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 ex-
emptions for nonstop regional jet service, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SLOT EXEMPTIONS FOR NONSTOP REGIONAL
JET SERVICE.
(a) IN GENERAL.—Subchapter I of chapter 417 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 41717. Slot exemptions for nonstop regional jet
service
‘‘(a) IN GENERAL.—Within 90 days after receiving
a joint application from an air carrier and a community
primarily served by a small hub airport or a nonhub air-
port (as such terms are defined in section 41731(a)) for
an exemption to provide nonstop regional jet air service
between—
‘‘(1) the small hub airport or nonhub airport;
and
‘‘(2) a high density airport (as such term is de-
fined in section 41715), the Secretary of Transpor-
tation shall grant the exemption.
‘‘(b) APPLICATION MAY BE DENIED FOR SAFETY OR
ENVIRONMENTAL REASONS.—Notwithstanding subsection
(a), the Secretary shall not grant an exemption requested
under subsection (a) if—
‘‘(1) granting the exemption would not be in ac-
cordance with established principles of safety; or
‘‘(2) the exemption would violate the National
Environmental Policy Act of 1969 (42 U.S.C. 4331
et seq.).
‘‘(c) CONDITIONS.—The Secretary may grant an ex-
emption to an air carrier under subsection (a)—
‘‘(1) for a period of not less than 12 months;
‘‘(2) for a minimum of 2 daily roundtrip flights;
and
‘‘(3) for a maximum of 4 daily roundtrip
flights.
‘‘(d) FORFEITURE
FOR MISUSE.—Any exemption
granted under subsection (a) shall be terminated imme-
diately by the Secretary if the air carrier to which it was
granted uses the slot for any purpose other than the pur-
pose for which it was granted or in violation of the condi-
tions under which it was granted.
‘‘(e) PRIORITY TO NEW ENTRANTS AND LIMITED IN-
CUMBENT CARRIERS.—
‘‘(1) IN GENERAL.—In granting slot exemptions
under this section the Secretary shall give priority
consideration to an application from an air carrier
that, as of July 1, 1998, operated or held fewer than
20 slots or slot exemptions at the high density air-
port for which it filed an exemption application.
‘‘(2) LIMITATION.—No priority may be given
under paragraph (1) to an air carrier that, at the
time of application, operates or holds 20 or more
slots and slot exemptions at the airport for which
the exemption application is filed.
‘‘(3) AFFILIATED
CARRIERS.—The Secretary
shall treat all commuter air carriers that have coop-
erative agreements including code-share agreements,
with other air carriers equally for determining eligi-
bility for exemptions under this section regardless of
the form of the corporate relationship between the
commuter air carrier and the other air carrier.
‘‘(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) REGIONAL JET DEFINED.—In this section, the
term ‘regional jet’ means a passenger, turbofan-powered
aircraft carrying not fewer than 30 and not more than
50 passengers.
‘‘(h) PREEMPTION.—If the provisions of this section
conflict with any other provision of law or regulation pre-
scribed thereunder which a limitation is imposed on the
number of slots available at any airport, then the provi-
sions of this section shall take precedence.’’.
(b) CONFORMING AMENDMENTS.—
(1) LIMITED
INCUMBENT
AIR
CARRIER
DE-
FINED.—Section 40102 of title 49, United States
Code, is amended by inserting after paragraph (28)
the following:
‘‘(28A) LIMITED INCUMBENT AIR CARRIER.—
The term ‘limited incumbent air carrier’ has the
meaning given that term in subpart S of part 93 of
title 14, Code of Federal Regulations; except that
‘20’ shall be substituted for ‘12’ in sections
93.213(a)(5), 93.223(c)(32), and 93.226(h) as such
sections were in effect on August 1, 1998.’’.
(2) CHAPTER
ANALYSIS.—The analysis for
chapter 417 of such title is amended by inserting
after the item relating to section 41716 the fol-
lowing:
‘‘41717. Slot exemptions for nonstop regional jet services.’’.
Æ