[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: 14CFR93.29]

[Page 640-641]
 
                     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.  93.29  International Arrival Authorizations.

    (a) Except as otherwise provided in paragraph (d) of this section, 
the FAA shall make an initial assignment of Arrival Authorizations to 
U.S. and Canadian carriers arriving from a foreign point, excluding 
Canada, or any other foreign carrier arriving from a foreign point or 
the continuation of a flight that begins at a foreign point for the 
winter and summer scheduling seasons as follows. This section does not 
apply to arrivals at O'Hare from Canada by U.S. or Canadian air 
carriers.
    (1) Winter Scheduling Season. Upon request, the FAA shall assign to 
each Carrier that published a scheduled arrival during the Winter 2006 
Scheduling Season, as evidenced by the FAA's records, a corresponding 
Arrival Authorization for the Winter 2007 Scheduling Season.
    (2) Summer Scheduling Season. Upon request, the FAA shall assign to 
each Carrier that published a scheduled arrival for the Summer 2006 
Scheduling Season, as evidenced by the FAA's records, a corresponding 
Arrival Authorization for the Summer 2007 Scheduling Season.
    (3) Arrival Authorizations will be assigned to the Carrier that 
actually operated the flight regardless of any codeshare or marketing 
arrangement unless the flight was predominately marketed, by contract, 
under the control of another Carrier. If the flight was under the 
marketing control of another Carrier or the entire inventory was under 
the control of another Carrier, the FAA shall assign the Arrival 
Authorization to that Carrier.
    (4) The FAA Vice President, System Operations Services, is the final 
decision-maker for determinations under this subsection.
    (b) Notwithstanding the limit on Arrival Authorization in Sec.  
93.23(a), any U.S. or Canadian air carrier arriving at O'Hare from a 
foreign point, excluding Canada, shall be assigned an Arrival 
Authorization under this section for that flight.
    (c) Notwithstanding the limit on Arrival Authorizations in Sec.  
93.23(a), any non-Canadian, foreign air carrier conducting scheduled 
service and arriving at O'Hare shall be assigned an Arrival 
Authorization under this section for that flight.
    (d) The Department of Transportation reserves the right to withhold 
the assignment of an Arrival Authorization to any foreign air carrier of 
a country that does not provide equivalent rights of access to its 
airports for U.S. air carriers, as determined by the Secretary of 
Transportation.
    (e) For each scheduling season, Carriers must request Arrival 
Authorizations under this section in accordance with the procedures 
announced by the FAA in the Federal Register. A Carrier may request to 
operate more flights from foreign points than the

[[Page 641]]

number for which it received Arrival Authorizations under Sec.  93.29(a) 
or to operate historic arrivals in a different half-hour than initially 
assigned for the previous corresponding scheduling season. The Arrival 
Authorizations will be assigned at the time requested unless:
    (1) An Arrival Authorization is available within one hour of the 
requested time, in which case, the unassigned Arrival Authorization will 
be used to satisfy the request; or
    (2) Operational efficiencies support assignment within one hour of 
the requested period. The FAA Vice President, System Operations 
Services, is the final decision-maker for determinations under this 
subsection.
    (f) Each request for Arrival Authorizations under this section shall 
specify the complete flight information including the carrier 
identifier, flight number, complete flight itinerary, frequency, 
scheduled arrival time, aircraft and service type, effective dates and 
whether the Arrival Authorization is for a new or historic flight.
    (g) Arrival Authorizations assigned under this section cannot be 
bought, sold, leased or transferred under Sec.  93.27 but subject to FAA 
approval may be traded on a one-for-one basis under Sec.  93.28 to meet 
the Carrier's operational needs.
    (h) Arrival Authorizations assigned under this section are not 
subject to minimum usage requirements of Sec.  93.31 of this subpart but 
will revert to the FAA if not used for 15 consecutive days. Arrival 
Authorizations assigned under this section may only be used for a flight 
arriving from a foreign point or for non-Canadian, foreign air carriers, 
the continuation of a flight that begins at a foreign point.