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
The Secretary must grant specified slot exemptions for smaller-airport service from New York airports and for new entrants and limited incumbents, subject to capacity, aircraft, and route-preservation rules.
(a) Subject to section 41714(i), the Secretary must grant exemptions from the slot rules to any carrier providing nonstop service, in an aircraft seating fewer than 71, between LaGuardia or John F. Kennedy and a small-hub or nonhub airport if: (1) it did not provide that service during the week of November 1, 1999; (2) its weekly flights will exceed its number that week; or (3) a regional jet replaces turboprop service provided that week. (b) Subject to section 41714(i), the Secretary must grant exemptions to a new entrant or limited incumbent for service to or from either airport if its exemptions plus slots do not exceed 20. At LaGuardia, up to four more may be granted to an incumbent that had 20–28 slots on October 1, 2004, for service to a small-hub or nonhub airport. (c) Every aircraft covered must be Stage 3 as the Secretary defines it. (d) A carrier providing, on or before enactment, service from either airport to a small-hub, nonhub, or smaller airport under an exemption or conditioned slot may not end that route before July 1, 2003, unless the Secretary had a written termination notice before October 1, 1999, or, after September 30, 1999, receives a section 41719 notice and finds excessive losses, including substantial losses in three quarters of the preceding year.
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—
if the air carrier was not providing such air transportation during the week of November 1, 1999;
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
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.
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.
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).
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—
before October 1, 1999, the Secretary received a written air service termination notice for that route; or
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.)
- 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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