[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR93.25]

[Page 637-638]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 93_SPECIAL AIR TRAFFIC RULES--Table of Contents
 
Subpart B_Congestion and Delay Reduction at Chicago O'Hare International 
                                 Airport
 
Sec.  93.25  Initial assignment of Arrival Authorizations to U.S. and 
Canadian air carriers for domestic and U.S./Canada transborder service.

    (a) The FAA shall assign to each U.S. and Canadian air carrier, 
conducting scheduled service at O'Hare, as of the effective date of this 
rule, Arrival Authorizations for each scheduled arrival that it 
published for either domestic or U.S./Canada transborder service for any 
day during the 7-day period of November 1 through 7, 2004, as evidenced 
by the FAA's records, not to exceed the peak-day limits for each carrier 
established under the August 18, 2004, ``Order Limiting Scheduled 
Operations at O'Hare International Airport.'' A carrier's total 
assignment under this paragraph shall be reduced accordingly by (i) any 
international Arrival Authorizations assigned under Sec.  93.29 (a), and 
(ii) if the carrier transferred or traded for consideration any arrival 
authorizations to another carrier under the October 2006 order amending 
the August 18, 2004 order and the transferee carrier meets the 
conditions of paragraph (b) of this section, the number of such traded 
or transferred authorizations.
    (b) The FAA shall assign an Arrival Authorization to each U.S. and 
Canadian air carrier that did not publish a scheduled domestic or U.S./
Canada transborder arrival during the period of time referenced in 
paragraph (a) of this section for arrivals for which the carrier:
    (1) Was entitled to under the August 18, 2004, ``Order Limiting 
Scheduled Operations at O'Hare International Airport,'' as amended, and 
is conducting scheduled service at O'Hare as of the effective date of 
this rule; or
    (2) Has initiated scheduled service or received FAA approval of a 
trade or transfer under the August 18, 2004, ``Order Limiting Scheduled 
Operations at O'Hare International Airport,'' as amended, as long as 
operations conducted under the Arrival Authorization begin no later than 
January 27, 2007.

[[Page 638]]

    (c) Arrival Authorizations will be assigned to the U.S. or Canadian 
air carrier that actually operated the flight regardless of any 
codeshare or marketing arrangement unless such carrier did not market 
the flight under its own code and the inventory of the flight was under 
the control of another Carrier. If the inventory was under the control 
of another Carrier, the FAA shall assign the Arrival Authorization to 
that Carrier. Carriers may subsequently transfer Arrival Authorizations 
for use by other Carriers under their marketing control in accordance 
with Sec.  93.2(m).
    (d) Any Arrival Authorization not assigned under paragraphs (a) or 
(b) of this section will be assigned to carriers conducting scheduled 
international service under Sec.  93.29. Any remaining Arrival 
Authorizations will be assigned by preferred lottery under Sec.  93.30.
    (e) The FAA Vice President, System Operations Services, is the final 
decision-maker for determinations under this section.

[Doc. No. FAA-2005-20704, 71 FR 51400, Aug. 29, 2006, as amended by 
Amdt. 93-86, 71 FR 60426, Oct. 13, 2006]