49 U.S.C. § 41716 — Interim slot rules at New York airports

submitted 26 years ago by Pub. L. 106-181 to r/title-49-TRANSPORTATION · 576 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must grant slot exemptions at LaGuardia and JFK for carriers offering new or expanded small-plane service to smaller airports. New-entrant and limited-incumbent carriers also get exemptions there, and certain existing routes cannot be dropped before mid-2003 without meeting specific conditions.

(a) Exemptions for Air Service to Small and Nonhub Airports — Subject to the 60-day process in section 41714(i), the Secretary must grant, by order, slot exemptions at LaGuardia or JFK for nonstop flights, on aircraft seating fewer than 71 people, to a small hub or nonhub airport, if: (1) the carrier was not flying that route during the week of November 1, 1999; (2) the carrier wants to fly more flights on that route in any week than it did that week; or (3) the flights will use a regional jet to replace turboprop service that existed that week. (b) Exemptions for New Entrant and Limited Incumbent Air Carriers — The Secretary must also grant slot exemptions at LaGuardia or JFK to new-entrant or limited-incumbent air carriers, as long as the exemptions, added to the slots and exemptions the carrier already holds at that airport, do not exceed 20. An exception lets the Secretary grant up to 4 extra LaGuardia exemptions to a carrier that held 20 to 28 slots there as of October 1, 2004, for service to a small hub or nonhub airport. (c) Stage 3 Aircraft Required — No exemption under this section may cover an aircraft that is not a Stage 3 aircraft, as the Secretary defines that term. (d) Preservation of Certain Existing Slot-Related Air Service — A carrier already flying passengers from LaGuardia or JFK to a small hub airport, a nonhub airport, or an even smaller airport, under one of these exemptions or under slots issued on condition of serving a specific airport, generally cannot end that route before July 1, 2003. The exceptions are: (1) the carrier gave the Secretary written notice of ending the route before October 1, 1999; or (2) the carrier later gives notice under section 41719, and the Secretary finds the carrier suffered excessive losses on that route, including substantial losses in three of the four quarters right before the notice.

the actual law source: uscode.house.gov ↗public domain

(a)Exemptions for Air Service to Small and Nonhub Airports.—

Subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between LaGuardia Airport or John F. Kennedy International Airport and a small hub airport or nonhub airport—

(1)

if the air carrier was not providing such air transportation during the week of November 1, 1999;

(2)

if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or

(3)

if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.

(b)Exemptions for New Entrant and Limited Incumbent Air Carriers.—

Subject to section 41714(i), the Secretary shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John F. Kennedy International Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added to the slots and slot exemptions held by such air carrier with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport.

(c)Stage 3 Aircraft Required.—

An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).

(d)Preservation of Certain Existing Slot-Related Air Service.—

An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation for that route before July 1, 2003, unless—

(1)

before October 1, 1999, the Secretary received a written air service termination notice for that route; or

(2)

after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice.

Source credit: (Added Pub. L. 106–181, title II, § 231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, § 199, Dec. 8, 2004, 118 Stat. 3235.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-181 · 114 Stat. 109
2004Amended · Pub. L. 108-447 · 118 Stat. 3235

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-181 on 2000-04-05.

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