that the operator operates or has contracted for sufficient aircraft having a maximum seating capacity of 56 or more to use the slots to be obtained and that the operator has bona fide plans to use all requested slots within the timeframe described in section 6. (h) Any U.S. new entrant air carrier wishing to initiate scheduled service at the airport, shall be included in the lottery if it: (1) Has appropriate economic authority under Title IV of the Federal Aviation Act of 1958, as amended; (2) has FAA operating authority under Part 121; and (3) notifies the Office of the Chief Counsel, Docket Section, AGC-204, 800 Independence Avenue, SW., Washington, D.C. 20591, that it desires to participate in the lottery. The notification must be in writing and must be submitted in duplicate by 5:00 p.m. Eastern Standard Time on March 24, 1986. The notification must include a certified statement signed by an officer of the operator indicating that the operator operates or has contracted for sufficient aircraft having a maximum certificated passenger seating capacity of 56 or more to use the slots to be obtained and that the operator has bona fide plans to use all requested slots within the timeframe described in section 6. Sec. 4. Withdrawal Process. (a) The name of each air carrier with more than eight non-international air carrier slots (5 days a week or more) at the airport shall be placed in individual capsules for inclusion in a drawing. The name of each such carrier shall be placed in a number of capsules equal to 10 percent of the total number of air carrier slots held by that carrier (5 days a week or more) at that airport in accordance with Part 93. Subpart S, rounded to the next lowest number, but not less than one. The date used to determine slot holdings under this paragraph shall be March 20, 1986. (b) After each capsule is placed in a drum, a random drawing shall be held to determine the order for the selection of slots to be withdrawn. (c) Before any carrier is required to designate slots for withrawal, unallocated slots and slots available in accordance with 14 CFR 93.224 and 93.227 shall be designated for reallocation under section 5 of this SFAR. Those slots shall be used to satisfy the provisions of paragraph (e) of this section. (d) Each time a carrier's name is called, it shall designate two slots (or one if that is all that is required) to be withdrawn and reallocated from the most current base available to the FAA. A carrier shall have 5 minutes to designate its slots to be withdrawn or the FAA representative will. Any slot designated must be in the carrier's base at least 5 days a week. (e) Each slot designated must be within hours in which slots are needed consistent with the hourly minimum slot column (Column C) for that airport, as specified below: (A) (B) (C) Total Minimum number slots of Hours of in each Airport Category slots the day hour LaGuardia Air Carrier 36 0700-2159 2 Washington National ......do 28 0700-2159 2 O'Hare ......do 84 0645-2114 4 If the required minimum number of slots has been designated in each of the hours of the day (Column B), a carrier required to designate additional slots may do so in any of those hours. If a carrier does not have a slot in a required hour, it may name a slot in any hour listed in Column B. The total number of slots available under paragraph (c) during the hours specified in Column B plus the slots designated by carriers for withrawal pursuant to paragraph (d) shall not exceed the total number of slots specified in Column A for each airport. (f) No carrier shall be required to designate more than 10 percent of its total of non-international air carrier slots (5 days a week or more) at the particular airport. (g) Slots designated for withdrawal under this section shall retain the same withdrawal priority numbers as established under Subpart S of Part 93 when reallocated pursuant to section 5 of this SFAR. However, slots reallocated under section 5 shall not be withdrawn under Subpart S, for EAS or international operations, from the carrier selecting the slot for a period of 2 years after the effective date of this SFAR. Sec. 5. Reallocation Lotteries. (a) Within 48 hours following the withdrawal lottery, a lottery to allocate the slots withdrawn pursuant to section 4 and those otherwise available shall be held on an airport-by-airport basis. (b) Random drawings shall be held to determine the order of slot selection by the carriers eligible under section 3. (c) An operator may select up to two slots available at the airport during each selection sequence, except that new entrant carriers may select up to four slots, if available, in the first sequence. (d) At the lottery, each operator must make its selection within 5 minutes after being called or it shall lose its turn. If capacity still remains after each operator has had an opportunity to select slots, the allocation sequence will be repeated in the same order. (e) No carrier may select more than eight slots under this SFAR or select any slots that would result in it having a total of more than eight slots at any one airport, less any slots lost under Sec. 93.227(a). (f) If all eligible carriers decide not to select additional slots or have selected their maximum number of slots, the lottery at that airport will end and the remaining slots will be returned (subject to section 7) to the carriers designating them, if any, in accordance with section 4. Sec. 6. Slot Use. (a) The initiation of operations with slots reallocated pursuant to this SFAR shall be accomplished no earlier than 90 days and no later than 180 days after the lottery is held pursuant to section 5. (b) Each carrier obtaining a slot under section 5 shall give the carrier losing the slot under section 4, if any, and the FAA, at least 90 days written notice prior to initiation of service. The notice to the FAA must be mailed to the address set forth in section 3(g). (c) Slots obtained under section 5 shall only be used by the carrier obtaining them for scheduled non-international passenger service. (d) Slots allocated under section 5 which were withdrawn from an incumbent carrier under section 4 will be temporarily returned to the incumbent carrier and all other slots allocated under section 5 will be returned to the FAA if: (1) The carrier obtaining the slot under section 5 fails to give the notice required by section 5 or does not utilize the slot within 14 days after the date which it states it will begin to utilize the slot; or (2) The carrier obtaining the slot loses it under 14 CFR 93.227(a) within 180 days after it initiates service. (e) The slot "use-or-lose" provisions of Sec. 93.227(a) of the Federal Aviation Regulations shall apply to those slots allocated under this SFAR as of the date the carrier obtaining the slot actually initiates service. The provisions of Sec. 93.227(b) do not apply to the slots allocated under this SFAR. (f) A slot obtained under section 5 may only be traded on a one-for-one basis or for an increased number of slots at the same airport for 90 days after the carrier obtaining it under section 5 initiates use of that slot. The restrictions of this SFAR apply to any slots obtained in such a trade. (g) For 90 days after initiation of service with any slot obtained under this section, it must be utilized with aircraft having a certificated maximum passenger seating capacity of 56 or more. After 90 days, the provisions of 14 CFR Subpart S apply as to the kind of aircraft eligible to be utilized with the slot. Sec. 7. Secondary Lotteries. (a) By December 15, 1986, a second set of lotteries to allocate slots under this SFAR shall be held to allocate only: (1) Those slots designated under section 4(e) for reallocation that were not reallocated under section 5; and (2) Those slots that were reallocated under section 5 that were returned, under section 6, to the FAA or the carrier from which they were withdrawn. (b) The second set of lotteries shall be subject to the rules set forth in sections 1 through 6 of this SFAR except: (1) The slots to be allocated are only those specified in paragraph (a) of this section; and (2) carriers which obtained slots under section 5 and failed to use them in accordance with section 6 or sold them shall not be eligible to participate in this lottery. Sales under Subpart S of slots not obtained under this SFAR shall not be deemed to affect a carrier's eligibility to participate in this lottery. (c) A notice shall be published before the second set of lotteries announcing the time and place of the lotteries and any special procedures that will apply. Sec. 8. Effective and Termination Dates. This SFAR is effective March 17, 1986 and terminates on January 1, 1988. (49 U.S.C. 1302, 1303, 1348, 1354(a), 1421(a); 49 U.S.C. 106 (Revised Pub. L. 97-449, January 12, 1983)) [Doc. No. 24105, 51 FR 8639, Mar. 12, 1986] Special Federal Aviation Regulation No. 60--Air Traffic Control System Emergency Operation 1. Each person shall, before conducting any operation under the Federal Aviation Regulations (14 CFR chapter I), be familiar with all available information concerning that operation, including Notices to Airmen issued under Sec. 91.139 and, when activated, the provisions of the National Air Traffic Reduced Complement Operations Plan available for inspection at operating air traffic facilities and Regional air traffic division offices, and the General Aviation Reservation Program. No operator may change the designated airport of intended operation for any flight contained in the October 1, 1990, OAG. 2. Notwithstanding any provision of the Federal Aviation Regulations to the contrary, no person may operate an aircraft in the Air Traffic Control System: a. Contrary to any restriction, prohibition, procedure or other action taken by the Director of the Office of Air Traffic Systems Management (Director) pursuant to paragraph 3 of this regulation and announced in a Notice to Airmen pursuant to Sec. 91.139 of the Federal Aviation Regulations. b. When the National Air Traffic Reduced Complement Operations Plan is activated pursuant to paragraph 4 of this regulation, except in accordance with the pertinent provisions of the National Air Traffic Reduced Complement Operations Plan. 3. Prior to or in connection with the implementation of the RCOP, and as conditions warrant, the Director is authorized to: a. Restrict, prohibit, or permit VFR and/or IFR operations at any airport, terminal control area, airport radar service area, or other terminal and en route airspace. b. Give priority at any airport to flights that are of military necessity, or are medical emergency flights, Presidential flights, and flights transporting critical Government employees. c. Implement, at any airport, traffic management procedures, that may include reduction of flight operations. Reduction of flight operations will be accomplished, to the extent practical, on a pro rata basis among and between air carrier, commercial operator, and general aviation operations. Flights cancelled under this SFAR at a high density traffic airport will be considered to have been operated for purposes of part 93 of the Federal Aviation Regulations. 