§41718 Special rules for Ronald Reagan Washington National Airport

Summary

The Secretary must give a fixed number of special slot exemptions at Ronald Reagan Washington National Airport so more airlines can fly certain routes. The Secretary must issue 24 exemptions to allow limited flights between Reagan National and domestic hub airports if those flights extend network service beyond the airport perimeter, boost competition (especially by new entrant carriers), do not cut service for small or medium hubs inside the perimeter, and do not cause meaningful delays. The Secretary must also issue 20 exemptions for flights inside the perimeter and use rules that favor new entrant or limited carriers, serve places without existing nonstop service, help small communities, make monopoly routes competitive, or otherwise produce the most competitive benefits (including low fares). Of those 20, six must serve small hub or nonhub airports, ten must serve medium hubs or smaller, and four can be for any size airport. Only Stage 3 aircraft may be used. Exempted flights may not operate between 10:00 p.m. and 7:00 a.m., and exempted flights cannot raise the number of operations in any single hour between 7:00 a.m. and 9:59 p.m. by more than 5. A carrier using an exemption to arrive between 10:01 p.m. and 11:00 p.m. must stop using an existing slot at that same time. The Secretary must decide any exemption request within 90 days. Requests and grants under these rules are not treated as major federal environmental actions. “Commuters” means planes with a certified maximum of 76 seats. Under the FAA Modernization and Reform Act of 2012, the Secretary had to issue 16 exemptions within 90 days: 8 for new or limited carriers and 8 for non-limited incumbents. Non-limited incumbents may use up to 2 of those, must give up a slot serving a large hub inside the perimeter to use one, get the slot back if they stop using the exemption, choose their beyond-perimeter destination, must file notices of intent naming the destination and the slot they will drop, may not use widebody or multi-aisle aircraft, and may not transfer the exemption rights. The Secretary must give scheduling priority to new entrant and limited incumbent carriers and protect existing beyond-perimeter service. The Secretary may consider Canadian carriers if required by U.S.–Canada agreements. Under the FAA Reauthorization Act of 2024, the Secretary must issue 10 exemptions within 60 days: 8 for non-limited incumbents and 2 for limited incumbents. Each eligible carrier in those two groups must operate exactly 2 of the new exemptions. The Secretary will use the 90-day application decision process and consider benefits like adding nonstop beyond-perimeter service and improving market competition. The Metropolitan Washington Airports Authority cannot charge a penalty just because an airline got and used one of these exemptions, but it may collect normal fees or charges that apply to any carrier.