Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart ii — economic regulation › CHAPTER 417 — OPERATIONS OF CARRIERS › SUBCHAPTER I — REQUIREMENTS › § 41716
The Secretary of Transportation must allow airlines to get exemptions from LaGuardia and JFK slot rules so they can fly nonstop to small hub or nonhub airports using planes with fewer than 71 seats, as allowed by section 41714(i). An airline can get an exemption if it was not flying that route in the week of November 1, 1999; if it will run more flights than it did that week; or if it replaces turboprops it flew that week with regional jets. New entrant and limited incumbent carriers can also get exemptions, but each carrier cannot have more than 20 total slots and exemptions at a given airport. The Secretary may add up to 4 extra exemptions at LaGuardia for an incumbent that had 20–28 slots there on October 1, 2004, for service to small or nonhub airports. Exemptions only apply to Stage 3 aircraft (as defined by the Secretary). An airline already flying from LaGuardia or JFK to a small or smaller-than-nonhub airport under an exemption or a slot condition may not end that service before July 1, 2003 unless it gave written notice before October 1, 1999, or it files a termination notice after September 30, 1999 and the Secretary finds the carrier had excessive losses, including large losses in any three quarters right before the filing.
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Reference
Citation
49 U.S.C. § 41716
Title 49, Transportation
Last Updated
Sep 22, 2026
Release point: 119-110