(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.
(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 §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 §93.29. Any remaining Arrival Authorizations will be assigned by preferred lottery under §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]