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 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
------------------------------------------------------------------------
                                                                 Ronald
                              LaGuardia               O'Hare     Reagan
        Class of user          \4\, \5\    Newark   \2\, \3\,   National
                                                       \5\        \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.
\5\ Pursuant to bilateral agreement, 14 slots at LaGuardia and 24 slots
  at O'Hare are allocated to the Canadian carriers. These slots are
  excluded from the hourly quotas set forth in  93.123 above.

(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 93.221(e) of this part pursuant to the requirements of 93.221(e).

[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; Amdt. 93-62, 56 FR 41207, Aug. 19, 1991; Amdt. 93-78, 64 FR 53564, Oct. 1, 1999]