Title 49TransportationRelease 119-73

§41716 Interim slot rules at New York airports

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— - REQUIREMENTS › § 41716

Last updated Apr 6, 2026|Official source

Summary

Under section 41714(i), the Secretary of Transportation must grant exemptions from the slot rules at LaGuardia and JFK so an airline can fly nonstop to a small hub or nonhub airport with planes that have fewer than 71 seats. An airline can get an exemption if it was not flying that route in the week of November 1, 1999; if it will fly more flights than it did that week; or if it replaces turboprops it flew that week with regional jets. New or limited incumbent airlines can get up to 20 such slot exemptions at an airport. The Secretary may allow up to 4 extra exemptions at LaGuardia for an incumbent that had 20 to 28 slots there on October 1, 2004. Exemptions are only for Stage 3 aircraft. An airline that was serving a small or smaller airport on or before the date this subsection was enacted cannot stop that service before July 1, 2003 unless it gave written notice before October 1, 1999, or filed a notice after September 30, 1999 under section 41719 and the Secretary finds it had excessive losses, including substantial losses in any three quarters in the year before the filing.

Full Legal Text

Title 49, §41716

Transportation — Source: USLM XML via OLRC

(a)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)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.
(c)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Prior Provisions

A prior section 41716 was renumbered section 41720 of this title.

Amendments

2004—Subsec. (b). Pub. L. 108–447 inserted before period at end “; 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an

Effective Date

of 2000

Amendments

note under section 106 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 41716

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73