4. The Director may activate the National Air Traffic Reduced Complement Operations Plan at any time he finds that it is necessary for the safety and efficiency of the National Airspace System. Upon activation of the RCOP and notwithstanding any provision of the FAR to the contrary, the Director is authorized to suspend or modify any airspace designation. 5. Notice of restrictions, prohibitions, procedures and other actions taken by the Director under this regulation with respect to the operation of the Air Traffic Control system will be announced in Notices to Airmen issued pursuant to Sec. 91.139 of the Federal Aviation Regulations. 6. The Director may delegate his authority under this regulation to the extent he considers necessary for the safe and efficient operation of the National Air Traffic Control System. [55 FR 40760, Oct. 4, 1990] ***************************************************************************** 55 FR 40758, No. 193, Oct. 4, 1990 SUMMARY: The Administrator of the FAA has determined that, if the sequestration provisions of the Gramm-Rudman-Hollings Act take effect on October 1, 1990, an emergency will exist requiring that immediate measures be taken in order to maintain air safety. All FAA employees, including air traffic controllers, may expect to be furloughed for a specified number of days within each pay period of work. If the furlough is implemented, such action will result in a reduction in the number of air traffic controllers available on the job and will significantly affect the FAA's ability to operate the Air Traffic Control (ATC) system and provide full ATC services. This Special Federal Aviation Regulation authorizes special provisions for the operation of the ATC system during the period that the emergency conditions exist in order to provide for the safe and orderly movement of air Ttraffic. EFFECTIVE DATE: September 28, 1990. ***************************************************************************** Subpart A--General Sec. 93.1 Applicability. (a) This part prescribes special airport traffic patterns and airport traffic areas. It also prescribes special air traffic rules for operating aircraft in those traffic patterns and traffic areas and in the vicinity of airports described in this part. (b) Unless otherwise authorized by ATC, each person operating an aircraft shall do so in accordance with the special air traffic rules in this part in addition to other applicable rules in Part 91 of this chapter. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-10, 33 FR 4096, Mar. 2, 1968; Amdt. 93-15, 34 FR 2603, Feb. 26, 1969; Amdt. 93-33, 41 FR 14879, Apr. 8, 1976; Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, revised paragraph (b) of Sec. 93.1 effective September 16, 1993. For the convenience of the user, the superseded text in effect until Sept. 16, 1993, is set forth as follows: Sec. 93.1 Applicability. * * * * * (b) Unless otherwise authorized by ATC (with the exception of Sec. 93.113), each person operating an aircraft shall do so in accordance with the special air traffic rules in this part in addition to other applicable rules in Part 91 of this chapter. ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subparts B-C-- [Reserved] Subpart D--Anchorage, Alaska, Terminal Area Source: Docket No. 1580, 28 FR 6715, June 29, 1963, unless otherwise noted. Sec. 93.51 Applicability. This subpart prescribes the Anchorage, Alaska, Airport traffic area and special traffic patterns for that airport and other airports in the vicinity of Anchorage. It prescribes special air traffic rules for that area and those patterns. In addition, it prescribes rules governing the operation of aircraft in the vicinity of the airports described herein. Sec. 93.53 Description of area. The Anchorage Airport traffic area is designated as that airspace extending upward from the surface to, but not including, 3,000 feet MSL. It is bounded by a line beginning at Point MacKenzie extending westerly along the bank of Knik Arm to a point intersecting an arc of five-statute-mile radius circle centered on the geographical center of Anchorage International Airport; thence counterclockwise along that arc to its intersection with the new Seward Highway; thence northerly along the new Seward Highway to its intersection with Tudor Road; thence easterly along Tudor Road to its intersection with Muldoon Road; thence northerly along Muldoon Road to a point one-half statute mile south of Glenn Highway; thence northeasterly along a line one-half statute mile east of and parallel to Glenn Highway to its intersection with a line one-half statute mile east of and parallel to Bryant Airport runway 16/34; thence northeastward along this line to its intersection with a point which is lat. 61 deg.17'15" N., long. 149 deg.37'10" W.; thence west to lat. 61 deg.17'15" N., long. 149 deg.42'25" W.; thence northwest to lat. 61 deg.19'12" N., long. 149 deg.46'36" W.; thence via an arc of a five-statute-mile radius circle centered on the geographical center of Elmendorf Air Force Base; thence counterclockwise along this arc to its intersection with the west bank of Knik Arm; thence southerly along the west bank of Knik Arm to the point of beginning. However, it does not include the following: (a) That airspace at and below 600 feet MSL, north of a line beginning at the intersection of Farrell Road and the northeast boundary of the airport traffic area extending westerly along Farrell Road to the east end of Sixmile Lake; thence along a line bearing on the middle of Lake Lorraine to the boundary of the airport traffic area. (b) That airspace at and below 600 feet MSL, south of a line beginning at the intersection of the new Seward Highway and Dimond Boulevard extending westerly along Dimond Boulevard to Sand Lake Road thence due west to the boundary of the airport traffic area. (c) [Reserved] (d) That airspace described as the "Bryant segment" in Sec. 93.55(e), when the Bryant control tower is not in operation. [Doc. No. 12425, Amdt. 93-29, 39 FR 32551, Sept. 9, 1974, as amended by Amdt. 93-51, 51 FR 18312, May 19, 1986] Sec. 93.55 Subdivision of area. The Anchorage Airport traffic area is subdivided as follows: (a) International segment. That area lying within a line beginning at the International Airport control tower extending northwesterly on a direct line toward the substation to the airport traffic area boundary; thence counterclockwise along the airport traffic area boundary to its intersection with International Airport Road; thence westerly along International Airport Road to the point of beginning. (b) Merrill segment. That area lying within a line beginning at Point MacKenzie extending directly to the mouth of Fish Creek; thence along Fish Creek to Northern Lights Boulevard; thence direct to the intersection of Tudor Road and the new Seward Highway; thence east and north along the airport traffic area boundary to a point directly east of the intersection of Glenn Highway and Boniface Parkway; thence due west on a direct line through that intersection to Ship Creek; thence along Ship Creek to its mouth; thence on a direct line toward the center of Lake Lorraine to the airport traffic area boundary; thence counterclockwise along the airport traffic area boundary to the point of beginning. (c) Lake Hood segment. That area lying between the International segment and the Merrill segment. (d) Elmendorf segment. That area lying within a line beginning at the intersection of the airport traffic area boundary with Loop Road, extending southerly along Loop Road to Davis Highway; thence due south to the north boundary of the Merrill segment; thence westward along the north boundary of the Merrill segment to the airport traffic area boundary; thence clockwise along the airport traffic area boundary to the point of beginning. (e) Bryant segment. That area lying east of the Elmendorf segment. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-29, 39 FR 32552, Sept. 9, 1974; Amdt. 93-51, 51 FR 18312, May 19, 1986] Sec. 93.57 General rules: All segments. (a) Each person piloting an aircraft to, from or on an airport within the airport traffic area shall operate it according to the rules set forth in this section and Sec. 93.59, Sec. 93.61, Sec. 93.63, Sec. 93.65, or Sec. 93.67, as applicable, unless otherwise authorized or required by ATC. (b) Each person piloting an airplane shall conform to the flow of traffic shown on the appropriate diagram in Appendix A. (c) Each person piloting a helicopter shall operate it in a manner avoiding the flow of airplanes. (d) Except as provided in Sec. 93.65 (d) and (e), each person piloting an aircraft in the airport traffic area shall operate it only within the designated segment containing the airport of landing or takeoff. (e) Except as provided in Sec. 93.63(d), each person piloting an aircraft shall maintain two-way radio communications with the control tower serving the segment containing the airport of landing or takeoff. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 FR 8568, July 7, 1965; Amdt. 93-29, 39 FR 32552, Sept. 9, 1974] Sec. 93.59 General rules: International segment. (a) No person may pilot an aircraft at an altitude between 1,200 feet MSL and 2,000 feet MSL in that part of the segment lying north of the midchannel of Knik Arm. (b) Each person piloting an airplane at a speed of more than 105 knots within the segment (except that part described in paragraph (a) of this section) shall operate it at an altitude of at least 1,600 feet MSL until maneuvering for a safe landing requires further descent. (c) Each person piloting an airplane at a speed of 105 knots or less within the segment (except that part described in paragraph (a) of this section) shall operate it at an altitude of at least 900 feet MSL until maneuvering for a safe landing requires further descent. Sec. 93.61 General rules: Lake Hood segment. (a) No person may pilot an aircraft at an altitude between 1,200 feet MSL and 2,000 feet MSL in that part of the segment lying north of the midchannel of Knik Arm. (b) Each person piloting an airplane within the segment (except that part described in paragraph (a) of this section) shall operate it at an altitude of at least 600 feet MSL until maneuvering for a safe landing requires further descent. