§ 93.39 - Initial assignment of slots.

(a) Except as provided for under paragraphs (b) and (c) of this section, any carrier allocated operating rights under the Order, Operating Limitations at New York LaGuardia Airport, during the week of September 28-October 4, 2008, as evidenced by the FAA's records, will be assigned corresponding slots in 30-minute periods consistent with the limits under § 93.37(b). If necessary, the FAA may utilize administrative measures such as voluntary measures or a lottery to re-time the assigned slots within the same hour to meet the 30-minute limits under § 93.37(b). The FAA Vice President, System Operations Services, is the final decision-maker for determinations under this section.

(b) If a carrier was allocated operating rights under the Order Limiting Operations at LaGuardia Airport during the week of September 28-October 4, 2008, but the operating rights were held by another carrier regularly conducting operations at the airport as of that week, then the corresponding slots will be assigned to the carrier that held the operating rights for that period, as evidenced by the FAA's records.

(c)(1) In accordance with the schedule published under § 93.38(b)(4),

(i) Twenty-four (24) limited slots shall revert to the FAA on January 8, 2009 and be auctioned as unrestricted slots by the FAA.

(ii) Every year thereafter, twenty-two (22) limited slots shall revert to the FAA and be auctioned as unrestricted slots by the FAA.

(2) Any slot receiving no responsive bids will be retired until the next auction.

(3) An affected carrier will be allowed to use the limited slot until the following second Sunday in March.

(d) On March 8, 2009, the FAA will retire 64 of the limited slots returned to the FAA under § 93.38(b).