I

106TH CONGRESS

1ST SESSION H. R. 1738

To amend title 49, United States Code, to provide slot exemptions for nonstop

regional jet service, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1999

Mr. WAMP introduced the following bill; which was referred to the Committee

on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to provide slot exemptions for nonstop regional jet service, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SLOT EXEMPTIONS FOR NONSTOP REGIONAL

4 JET SERVICE.

5 (a) IN GENERAL.—Subchapter I of chapter 417 of

6 title 49, United States Code, is amended by adding at the

7 end the following:
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1 ‘‘§ 41717. Slot exemptions for nonstop regional jet

2 service

3 ‘‘(a) IN GENERAL.—Within 90 days after receiving

4 a joint application from an air carrier and a community

5 primarily served by a small hub airport or a nonhub air6 port (as such terms are defined in section 41731(a)) for

7 an exemption to provide nonstop regional jet air service

8 between—

9 ‘‘(1) the small hub airport or nonhub airport;

10 and

11 ‘‘(2) a high density airport (as such term is de12 fined in section 41715), the Secretary of Transpor13 tation shall grant the exemption.

14 ‘‘(b) APPLICATION MAY BE DENIED FOR SAFETY OR

15 ENVIRONMENTAL REASONS.—Notwithstanding subsection

16 (a), the Secretary shall not grant an exemption requested

17 under subsection (a) if—

18 ‘‘(1) granting the exemption would not be in ac19 cordance with established principles of safety; or

20 ‘‘(2) the exemption would violate the National

21 Environmental Policy Act of 1969 (42 U.S.C. 4331

22 et seq.).

23 ‘‘(c) CONDITIONS.—The Secretary may grant an ex24 emption to an air carrier under subsection (a)—

25 ‘‘(1) for a period of not less than 12 months;
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1 ‘‘(2) for a minimum of 2 daily roundtrip flights;

2 and

3 ‘‘(3) for a maximum of 4 daily roundtrip

4 flights.

5 ‘‘(d) FORFEITURE FOR MISUSE.—Any exemption

6 granted under subsection (a) shall be terminated imme7 diately by the Secretary if the air carrier to which it was

8 granted uses the slot for any purpose other than the pur9 pose for which it was granted or in violation of the condi10 tions under which it was granted.

11 ‘‘(e) PRIORITY TO NEW ENTRANTS AND LIMITED IN12 CUMBENT CARRIERS.—

13 ‘‘(1) IN GENERAL.—In granting slot exemptions

14 under this section the Secretary shall give priority

15 consideration to an application from an air carrier

16 that, as of July 1, 1998, operated or held fewer than

17 20 slots or slot exemptions at the high density air18 port for which it filed an exemption application.

19 ‘‘(2) LIMITATION.—No priority may be given

20 under paragraph (1) to an air carrier that, at the

21 time of application, operates or holds 20 or more

22 slots and slot exemptions at the airport for which

23 the exemption application is filed.

24 ‘‘(3) AFFILIATED CARRIERS.—The Secretary

25 shall treat all commuter air carriers that have coop-
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1 erative agreements including code-share agreements,

2 with other air carriers equally for determining eligi3 bility for exemptions under this section regardless of

4 the form of the corporate relationship between the

5 commuter air carrier and the other air carrier.

6 ‘‘(f) STAGE 3 AIRCRAFT REQUIRED.—An exemption

7 may not be granted under this section with respect to any

8 aircraft that is not a Stage 3 aircraft (as defined by the

9 Secretary).

10 ‘‘(g) REGIONAL JET DEFINED.—In this section, the

11 term ‘regional jet’ means a passenger, turbofan-powered

12 aircraft carrying not fewer than 30 and not more than

13 50 passengers.

14 ‘‘(h) PREEMPTION.—If the provisions of this section

15 conflict with any other provision of law or regulation pre16 scribed thereunder which a limitation is imposed on the

17 number of slots available at any airport, then the provi18 sions of this section shall take precedence.’’.

19 (b) CONFORMING AMENDMENTS.—

20 (1) LIMITED INCUMBENT AIR CARRIER DE21 FINED.—Section 40102 of title 49, United States

22 Code, is amended by inserting after paragraph (28)

23 the following:

24 ‘‘(28A) LIMITED INCUMBENT AIR CARRIER.—

25 The term ‘limited incumbent air carrier’ has the
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1 meaning given that term in subpart S of part 93 of

2 title 14, Code of Federal Regulations; except that

3 ‘20’ shall be substituted for ‘12’ in sections

4 93.213(a)(5), 93.223(c)(32), and 93.226(h) as such

5 sections were in effect on August 1, 1998.’’.

6 (2) CHAPTER ANALYSIS.—The analysis for

7 chapter 417 of such title is amended by inserting

8 after the item relating to section 41716 the fol9 lowing:

‘‘41717. Slot exemptions for nonstop regional jet services.’’.

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