Title 49, TransportationRelease 119-110

§41717 Interim Application of Slot Rules at Chicago O’hare International Airport

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart ii — economic regulation › CHAPTER 417 — OPERATIONS OF CARRIERS › SUBCHAPTER I — REQUIREMENTS › § 41717

Last updated Sep 22, 2026|Official source

Summary

Changes how flight “slots” work at Chicago O’Hare. Starting July 1, 2001, the slot limits in parts K and S do not apply to flights that operate before 2:45 p.m. or after 8:14 p.m. Starting May 1, 2000, and under section 41714(i), the Secretary of Transportation must let carriers use slot exemptions for nonstop flights between O’Hare and small hub or nonhub airports with aircraft that have fewer than 71 seats if the carrier was not flying that route in the week of November 1, 1999, or will add more flights than they had that week, or will replace turboprops flown that week with regional jets. The Secretary must also give 30 exemptions to new entrant or limited incumbent air carriers and must grant each such exemption within 45 days of a qualifying request. Exemptions are only for Stage 3 aircraft (as the Secretary defines). Rules about turboprop replacement, international service, and keeping existing routes: a slot used to replace a turboprop with a regional jet generally cannot be sold or transferred, though a carrier may use one of two slots to provide service in some cases; if the carrier stops the replacement service, the extra slot is withdrawn, but the carrier may keep the exemption under subsection (b)(3). After May 1, 2000, slot rules no longer apply to foreign air transportation unless the Secretary limits access for carriers from countries that do not give reciprocal access. Carriers already serving small or smaller airports under exemptions or conditioned slots may not end those routes for 1 year after the slot rules stop applying unless they gave notice before October 1, 1999, or filed a termination notice after September 30, 1999 and the Secretary finds they had excessive losses under section 41719.

Full Legal Text

Title 49, §41717

Transportation, Source: USLM XML via OLRC

(a)Slot Operating Window Narrowed.—
Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O’Hare International Airport.
(b)Exemptions for Air Service to Small and Nonhub Airports.—
Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions 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), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago O’Hare International Airport and a small hub 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.
(c)Exemptions for New Entrant and Limited Incumbent Air Carriers.—
(1)In general.—
The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O’Hare International Airport.
(2)Deadline for granting exemptions.—
The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.
(d)Slots Used To Provide Turboprop Service.—
(1)In general.—
Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.
(2)Two-for-one exception.—
An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.
(3)Withdrawal of slot.—
If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).
(4)Continuation.—
If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).
(e)International Service at O’Hare Airport.—
(1)Termination of requirements.—
Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O’Hare International Airport after May 1, 2000, with respect to any aircraft providing foreign air transportation.
(2)Exception relating to reciprocity.—
The Secretary may limit access to Chicago O’Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.
(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)Preservation of Certain Existing Slot-Related Air Service.—
An air carrier that provides air transportation of passengers from Chicago O’Hare 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 service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport 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 the calendar quarters immediately preceding 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. (g), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

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. § 41717

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110