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-51, 51 FR 18312, May 19, 1986 Sec. 93.63 General rules: Merrill segment. (a) No person may pilot an aircraft at an altitude between 600 feet MSL and 2,000 feet MSL in that part of the segment lying north of the midchannel of Knik Arm. (b) Each person piloting an airplane at a speed of more than 105 knots within the segment (except that part described in paragraph (a) of this section) shall operate it at an altitude of at least 1,200 feet MSL until maneuvering for a safe landing requires further descent. (c) Each person piloting an airplane at a speed of 105 knots or less within the segment (except that part described in paragraph (a) of this section) shall operate it at an altitude of at least 900 feet MSL until maneuvering for a safe landing requires further descent. (d) Whenever the Merrill control tower is not operating, each person piloting an aircraft within the segment shall maintain two-way radio communication with the Anchorage Flight Service Station. [Doc. No. 1580, Amdt. 1-1, 28 FR 6715, June 29, 1963, as amended by Amdt. 93- 6, 29 FR 15949, Dec. 1, 1964; Amdt. 93-29, 39 FR 32552, Sept. 9, 1974] Sec. 93.65 General rules: Elmendorf segment. (a) Each person piloting a turbine-powered airplane within the segment shall operate it at an altitude of at least 1,700 feet MSL until maneuvering for a safe landing requires further descent. (b) Each person piloting an airplane (other than turbine powered) at a speed of more than 105 knots within the segment shall operate it at an altitude of at least 1,200 feet MSL until maneuvering for a safe landing requires further descent. (c) Each person piloting an airplane (other than turbine powered) at a speed of 105 knots or less within the segment shall operate it at an altitude of at least 700 feet MSL until maneuvering for a safe landing requires further descent. (d) A person landing or taking off an aircraft from Elmendorf Airport may operate it at an altitude between 1,500 feet MSL and 1,700 feet MSL within those parts of the International and Lake Hood segments lying north of the midchannel of Knik Arm. (e) A person landing or taking off an aircraft from Elmendorf Airport may operate it at an altitude between 900 feet MSL and 1,700 feet MSL within that part of the Merrill segment lying north of the midchannel of Knik Arm. Sec. 93.67 General rules: Bryant segment. (a) Each person piloting an airplane within the segment shall operate it at an altitude of at least 1,000 feet MSL until maneuvering for a safe landing requires further descent. (b) Whenever Bryant control tower is not operating, each person piloting an aircraft to or from the Bryant Airport shall conform to the flow of traffic shown on the appropriate diagram in Appendix A of this part, and, while in the traffic pattern, shall operate at an altitude of at least 1,000 feet m.s.l. until maneuvering for a safe landing requires further descent. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 FR 8568, July 7, 1965] Sec. 93.69 Special Requirements, Lake Campbell and Sixmile Lake Airports. Each person piloting an aircraft to or from Lake Campbell or Sixmile Lake Airport shall conform to the flow of traffic for the Lake operations that are shown on the appropriate diagram in Appendix A. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 FR 8568, July 7, 1965] Subpart E--VOR Federal Airway No. 16 Source: Amdt. 93-20, 35 FR 10856, July 3, 1970, unless otherwise noted. Effective Date Note: At 54 FR 50992, December 11, 1989, Subpart E, consisting of Secs. 93.71 through 93.75, was removed, effective January 11, 1990. Sec. 93.71 Applicability. This subpart applies to aircraft operated under Visual Flight Rules within VOR Federal Airway 16 between longitudes 112 deg.23'00'' W. and 112 deg.41'30'' W., excluding that portion of the airspace within a 4-statute- mile radius of Phoenix-Litchfield Airport (latitude 33 deg.25'25'' N., longitude 112 deg.22'30'' W.), Monday through Saturday, from 0600 to 0100 the following day, local time. Sec. 93.73 Crossing VOR Federal Airway No. 16; VFR Jet Training Operations. Each pilot in command of a Luke Air Force Base jet aircraft operating outside of Luke Air Force Base airport traffic pattern under Visual Flight Rules and engaged in a training operation that requires crossing of VOR Federal Airway No. 16 within the airspace specified in Sec. 93.71, shall cross within that specified airspace at altitudes from 2,500 feet m.s.l. to 5,000 m.s.., inclusive. Sec. 93.75 Crossing and operating along VOR Federal Airway No. 16. Each person piloting an aircraft (other than an aircraft to which Sec. 93.73 applies, and aircraft departing Luke Air Force Base) crossing or operating along VOR Federal Airway No. 16 in the area specified in Sec. 93.71 shall operate-- (a) At 2,000 feet m.s.l., or lower, or (b) At 5,500 feet m.s.l., or higher. Subpart F--Valparaiso, Florida, Terminal Area ***************************************************************************** 59 FR 46152, No. 171, Sept. 6, 1994 Amdt. 93-70 SUMMARY: This action retains the Valparaiso, Florida Terminal Area and Special Air Traffic Rules in part 93 of the Federal Aviation Regulations (FAR); revises the Class D airspace areas for Eglin Air Force Base (AFB), the Eglin Air Force (AF) Auxiliary No. 3 Duke Field, and Hurlburt Field; revises the Crestview Class E airspace area; and deletes the Eglin Class D North- South corridor. Additionally, this action modifies the established North- South and East-West corridors associated with the Valparaiso, Florida Terminal Area and Eglin AFB in part 93 of the FAR. This action is necessary to simplify operating procedures, airspace assignment and airspace use within the Valparaiso, Florida Terminal Area. EFFECTIVE DATE: This amendment is effective on December 8, 1994. ***************************************************************************** Sec. 93.81 Applicability and description of area. (a) This subpart prescribes the Valparaiso, Florida Terminal Area, and the special air traffic rules for operating aircraft within that Area. (b) The Valparaiso, Florida Terminal Area is designated as follows: (1) North-South Corridor. The North-South Corridor includes the airspace extending upward from the surface up to, but not including, 18,000 feet MSL, bounded by a line beginning at: Latitude 30 deg.42'51" N., Longitude 86 deg.38'02" W.; to Latitude 30 deg.43'18" N., Longitude 86 deg.27'37" W.; to Latitude 30 deg.37'01" N., Longitude 86 deg.27'37" W.; to Latitude 30 deg.37'01" N., Longitude 86 deg.25'30" W.; to Latitude 30 deg.33'01" N., Longitude 86 deg.25'30" W.; to Latitude 30 deg.33'01" N., Longitude 86 deg.25'00" W.; to Latitude 30 deg.25'01" N., Longitude 86 deg.25'00" W.; to Latitude 30 deg.25'01" N., Longitude 86 deg.38'12" W.; to Latitude 30 deg.29'02" N., Longitude 86 deg.38'02" W.; to point of beginning. (2) East-West Corridor--The East-West Corridor is divided into three sections to accommodate the different altitudes as portions of the corridor underlie restricted areas R-2915C, R-2919B, and R-2914B. (i) The west section would include that airspace extending upward from the surface to but not including 8,500 feet MSL, bounded by a line beginning at: Latitude 30 deg.22'47" N., Longitude 86 deg.51'30" W.: then along the shoreline to Latitude 30 deg.23'46" N., Longitude 86 deg.38'15" W.; to Latitude 30 deg.20'51" N., Longitude 86 deg.38'50" W.; then 3 NM from and parallel to the shoreline to Latitude 30 deg.19'31" N., Longitude 86 deg.51'30" W.; to the beginning. (ii) The center section would include that airspace extending upward from the surface to but not including 18,000 feet MSL, bounded by a line beginning at: Latitude 30 deg.25'01" N., Longitude 86 deg.38'12" W.; to Latitude 30 deg.25'01" N., Longitude 86 deg.25'00" W.; to Latitude 30 deg.25'01" N., Longitude 86 deg.22'26" W.; to Latitude 30 deg.19'46" N., Longitude 86 deg.23'45" W.; then 3 NM from and parallel to the shoreline to Latitude 30 deg.20'51" N., Longitude 86 deg.38'50" W.; to Latitude 30 deg.23'46" N., Longitude 86 deg.38'15" W.; to the beginning. (iii) The east section would include that airspace extending upward from the surface to but not including 8,500 feet MSL, bounded by a line beginning at: Latitude 30 deg.25'01" N., Longitude 86 deg.22'26" W.; to Latitude 30 deg.22'01" N., Longitude 86 deg.08'00" W.; to Latitude 30 deg.19'16" N., Longitude 85 deg.56'00" W.; to Latitude 30 deg.11'01" N., Longitude 85 deg.56'00" W.; then 3 NM from and parallel to the shoreline to Latitude 30 deg.19'46" N., Longitude 86 deg.23'45" W.; to the beginning. [Doc. No. 26968, Amdt. 93-70, 59 FR 46154, Sept. 6, 1994] ***************************************************************************** 59 FR 46152, No. 171, Sept. 6, 1994 SUMMARY: This action retains the Valparaiso, Florida Terminal Area and Special Air Traffic Rules in part 93 of the Federal Aviation Regulations (FAR); revises the Class D airspace areas for Eglin Air Force Base (AFB), the Eglin Air Force (AF) Auxiliary No. 3 Duke Field, and Hurlburt Field; revises the Crestview Class E airspace area; and deletes the Eglin Class D North- South corridor. Additionally, this action modifies the established North- South and East-West corridors associated with the Valparaiso, Florida Terminal Area and Eglin AFB in part 93 of the FAR. This action is necessary to simplify operating procedures, airspace assignment and airspace use within the Valparaiso, Florida Terminal Area. EFFECTIVE DATE: This amendment is effective on December 8, 1994. ***************************************************************************** Sec. 93.83 Aircraft Operations. (a) North-South Corridor. Unless otherwise authorized by ATC (including the Eglin Radar Control Facility), no person may operate an aircraft in flight within the North-South Corridor designated in Sec. 93.81(b)(1) unless-- (1) Before operating within the corridor, that person obtains a clearance from the Eglin Radar Control Facility or an appropriate FAA ATC facility; and (2) That person maintains two-way radio communication with the Eglin Radar Control Facility or an appropriate FAA ATC facility while within the corridor. (b) East-West Corridor. Unless otherwise authorized by ATC (including the Eglin Radar Control Facility), no person may operate an aircraft in flight within the East-West Corridor designated in Sec. 93.81(b)(2) unless-- (1) Before operating within the corridor, that person establishes two-way radio communications with Eglin Radar Control Facility or an appropriate FAA ATC facility and receives an ATC advisory concerning operations being conducted therein; and (2) That person maintains two-way radio communications with the Eglin Radar Control Facility or an appropriate FAA ATC facility while within the corridor. [Doc. No. 26968, Amdt. 93-70, 59 FR 46155, Sept. 6, 1994] ***************************************************************************** 59 FR 46152, No. 171, Sept. 6, 1994 SUMMARY: This action retains the Valparaiso, Florida Terminal Area and Special Air Traffic Rules in part 93 of the Federal Aviation Regulations (FAR); revises the Class D airspace areas for Eglin Air Force Base (AFB), the Eglin Air Force (AF) Auxiliary No. 3 Duke Field, and Hurlburt Field; revises the Crestview Class E airspace area; and deletes the Eglin Class D North- South corridor. Additionally, this action modifies the established North- South and East-West corridors associated with the Valparaiso, Florida Terminal Area and Eglin AFB in part 93 of the FAR. This action is necessary to simplify operating procedures, airspace assignment and airspace use within the Valparaiso, Florida Terminal Area. EFFECTIVE DATE: This amendment is effective on December 8, 1994. ***************************************************************************** Subpart G--[Reserved] Subpart H--[Reserved] Subpart I--[Reserved. Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subpart I (Secs. 93.111 to 93.113) of part 93 effective September 16, 1993. The heading of subpart I in effect until September 16, 1993 reads as follows: Subpart I--Locations at Which Special VFR Weather Minimums Do Not Apply ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subpart J--Lorain County Regional Airport Traffic Rule Sec. 93.117 Applicability. This subpart prescribes a special air traffic rule for the Lorain County Regional Airport, Lorain County, Ohio. [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] Sec. 93.119 Aircraft operations. Each person piloting an airplane landing at the Lorain County Regional Airport shall enter the traffic pattern north of the airport and shall execute a right traffic pattern for a landing to the southwest or a left traffic pattern for a landing to the northeast. Each person taking off from the airport shall execute a departure turn to the north as soon as practicable after takeoff. [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] Subpart K--High Density Traffic Airports Sec. 93.121 Applicability. This subpart designates high density traffic airports and prescribes air traffic rules for operating aircraft, other than helicopters, to or from those airports. [Amdt. 93-21, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-27, 38 FR 29464, Oct. 25, 1973] Sec. 93.123 High density traffic airports. (a) Each of the following airports is designated as a high density traffic airport and, except as provided in Sec. 93.129 and paragraph (b) of this section, or unless otherwise authorized by ATC, is limited to the hourly number of allocated IFR operations (takeoffs and landings) that may be reserved for the specified classes of users for that airport: IFR Operations per Hour Airport O'Hare Washington Class of LaGuardia /2/ National user /4/ Newark /3/ /1/ Air carriers 48 40 120 37 Commuters 14 10 25 11 Other 6 10 10 12 John F. Kennedy Air carriers Commuters Other 1500 69 15 2 1600 74 12 2 1700 80 13 0 1800 75 10 2 1900 63 12 2 /1/ Washington National Airport operations are subject to modifications per Section 93.124. /2/ The hour period in effect at O'Hare begins at 6:45 a.m. and continues in 30-minute increments until 9:15 p.m. /3/ Operations at O'Hare International Airport shall not-- (a) Except as provided in paragraph (c) of the note, exceed 62 for air carriers and 13 for commuters and 5 for "other" during any 30-minute period beginning at 6:45 a.m. and continuing every 30 minutes thereafter. (b) Except as provided in paragraph (c) of the note, exceed more than 120 for air carriers, 25 for commuters, and 10 for "other" in any two consecutive 30- minute periods. (c) For the hours beginning at 6:45 a.m., 7:45 a.m., 11:45 a.m., 7:45 p.m. and 8:45 p.m., the hourly limitations shall be 105 for air carriers, 40 for commuters and 10 for "other," and the 30-minute limitations shall be 55 for air carriers, 20 for commuters and 5 for "other." For the hour beginning at 3:45 p.m., the hourly limitations shall be 115 for air carriers, 30 for commuters and 10 for "others", and the 30-minute limitations shall be 60 for air carriers, 15 for commuters and 5 for "other." /4/ Operations at LaGuardia Airport shall not-- (a) Exceed 26 for air carriers, 7 for commuters and 3 for "other" during any 30-minute period. (b) Exceed 48 for air carriers, 14 for commuters, and 6 for "other" in any two consecutive 30-minute periods. (b) The following exceptions apply to the allocations of reservations prescribed in paragraph (a) Of this section. (1) The allocations of resevations among the several classes of users do not apply from 12 midnight to 6 a.m. local time, but the totala hourly limitation remains applicable. (2) [Reserved] (3) The allocation of 37 IFR reservations per hour for air carriers except commuters at Washington National Airport does not include charter flights, or other nonscheduled flights of scheduled or supplemental air carriers. These flights may be conducted without regard to the limitation of 37 IFR reservations per hour. (4) The allocation of IFR reservations for air carriers except commuters at LaGuardia, Newark, O'Hare, and Washington National Airports does not include extra sections of scheduled flights. The allocation of IFR reservations for scheduled commuters at Washington National Airport does not include extra sections of scheduled flights. These flights may be conducted without regard to the limitation upon the hourly IFR reservations at those airports. (5) Any reservation allocated to, but not taken by, air carrier operations (except commuters) is available for a scheduled commuter operation. (6) Any reservation allocated to, but not taken by, air carrier operations (except commuters) or scheduled commuter operations is available for other operations. (c) For purposes of this subpart-- (1) The number of operations allocated to "air carriers except commuters," as used in paragraph (a) of this section refers to the number of operations conducted by air carriers with turboprop and reciprocating engine aircraft having a certificated maximum passenger seating capacity of 75 or more or with turbojet powered aircraft having a certificated maximum passenger seating capacity of 56 or more, or, if used for cargo service in air transportation, with any aircraft having a maximum payload capacity of 18,000 pounds or more. (2) The number of operations allocated to "scheduled commuters," as used in paragraph (a) of this section, refers to the number of operations conducted by air carriers with turboprop and reciprocating engine aircraft having a certificated maximum passenger seating capacity of less than 75 or by turbojet aircraft having a certificated maximum passenger seating capacity of less than 56, or, if used for cargo service in air transportation, with any aircraft having a maximum payload capacity of less than 18,000 pounds. (3) Notwithstanding the provisions of paragraph (c)(2) of this Section, a limited number of operations allocated for "scheduled commuters" under paragraph (a) of this section may be conducted with aircraft described in Sec. 93.221(e) of this part pursuant to the requirements of Sec. 93.221(e). Note: The effective date of paragraph (c), to the extent it defines turbojet aircraft with a maximum certificated seating capacity of less than 56 seats as air carrier aircraft, is suspended indefinitely. [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt. 93-37, 45 FR 62408, Sept. 18, 1980; Amdt. 93-44, 46 FR 58048, Nov. 27, 1981; Amdt. 93-46, 49 FR 8244, Mar. 6, 1984; Amdt. 93-57, 54 FR 34906, Aug. 22, 1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93-59, 54 FR 39843, Sept. 28, 1989; 56 FR 41207, Aug. 19, 1991] ***************************************************************************** 56 FR 41200, No. 160, Aug. 19, 1991 SUMMARY: This action amends the regulations pertaining to the allocation and definition of commuter operator slots (i.e., allocated instrument flight rules (IFR) takeoff and landing reservations) at O'Hare International Airport. Under the rule as adopted, the FAA will permit a limited number of commuter slots at O'Hare International Airport to be used by aircraft having a maximum seating capacity of up to 110 passenger seats. This amendment is in response to a petition for rulemaking submitted by American Airlines and subsequent comments received on the petition and notice of proposed rulemaking. The FAA will limit the number of commuter slots available for operation of such aircraft to 25 percent of each operator's commuter slots at O'Hare International Airport, and limit the number of such operations in any half hour. This amendment will remain in effect for a 2-year period to allow the FAA to evaluate the effect of the change on the operation of the airport and air traffic facilities, and may be extended. This action will relieve airlines at O'Hare of certain existing restrictions and permit (but not necessarily result in) additional jet service to some smaller communities while still preserving the class of commuter slots as distinct from air carrier slots. EFFECTIVE DATE: Rule effective September 18, 1991. ***************************************************************************** Sec. 93.125 Arrival or departure reservation. Except between 12 Midnight and 6 a.m. local time, no person may operate an aircraft to or from an airport designated as a high density traffic airport unless he has received, for that operation, an arrival or departure reservation from ATC. [Doc. No. 9974, Amdt. 93-25, 37 FR 22794, Oct. 25, 1972] Sec. 93.129 Additional operations. (a) IFR. The operator of an aircraft may take off or land the aircraft under IFR at a designated high density traffic airport without regard to the maximum number of operations allocated for that airport if the operation is not a scheduled operation to or from a high density airport and he obtains a departure or arrival reservation, as appropriate, from ATC. The reservation is granted by ATC whenever the aircraft may be accommodated without significant additional delay to the operations allocated for the airport for which the reservations is requested. (b) VFR. The operator of an aircraft may take off and land the aircraft under VFR at a designated high density traffic airport without regard to the maximum number of operations allocated for that airport if the operation is not a scheduled operation to or from a high density airport and he obtains a departure or arrival reservation, as appropriate, from ATC. The reservation is granted by ATC whenever the aircraft may be accommodated without significant additional delay to the operations allocated for the airport for which the reservation is requested and the ceiling reported at the airport is at least 1,000 feet and the ground visibility reported at the airport is at least 3 miles. (c) For the purpose of this section a "scheduled operation to or from the high density airport" is any operation regularly conducted by an air carrier or commuter between a high density airport and another point regularly served by that operator unless the service is conducted pursuant to irregular charter or hiring of aircraft or is a nonpassenger flight. (d) An aircraft operator must obtain an IFR reservation in accordance with procedures established by the Administrator. For IFR flights to or from a high density airport, reservations for takeoff and arrival shall be obtained prior to takeoff. [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt. 93-25, 37 FR 22794, Oct. 25, 1972; Amdt. 93-44, 46 FR 58049, Nov. 27, 1981; Amdt. 93-46, 49 FR 8244, Mar. 6, 1984] Sec. 93.130 Suspension of allocations. The Administrator may suspend the effectiveness of any allocation prescribed in Sec. 93.123 and the reservation requirements prescribed in Sec. 93.125 if he finds such action to be consistent with the efficient use of the airspace. Such suspension may be terminated whenever the Administrator determines that such action is necessary for the efficient use of the airspace. [Amdt. 93-21, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-21, 35 FR 16636, Oct. 27, 1970; Amdt. 93-27, 38 FR 29464, Oct. 25, 1973] Sec. 93.133 Exceptions. Except as provided in Sec. 93.130, the provisions of Secs. 93.123 and 93.125 do not apply to-- (a) The Newark Airport, Newark, New Jersey; (b) The Kennedy International Airport, New York, New York, except during the hours from 3:00 p.m. through 7:59 p.m., local time; and (c) O'Hare International Airport from 9:15 p.m. to 6:44 a.m., local time. [Doc. No. 24471, Amdt. 93-46, 49 FR 8244, Mar. 6, 1984] Subpart L--[Reserved] Subpart M--Ketchikan International Airport Traffic Rule Source: Docket No. 14687, Amdt. 93-33, 41 FR 14879, Apr. 8, 1976, unless otherwise noted. Sec. 93.151 Applicability. This subpart prescribes special air traffic rules and communications requirements for persons