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U.S. Code as of:
01/19/04
Section 41716. Interim slot rules at New York airports
(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.
(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.
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