49 U.S.C. § 41717 — Interim application of slot rules at Chicago O’Hare International Airport

submitted 26 years ago by Pub. L. 106-181 to r/title-49-TRANSPORTATION · 898 words · no verdicts yet

in plain englishAI-generated · not legal advice

Special interim slot rules apply at Chicago O'Hare, including a narrowed daily window when the normal slot limits do not apply, and required exemptions for small-airport and new-entrant service. International flights at O'Hare are generally freed from slot limits too, unless a foreign country denies U.S. carriers similar access.

(a) Slot Operating Window Narrowed — Starting July 1, 2001, the usual slot rules do not apply to O'Hare flights operating before 2:45 p.m. or after 8:14 p.m. (b) Exemptions for Air Service to Small and Nonhub Airports — Starting May 1, 2000, subject to section 41714(i), the Secretary must grant O'Hare slot exemptions for nonstop flights, on aircraft seating fewer than 71 people, to a small hub or nonhub airport, under the same three conditions as section 41716(a): a new route, more flights than during the week of November 1, 1999, or a regional jet replacing turboprop service from that week. (c) Exemptions for New Entrant and Limited Incumbent Air Carriers — (1) The Secretary must grant 30 O'Hare slot exemptions to new-entrant or limited-incumbent carriers. (2) The Secretary must grant a qualifying request within 45 days of receiving it. (d) Slots Used To Provide Turboprop Service — (1) Once a slot is used to replace turboprop service with a regional jet under subsection (b)(3), that slot generally cannot be used for anything else, sold, leased, or transferred afterward. (2) An exception lets a carrier use one of two such slots, if the rule in (1) would otherwise leave it unable to use either. (3) If the carrier stops providing that replacement service, the Secretary must withdraw the slot. (4) If the carrier instead uses a different regional jet to replace the turboprop service, the Secretary withdraws the specific slot used under (2), but lets the carrier keep the underlying exemption granted under (b)(3). (e) International Service at O'Hare Airport — (1) Subject to paragraph (2), the slot rules stop applying to international flights at O'Hare after May 1, 2000. (2) Exception: the Secretary may limit a foreign carrier's access to O'Hare for international service, if that carrier's home country does not give U.S. carriers reciprocal access to its own airports. (f) Stage 3 Aircraft Required — Exemptions under this section may only cover Stage 3 aircraft. (g) Preservation of Certain Existing Slot-Related Air Service — A carrier already flying passengers from O'Hare to a small hub, nonhub, or smaller airport under such an exemption, or under slots conditioned on serving a specific airport, generally cannot end that route for one year after the slot rules stop applying to O'Hare. The exceptions are: (1) the carrier gave written notice before October 1, 1999; or (2) the carrier later gives notice under section 41719, and the Secretary finds the carrier suffered excessive losses, including substantial losses, in the calendar quarters right before the notice.

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

(a)Slot Operating Window Narrowed.—

Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O’Hare International Airport.

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

Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions 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), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago O’Hare International Airport and a small hub 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.

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

(1)In general.—

The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O’Hare International Airport.

(2)Deadline for granting exemptions.—

The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.

(d)Slots Used To Provide Turboprop Service.—

(1)In general.—

Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.

(2)Two-for-one exception.—

An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.

(3)Withdrawal of slot.—

(4)Continuation.—

If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).

(e)International Service at O’Hare Airport.—

(1)Termination of requirements.—

Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O’Hare International Airport after May 1, 2000, with respect to any aircraft providing foreign air transportation.

(2)Exception relating to reciprocity.—

The Secretary may limit access to Chicago O’Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.

(f)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).

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

An air carrier that provides air transportation of passengers from Chicago O’Hare 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 service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport 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 the calendar quarters immediately preceding submission of the notice.

Source credit: (Added Pub. L. 106–181, title II, § 231(d)(1), Apr. 5, 2000, 114 Stat. 110.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-181 · 114 Stat. 110

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

all 0 arguments · sorted by: best

no arguments yet — make the first case