operating aircraft, under VFR-- (a) To, from, or in the vicinity of the Ketchikan International Airport or Ketchikan Harbor. (b) Within the airspace below 3,000 feet MSL within the lateral boundary of the surface area of the Ketchikan Class E airspace regardless of whether that airspace is in effect. [Docket No. 26653, Amdt. No. 93-63, 56 FR 48094, Sept. 23, 1991, as amended at 58 FR 32839, June 14, 1993; Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992; 58 FR 32839, June 14, 1993] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, as amended at 58 FR 32839, June 14, 1993, revised the introductory text of Sec. 93.151 effective September 16, 1993. For the convenience of the user, the superseded text in effect until Sept. 16, 1993, is set forth as follows: Sec. 93.151 Applicability. This subpart prescribes special air traffic rules and communication requirements for persons operating aircraft under VFR-- * * * * * ***************************************************************************** 58 FR 32838, No. 112, June 14, 1993 SUMMARY: This action corrects the Airspace Reclassification final rule that was promulgated on December 17, 1991, by deleting Class B from the airspace areas where the indicated airspeed of aircraft is restricted to 200 knots; by continuing the special communications requirements currently in effect at Ketchikan International Airport, Alaska; and by deleting Class B and Class C airspace areas from the exception for agricultural aircraft operating to and from dispensing areas. The correction is necessary to ensure the operating rules continue as intended on September 16, 1993, the implementation date of Airspace Reclassification. EFFECTIVE DATE: This amendment is effective September 16, 1993. ***************************************************************************** Sec. 93.153 Communications. (a) When the Ketchikan Flight Service Station is in operation, no person may operate an aircraft within the airspace specified in Sec. 93.151, or taxi onto the runway at Ketchikan International Airport, unless that person has established two-way radio communications with the Ketchikan Flight Service Station for the purpose of receiving traffic advisories and continues to monitor the advisory frequency at all times while operating within the specified airspace. (b) When the Ketchikan Flight Service Station is not in operation, no person may operate an aircraft within the airspace specified in Sec. 93.151, or taxi onto the runway at Ketchikan International Airport, unless that person continuously monitors and communicates, as appropriate, on the designated common traffic advisory frequency as follows: (1) For inbound flights. Announces position and intentions when no less than 10 miles from Ketchikan International Airport, and monitors the designated frequency until clear of the movement area on the airport or Ketchikan Harbor. (2) For departing flights. Announces position and intentions prior to taxiing onto the active runway on the airport or onto the movement area of Ketchikan Harbor and monitors the designated frequency until outside the airspace described in Sec. 93.151 and announces position and intentions upon departing that airspace. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, if two-way radio communications failure occurs in flight, a person may operate an aircraft within the airspace specified in Sec. 93.151, and land, if weather conditions are at or above basic VFR weather minimums. [Docket No. 26653, Amdt. No. 93-63, 56 FR 48094, Sept. 23, 1991] ***************************************************************************** 56 FR 48092, No. 184, Sept. 23, 1991 SUMMARY: This action amends the special air traffic rule at Ketchikan, Alaska, by establishing rule applicability in all portions of the Ketchikan Control Zone. The rule formerly excluded certain portions of the airspace below 600 feet mean sea level (MSL). This action also clarifies the original intent of the rule by specifying that pilots must comply with certain traffic advisory and self-announcement procedures while operating in the control zone. The FAA believes that the level of safety provided for aircraft operations in the Ketchikan area will be enhanced by this amendment. EFFECTIVE DATE: October 23, 1991. ***************************************************************************** Sec. 93.155 Aircraft operations. (a) When an advisory is received from the Ketchikan Flight Service Station stating that an aircraft is on final approach to the Ketchikan International Airport, no person may taxi onto the runway of that airport until the approaching aircraft has landed and has cleared the runway. (b) Unless otherwise authorized by ATC, each person operating a large airplane or a turbine engine powered airplane shall-- (1) When approaching to land at the Ketchikan International Airport, maintain an altitude of at least 900 feet MSL until within three miles of the airport; and (2) After takeoff from the Ketchikan International Airport, maintain runway heading until reaching an altitude of 900 feet MSL. Subpart N--[Reserved. Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subpart N (Secs. 93.161 to 93.163) of part 93 effective September 16, 1993. The heading of subpart N in effect until September 16, 1993 reads as follows: Subpart N--Sabre U.S. Army Heliport (Tenn.) Airport Traffic Area ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subpart O--[Reserved. Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subpart O (Secs. 93.171 to 93.175) of part 93 effective September 16, 1993. The heading of subpart O in effect until September 16, 1993 reads as follows: Subpart O--Jacksonville, Florida, Navy Airport Traffic Area Source: Docket No. 15384, Amdt. No. 93-95, 42 FR 47824, Sept. 22, 1977, unless otherwise noted. ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subpart P--[Reserved. Amdt. 93-67, 58 FR 12137, Mar. 2, 1993] ***************************************************************************** 58 FR 12128, No. 39, Mar. 2, 1993 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) by designating additional control areas as offshore airspace areas or en route domestic airspace areas, as appropriate; revising certain additional control areas; including restricted and prohibited areas in the Continental Control Area; eliminating domestic area low routes; eliminating control areas associated with jet routes outside the Continental Control Area; eliminating domestic high altitude reporting points; eliminating certain domestic low altitude reporting points; eliminating the special air traffic rules for Flushing, New York; and replacing the Valparaiso, Florida terminal area and special air traffic rules with the Elgin, Florida Class D airspace areas. These amendments respond to recommendations from the National Airspace Review (NAR) and meet a goal of the Airspace Reclassification final rule--to simplify airspace assignment and use. EFFECTIVE DATES: The amendments to Secs. 71.1 and 71.9 which are currently in effect, become effective April 1, 1993, through September 15, 1993; the removal of Sec. 71.6 becomes effective April 1, 1993; the removal of subpart P of part 93 becomes effective June 20, 1993; the amendments to Secs. 71.1, 71.33 and 71.71 which are effective September 16, 1993, and the removal of Sec. 71.77, become effective September 16, 1993; and the removal of subpart F of part 93 becomes effective December 9, 1993. ***************************************************************************** Subpart Q--[Reserved. Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subpart Q (Secs. 93.195 to 93.199) of part 93 effective September 16, 1993. The heading of subpart Q in effect until September 16, 1993 reads as follows: Subpart Q--Abbotsford, BC, and Sault Ste. Marie, ON: Special Airport Traffic Areas and Air Traffic Rules ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subpart R--[Reserved. Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992] EFFECTIVE DATE NOTE: Amdt. 93-64, 56 FR 65662, Dec. 17, 1991; 57 FR 11575, Apr. 6, 1992, removed and reserved subpart R (Secs. 93.200 to 93.208) of part 93 effective September 16, 1993. The heading of subpart R in effect until September 16, 1993 reads as follows: Subpart R--MCAS El Toro, CA, Special Air Traffic Rules Source: Docket No. 24117, 50 FR 50267, Dec. 9, 1985, unless otherwise noted. ***************************************************************************** 56 FR 65638, No. 242, Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to adopt certain recommendations of the National Airspace Review (NAR) concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1) Simplify airspace designations; (2) achieve international commonality of airspace designations; (3) increase standardization of equipment requirements for operations in various classifications of airspace; (4) describe appropriate pilot certificate requirements, visual flight rules (VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5) satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control (ATC) in certain airspace areas; eliminates airport radar service areas (ARSAs), control zones, and terminal control areas (TCAs) as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20, Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the Director of the Federal Register as of December 17, 1991, through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24) is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. ***************************************************************************** Subpart S--Allocation of Commuter and Air Carrier IFR Operations at High Density Traffic Airports Source: Docket No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, unless otherwise noted. Sec. 93.211 Applicability. (a) This subpart prescribes rules applicable to the allocation and withdrawal of IFR operational authority (takeoffs and landings) to individual air carriers and commuter operators at the High Density Traffic Airports identified in Subpart K of this part except for Newark Airport. (b) This subpart also prescribes rules concerning the transfer of allocated IFR operational authority and the use of that authority once allocated. Sec. 93.213 Definitions and general provisions. (a) For purposes of this subpart-- (1) New entrant carrier means a commuter operator or air carrier which does not hold a slot at a particular airport and has never sold or given up a slot at that airport after December 16, 1985. (2) Slot means the operational authority to conduct one IFR landing or takeoff operation each day during a specific hour or 30 minute period at one of the High Density Traffic Airports, as specified in Subpart K of this part. (3) Summer season means the period of time from the first Sunday in April until the last Sunday in October. (4) Winter season means the period of time from the fourth Sunday in October until the first Sunday in April. (5) Limited incumbent carrier means an air carrier or commuter operator that holds or operates fewer than 12 air carrier or commuter slots, in any combination, at a particular airport, not including international slots, Essential Air Service Program slots, or slots between the hours of 2200 and 0659 at Washington National Airport or LaGuardia Airport. However, for the purposes of this paragraph (a)(5), the carrier is considered to hold the number of slots at that airport that the carrier has, since December 16, 1985: (i) Returned to the FAA; (ii) Had recalled by the FAA under Sec. 93.227(a); or (iii) Transferred to another party other than by trade for one or more slots at the same airport. (b) The definitions specified in Subpart K of this part also apply to this subpart. (c) For purposes of this subpart, if an air carrier, commuter operator, or other person has more than a 50-percent ownership or control of one or more other air carriers, commuter operators, or other persons, they shall be considered to be a single air carrier, commuter operator, or person. In addition, if a single company has more than a 50-percent ownership or control of two or more air carriers and/or commuter operators or any combination thereof, those air carriers and/or commuter operators shall be considered to be a single operator. A single operator may be considered to be both an air carrier and commuter operator for purposes of this subpart. [Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 51 FR 21717, June 13, 1986; Amdt. 93-57, 54 FR 34906, Aug. 22, 1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93-65, 57 FR 37314, Aug. 18, 1992] ***************************************************************************** 57 FR 37308, No. 160, Aug. 18, 1992 SUMMARY: This action amends the Federal Aviation Regulations governing the allocation and transfer of air carrier and commuter operator slots (i.e., instrument flight rules (IFR) takeoff and landing reservations) at Kennedy International Airport, LaGuardia Airport, O'Hare International Airport, and Washington National Airport. This amendment adds a definition of "limited incumbent carrier" to refer to air carriers and commuter operators holding fewer than 12 slots at a high density airport; provides for allocation of slots by lottery to certain new entrant and limited incumbent carriers; restricts the transfer of newly acquired lottery slots and provides for the recall of those slots upon the sale or merger of the limited incumbent slot holder; amends the minimum slot use requirements; amends the slot use reporting requirements; and removes an obsolete penalty provision. This amendment is designed to promote the availability of slots to new entrant and limited incumbent carriers at the high density airports, and thereby enhance competition. EFFECTIVE DATE: November 1, 1992. ***************************************************************************** Sec. 93.215 Initial allocation of slots. (a) Each air carrier and commuter operator holding a permanent slot on December 16, 1985, as evidenced by the records of the air carrier and commuter operator scheduling committees, shall be allocated those slots subject to withdrawal under the provisions of this subpart. The Chief Counsel of the FAA shall be the final decisionmaker for initial allocation determinations. (b) Any permanent slot whose use on December 16, 1985 is divided among different operators, by day of the week, or otherwise, as evidenced by records of the scheduling committees, shall be allocated in conformity with those records. The Chief Counsel of the FAA shall be the final decisionmaker for these determinations. (c) A carrier may permanently designate a slot it holds at Kennedy International Airport as a seasonal slot, to be held by the carrier only during the corresponding season in future years, if it notifies the FAA (at the address specified in Sec. 93.225(e)), in writing, the preceding winter seasons or by October 15 of the preceding year for summer seasons. (d) Within 30 days after December 16, 1985, each U.S. air carrier and commuter operator must notify the office specified in Sec. 93.221(a)(1), in writing, of those slots used for operations described in Sec. 93.217(a)(1) on December 16, 1985. (e) Any slot not held by an operator on December 16, 1985 shall be allocated in accordance with the provisions of Secs.93.217, 93.219 or 93.225 of this subpart. [Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 51 FR 21717, June 13, 1986] Sec. 93.217 Allocation of slots for international operations and applicable limitations. (a) Any air carrier or commuter operator having the authority to conduct international operations shall be provided slots for those operations subject to the following conditions and the other provisions of this section: (1) The slot may be used only for a flight segment in which either the takeoff or landing is at a foreign point or, for foreign operators, the flight segment is a continuation of a flight that begins or ends at a foreign point. Slots may be obtained and used under this section only for operations at Kennedy and O'Hare airports unless otherwise required by bilateral agreement and only for scheduled service unless the requesting carrier qualifies for the slot on the basis of historic seasonal operations, under Sec. 93.217(a)(5). (2) Slots used for an operation described in paragraph (a)(1) of this section may not be bought, sold, leased, or otherwise transferred, except that such a slot may be traded to another slot-holder on a one-for-one basis for a slot at the same airport in a different hour or half-hour period if the trade is for the purpose of conducting such an operation in a different hour or half-hour period. (3) Slots used for operations described in paragraph (a)(1) of this section must be returned to the FAA if the slot will not be used for such operations for more than a 2-week period. (4) Each air carrier or commuter operator having a slot that is used for operations described in paragraph (a)(1) of this section but is not used every day of the week shall notify the office specified in Sec. 93.221(a)(1) in writing of those days on which the slots will not be used. (5) Except as provided in paragraph (a)(10) of this section, at Kennedy and O'Hare Airports, a slot shall be allocated, upon request, for seasonal international 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 preceding year. Requests for such slots must be submitted to the office specified in Sec. 93.221(a)(1) by May 15 for operations to be conducted during the following winter season and by October 15 for the following summer season. For operations during the 1986 summer season, requests under this paragraph must have been submitted to the FAA on or before February 1, 1986. Each carrier requesting a slot under this paragraph must submit its entire international schedule at the relevant airport for the particular season, noting which requests 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 Sec. 93.215 and Sec. 93.217(a)(5)) if a request is submitted to the office specified in Sec. 93.221(a)(1) by May 15 for operations to commence during the following winter season and by October 15 for operations to commence during the following summer season. These slots will be allocated at the time requested unless a slot is available within one hour of the requested time, in which case the unallocated slot will be used to satisfy the request. (7) If required by bilateral agreement, additional slots shall be allocated at LaGuardia Airport for international scheduled passenger operations 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 operations (beyond those operations for which slots have been allocated under Secs. 93.215 and 93.217(a)(5)), if a request is submitted to the office specified in Sec. 93.221(a)(1) by May 15 for operations to commence during the following winter season and by October 15 for operations to commence during the following summer season. In addition, slots may be withdrawn from domestic operations for operations at Kennedy Airport under this paragraph if required by international obligations. (9) In determining the hour in which a slot request under Secs. 93.217(a)(6) and 93.217(a)(8) will be granted, the following will be taken into consideration, among other things: (i) The availability of vacant slot times; (ii) International obligations; (iii) Airport terminal capacity, including facilities and personnel of the U.S. Customs Service and the U.S. Immigration and Naturalization Service; (iv) The extent and regularity of intended 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 result in a total allocation to that carrier under this section that exceeds the number of slots allocated to and scheduled by that carrier under this section on February 23, 1990, 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 available for allocation without withdrawal of a permanent slot from any carrier. (b) If a slot allocated under Sec. 93.215 was scheduled for an operation described in paragraph (a)(1) of this section on December 16, 1985, its use shall be subject to the requirements of paragraphs (a)(1) through (a)(4) of this section. 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 carrier 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 Sec. 93.221(a)(1) and must repeat the certified statements required by paragraph (e) of this section. (d) The Office of the Secretary of Transportation reserves the right not to apply the provisions of this section, concerning the allocation of slots, to any foreign air carrier or commuter operator of a country that provides slots to U.S. air carriers and commuter operators on a basis more restrictive than provided by this subpart. Decisions not to apply the provisions of this section will be made by the Office of the Secretary of Transportation. (e) Each request for slots under this section shall state the airport, days of the week and time of the day of the desired slots and the period of time the slots are to be used. Each request shall identify whether the slot is requested under paragraph (a)(5), (6), or (8) and identify any changes from the previous year if requested under both paragraphs. The request must be accompanied by a certified statement signed by an officer of the operator indicating that the operator has or has contracted for aircraft capable of being utilized in using the slots requested and that the operator has bona fide plans to use the requested slots for operations described in paragraph (a). [Doc. No. 24105, Amdt. 93-52, 51 FR 21717, June 13, 1986, as amended by Amdt. 93-61, 55 FR 53243, Dec. 27, 1990; 56 FR 1059, Jan. 10, 1991] ***************************************************************************** 55 FR 53238, No. 249, Dec. 27, 1990 SUMMARY: This action amends the procedures for allocation of air carrier and commuter operator takeoff and landing slots at O'Hare International Airport, to limit the availability of seasonal international slots at O'Hare Airport for carriers with 100 or more permanent slots. The action responds to a petition by United Airlines to limit the requirement for U.S. carriers to furnish domestic slots for international operations by other carriers. Under the rule adopted, slots generally will be not withdrawn from domestic operators to accommodate international operations by carriers with 100 or more slots at that airport, if the resulting allocation would exceed the schedule operated by each such carrier for the winter 1989-90 season. As a result, each large slot holder at the airport will be required to accommodate new international operations primarily from its own slot base, rather than the domestic slots of other