§40129 Collaborative Decisionmaking Pilot Program

Summary

Create a collaborative decisionmaking pilot program within 90 days. The FAA must run the program for 2 years (unless changed). The FAA, with the Attorney General, must write rules that say what a "capacity reduction event" is, when such an event allows carriers at a participating airport to talk to each other, and how they must communicate. If the FAA finds a capacity reduction event, it can let airlines talk about schedule changes for up to 24 hours so air traffic is used better. The FAA will help and watch the talks, and the Attorney General may also watch them. Within 30 days after starting the program, the FAA must pick 2 of the most capacity‑constrained airports based on the Airport Capacity Benchmark Report 2001 or newer data. Airlines can join if the FAA finds they have the needed operations and communications tools. The FAA, with the Attorney General, can change or end the program at an airport or block a carrier if the program’s goals are not being met or if the Secretary of Transportation, with the Attorney General, finds harm to competition. The Secretary may give limited antitrust protection for activities needed to take part unless the Attorney General objects in writing within 5 days of notice. The FAA must evaluate the program before the 2 years end and can require data from participants. If the program helped use capacity and did not hurt competition or service, the FAA, with the Attorney General, may extend it 2 more years and add up to 7 airports, picked the same way. Antitrust laws — meaning the rules in the Clayton Act.