(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
(b) A random lottery shall be held to determine the order of slot
(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 §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, as well as where provided for by
bilateral agreement. Any U.S. carrier, or foreign air carrier where
provided for by bilateral agreement, 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 §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
(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 §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.