carriers. EFFECTIVE DATE: January 28, 1991. The rule applies to the allocation of slots for flights that will be operated on or after October 27, 1991. ***************************************************************************** Sec. 93.219 Allocation of slots for essential air service operations and applicable limitations. Whenever the Office of the Secretary of Transportation determines that slots are needed for operations to or from a High Density Traffic Airport under the Department of Transportation's Essential Air Service (EAS) Program, those slots shall be provided to the designated air carrier or commuter operator subject to the following limitations: (a) Slots obtained under this section may not be bought, sold, leased or otherwise transferred, except that such slots may be traded for other slots on a one-for-one basis at the same airport. (b) Any slot obtained under this section must be returned to the FAA if it will not be used for EAS purposes for more than a 2-week period. A slot returned under this paragraph may be reallocated to the operator which returned it upon request to the FAA office specified in Sec. 93.221(a)(1) if that slot has not been reallocated to an operator to provide substitute essential air service. (c) Slots shall be allocated for EAS purposes in a time period within 90 minutes of the time period requested. (d) The Department will not honor requests for slots for EAS purposes to a point if the requesting carrier has previously traded away or sold slots it had used or obtained for use in providing essential air service to that point. (e) Slots obtained under Civil Aeronautics Board Order No. 84-11-40 shall be considered to have been obtained under this section. Sec. 93.221 Transfer of slots. (a) Except as otherwise provided in this subpart, effective April 1, 1986, slots may be bought, sold or leased for any consideration and any time period and they may be traded in any combination for slots at the same airport or any other high density traffic airport. Transfers, including leases, shall comply with the following conditions: (1) Requests for confirmation must be submitted in writing to Slot Administration Office, AGC-230, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591, in a format to be prescribed by the Administrator. Requests will provide the names of the transferor and recipient; business address and telephone number of the persons 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 transferor; 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 recipient for international or essential air service operations. After withdrawal priorities have been established under Sec. 93.223 of this part, the requests must include the slot designations of the transferred slots as described in Sec. 93.223(b)(5). (2) The slot transferred must come from the transferor's then-current FAA- approved base. (3) Written evidence of each transferor'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 confirmation 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 Sec. 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 accordance with Sec. 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 incumbent carriers under Sec. 93.221(a)(5)(iii). This transfer restriction shall apply to the same extent to any slot or slots acquired by trading the slot obtained in a lottery. To remove the transfer restriction, documentation of 24 months' continuous 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 returned to the FAA. All use of the lottery slot shall be counted toward fulfilling the minimum use requirements under Sec. 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 transferred to another entrant or limited incumbent carrier after a minimum of 60 days of use by the obtaining carrier. The transfer restrictions of Sec. 93.221(a)(5)(i) shall continue to apply to the slot until documentation of 24 months' continuous use has been submitted and the transfer restriction removed. (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 specified in paragraph (a)(1) of this section and will be made available to the public upon request. (c) Any person may buy or sell slots and any air carrier or commuter may use them. Notwithstanding Sec. 93.123, air carrier slots may be used with aircraft of the kind described in Sec. 93.123 (c)(1) or (c)(2) but commuter slots may only be used with aircraft of the kind described in Sec. 93.0123(c)(2). (d) Air carriers and commuter operators considered to be a single operator under the provisions of Sec. 93.213(c) of this Subpart but operating under separate names shall report transfers of slots between them. (e) Notwithstanding Sec. 93.123(c)(2) of this part, a commuter slot at O'Hare International Airport may be used with an aircraft described in Sec. 93.123(c)(1) of this part on the following conditions: (1) Air carrier aircraft that may be operated under this paragraph are limited to aircraft: (i) Having an actual seating configuration 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 by a slot holder at O'Hare International Airport may be used with aircraft described in paragraph (e)(1) of this section. (3) An air carrier or commuter operator planning to operate an aircraft described in paragraph (e)(1) of this section in a commuter slot shall notify ATC at least 75 days in advance of the planned start date of such operation. The notice shall include the slot number, proposed time of operation, aircraft type, aircraft series, actual aircraft seating configuration, and planned start date. ATC will approve or disapprove the proposed operation no later than 45 days prior to the planned start date. If an operator does not initiate operation of a commuter slot under this section within 30 days of the planned start date first submitted to the FAA, the ATC approval for that operation will expire. That operator may file a new or revised notice for the same half-hour slot time. (4) An operation may not be conducted under paragraph (e)(1) of this section unless a gate is available for that operation without planned waiting time. (5) For the purposes of this paragraph (e), notice to ATC shall be submitted in writing to: Director, Air Traffic System Management, ATM-1, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. [Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 51 FR 21717, June 13, 1986; Amdt. 93-58, 54 FR 39293, Sept. 25, 1989; Doc. No. 26339, Amdt. 93-62, 56 FR 41208, Aug. 19, 1991; Amdt. 93-65, 57 FR 37314, Aug. 18, 1992; Amdt. 93-68, 58 FR 39616, July 23, 1993] ***************************************************************************** 58 FR 39610, No. 140, July 23, 1993 SUMMARY: This action amends the regulations pertaining to the definition and allocation of commuter operator slots (i.e., allocated instrument flight rules takeoff and landing reservations) at O'Hare International Airport (O'Hare). It permits an air carrier to use larger aircraft in up to 50 percent of its commuter slot holdings at O'Hare, expands the category of aircraft that may be used in those slots, removes the restriction on the maximum number of larger aircraft operations in commuter slots per half hour or consecutive half hour periods, and makes permanent the use of the larger aircraft in commuter slots at O'Hare by eliminating the provision that limits the use of larger aircraft to a temporary 2-year trial period. This rule does not increase the number of operations at O'Hare nor direct the enhancement or reduction of air transport services to smaller communities. EFFECTIVE DATE: August 25, 1993. ***************************************************************************** Sec. 93.223 Slot withdrawal. (a) Slots do not represent a property right but represent an operating privilege subject to absolute FAA control. Slots may be withdrawn at any time to fulfill the Department's operational needs, such as providing slots for international or essential air service operations or eliminating slots. Before withdrawing any slots under this section to provide them for international operations, essential air services or other operational needs, those slots returned under Sec. 93.224 of this part and those recalled by the agency under Sec. 93.227 will be allocated. (b) Separate slot pools shall be established for air carriers and commuter operators at each airport. The FAA shall assign, by random lottery, withdrawal priority numbers for the recall priority of slots at each airport. Each additional permanent slot, if any, will be assigned the next higher number for air carrier or commuter slots, as appropriate, at each airport. Each slot shall be assigned a designation consisting of the applicable withdrawal priority number; the airport code; a code indicating whether the slot is an air carrier or commuter operator slot; and the time period of the slot. The designation shall also indicate, as appropriate, if the slot is daily or for certain days of the week only; is limited to arrivals or departures; is allocated for international operations or for EAS purposes; and, at Kennedy International Airport, is a summer or winter slot. (c) Whenever slots must be withdrawn, they will be withdrawn in accordance with the priority list established under paragraph (b) of this section, except: (1) Slots obtained in a lottery held pursuant to Sec. 93.225 of this part shall be subject to withdrawal pursuant to paragraph (i) of that section, and (2) Slots necessary for international and essential air service operations shall be exempt from withdrawal for use for other international or essential air service operations. (3) Except as provided in Sec. 93.227(a), the FAA shall not withdraw slots held at an airport by an air carrier or commuter operator holding and operating 12 or fewer slots at that airport (excluding slots used for operations described in Sec. 93.212(a)(1)), if withdrawal would reduce the number of slots held below the number of slots operated. (d) The following withdrawal priority rule shall be used to permit application of the one-for-one trade provisions for international and essential air service slots and the slot withdrawal provisions where the slots are needed for other than international or essential air service operations. If an operator has more than one slot in a specific time period in which it also has a slot being used for international or essential air service operations, the international and essential air service slots will be considered to be those with the lowest withdrawal priority. (e) The operator(s) using each slot to be withdrawn shall be notified by the FAA of the withdrawal and shall cease operations using that slot on the date indicated in the notice. Generally, the FAA will provide at least 30 days after notification for the operator to cease operations unless exigencies require a shorter time period. (f) For 24 months following a lottery held after June 1, 1991, a slot acquired in that lottery shall be withdrawn by the FAA upon the sale, merger, or acquisition of more than 50 percent ownership or control of the carrier using that slot or one acquired by trade of that slot, if the resulting total of slots held or operated at the airport by the surviving entity would exceed 12 slots. [Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 51 FR 21718, June 13, 1986; Amdt. 93-57, 54 FR 34906, Aug. 22, 1989; Amdt. 93-65, 57 FR 37314, Aug. 18, 1992] ***************************************************************************** 57 FR 37308, No. 160, Aug. 18, 1992 SUMMARY: This action amends the Federal Aviation Regulations governing the allocation and transfer of air carrier and commuter operator slots (i.e., instrument flight rules (IFR) takeoff and landing reservations) at Kennedy International Airport, LaGuardia Airport, O'Hare International Airport, and Washington National Airport. This amendment adds a definition of "limited incumbent carrier" to refer to air carriers and commuter operators holding fewer than 12 slots at a high density airport; provides for allocation of slots by lottery to certain new entrant and limited incumbent carriers; restricts the transfer of newly acquired lottery slots and provides for the recall of those slots upon the sale or merger of the limited incumbent slot holder; amends the minimum slot use requirements; amends the slot use reporting requirements; and removes an obsolete penalty provision. This amendment is designed to promote the availability of slots to new entrant and limited incumbent carriers at the high density airports, and thereby enhance competition. EFFECTIVE DATE: November 1, 1992. ***************************************************************************** Sec. 93.224 Return of slots. (a) Whenever a slot is required to be returned under this subpart, the holder must notify the office specified in Sec. 93.221(a)(1) in writing of the date after which the slot will not be used. (b) Slots may be voluntarily returned for use by other operators by notifying the office specified in Sec. 93.221(a)(1) in writing. Sec. 93.225 Lottery of available slots. (a) Whenever the FAA determines that sufficient slots have become available for distribution for purposes other than international or essential air service operations, but generally not more than twice a year, they shall be allocated in accordance with the provisions of this section. (b) A random lottery shall be held to determine the order of slot selection. (c) Slot allocation lotteries shall be held on an airport-by-airport basis with separate lotteries for air carrier and commuter operator slots. The slots to be allocated in each lottery will be each unallocated slot not necessary for international or Essential Air Service Program operations, including any slot created by an increase in the operating limits set forth in Sec. 93.123(a). (d) The FAA shall publish a notice in the Federal Register announcing any lottery dates. The notice may include special procedures to be in effect for the lotteries. (e) Participation in a lottery is open to each U.S. air carrier or commuter operator operating at the airport and providing scheduled passenger service at the airport. Any U.S. carrier that is not operating scheduled service at the airport and has not failed to operate slots obtained in the previous lottery, or slots traded for those obtained by lottery, but wishes to initiate scheduled passenger service at the airport, shall be included in the lottery if that operator notifies, in writing, the Slot Administration Office, AGC-230, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. The notification must be received 15 days prior to the lottery date and state whether there is any common ownership or control of, by, or with any other air carrier or commuter operator as defined in Sec. 93.213(c). New entrant and limited incumbent carriers will be permitted to complete their selections before participation by other incumbent carriers is initiated. (f) At the lottery, each operator must make its selection within 5 minutes after being called or it shall lose its turn. If capacity still remains after each operator has had an opportunity to select slots, the allocation sequence will be repeated in the same order. An operator may select any two slots available at the airport during each sequence, except that new entrant carriers may select four slots, if available, in the first sequence. (g) To select slots during a slot lottery session, a carrier must have appropriate economic authority for scheduled passenger service under Title IV of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1371 et seq.), and must hold FAA operating authority under part 121 or part 135 of this chapter as appropriate for the slots the operator seeks to select. (h) During the first selection sequence, 25 percent of the slots available but no less than two slots shall be reserved for selection by new entrant carriers. If new entrant carriers do not select all of the slots set aside for new entrant carriers, limited incumbent carriers may select the remaining slots. If every participating new entrant carrier and limited incumbent carrier has ceased selection of available slots or has obtained 12 slots at that airport, other incumbent carriers may participate in selecting the remaining slots; however, slots selected 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 Sec. 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, Amdt. 93-49, 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] ***************************************************************************** 57 FR 37308, No. 160, Aug. 18, 1992 SUMMARY: This action amends the Federal Aviation Regulations governing the allocation and transfer of air carrier and commuter operator slots (i.e., instrument flight rules (IFR) takeoff and landing reservations) at Kennedy International Airport, LaGuardia Airport, O'Hare International Airport, and Washington National Airport. This amendment adds a definition of "limited incumbent carrier" to refer to air carriers and commuter operators holding fewer than 12 slots at a high density airport; provides for allocation of slots by lottery to certain new entrant and limited incumbent carriers; restricts the transfer of newly acquired lottery slots and provides for the recall of those slots upon the sale or merger of the limited incumbent slot holder; amends the minimum slot use requirements; amends the slot use reporting requirements; and removes an obsolete penalty provision. This amendment is designed to promote the availability of slots to new entrant and limited incumbent carriers at the high density airports, and thereby enhance competition. EFFECTIVE DATE: November 1, 1992. ***************************************************************************** Sec. 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 Sec. 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, Amdt. 93-52, 51 FR 21718, June 13, 1986] Sec. 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 Sec. 93.225 of this part during: (i) The first 90 days after they are allocated to a new entrant carrier; or (ii) 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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. [Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 51 FR 21718, June 13, 1986; Amdt. 93-65, 57 FR 37315, Aug. 18, 1992; Amdt. 93-71, 59 FR 58771, Nov. 15, 1994] ***************************************************************************** 59 FR 58770, No. 219, Nov. 15, 1994 SUMMARY: This action amends the Federal Aviation Regulations pertaining to the slot use and loss provisions for air carrier and commuter operator slots (i.e., instrument flight rules (IFR) takeoff and landing reservations) at John F. Kennedy International Airport (JFK), LaGuardia Airport, O'Hare International Airport (O'Hare), and Washington National Airport. This action codifies the agency's historical practice of treating as used any slot held but not actually operated on Thanksgiving Day, the Friday following Thanksgiving Day, and the period from December 24 through the first Saturday in January. The amendment will permit carriers and commuters to choose which flights to operate at any of the High Density Rule airports during certain days of the winter holiday season without jeopardizing the status of the slots under the "use or lose" requirement. EFFECTIVE DATE: November 15, 1994. ***************************************************************************** Sec. 93.229 [Removed. Amdt. 93-65, 57 FR 37315, Aug. 18, 1992] ***************************************************************************** 57 FR 37308, No. 160, Aug. 18, 1992 SUMMARY: This action amends the Federal Aviation Regulations governing the allocation and transfer of air carrier and commuter operator slots (i.e., instrument flight rules (IFR) takeoff and landing reservations) at Kennedy International Airport, LaGuardia Airport, O'Hare International Airport, and Washington National Airport. This amendment adds a definition of "limited incumbent carrier" to refer to air carriers and commuter operators holding fewer than 12 slots at a high density airport; provides for allocation of slots by lottery to certain new entrant and limited incumbent carriers; restricts the transfer of newly acquired lottery slots and provides for the recall of those slots upon the sale or merger of the limited incumbent slot holder; amends the minimum slot use requirements; amends the slot use reporting requirements; and removes an obsolete penalty provision. This amendment is designed to promote the availability of slots to new entrant and limited incumbent carriers at the high density airports, and thereby enhance competition. EFFECTIVE DATE: November 1, 1992. ***************************************************************************** Subpart T--Washington National Airport Traffic Rules Source: Docket No. 25143, Amdt. 93-54, 51 FR 43587, Dec. 3, 1986, unless otherwise noted. Sec. 93.251 Applicability. This subpart prescribes rules applicable to the operation of aircraft to or from Washington National Airport. Sec. 93.253 Nonstop operations. No person may operate an aircraft nonstop in air transportation between Washington National Airport and another airport that is more than 1,250 miles away from Washington National Airport. Appendix A I. Anchorage Airport Traffic Area; Traffic Patterns [ ...Illustration appears here... ] [Doc. No. 1580, Amdt. 1-1, 28 FR 6717, June 29, 1963, as amended by Amdt. 93- 29, 39 FR 32552, Sept. 9, 1974] Appendix B to Part 93--[Removed. Amdt. 93-68, 58 FR 39616, July 23, 1993] ***************************************************************************** 58 FR 39610, No. 140, July 23, 1993 SUMMARY: This action amends the regulations pertaining to the definition and allocation of commuter operator slots (i.e., allocated instrument flight rules takeoff and landing reservations) at O'Hare International Airport (O'Hare). It permits an air carrier to use larger aircraft in up to 50 percent of its commuter slot holdings at O'Hare, expands the category of aircraft that may be used in those slots, removes the restriction on the maximum number of larger aircraft operations in commuter slots per half hour or consecutive half hour periods, and makes permanent the use of the larger aircraft in commuter slots at O'Hare by eliminating the provision that limits the use of larger aircraft to a temporary 2-year trial period. This rule does not increase the number of operations at O'Hare nor direct the enhancement or reduction of air transport services to smaller communities. EFFECTIVE DATE: August 25, 1993. *****************************************************************************