Title 49TransportationRelease 119-73not60

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

Title 49 › Subtitle 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 Apr 5, 2026|Official source

Summary

Starting May 1, 2000, the Secretary of Transportation must let certain airlines use O’Hare without following the usual slot rules. Airlines flying nonstop with planes that seat fewer than 71 between O’Hare and small hub or nonhub airports can get exemptions if they did not fly that route the week of November 1, 1999, if they will add more flights than they had that week, or if they are replacing turboprops they used that week with regional jets. Only Stage 3 aircraft qualify. The Secretary must also give 30 exemptions to new-entrant or limited incumbent carriers who apply, and must decide on those requests within 45 days. Also, starting July 1, 2001, the slot rules do not apply to flights at O’Hare that operate before 2:45 PM or after 8:14 PM. If a turboprop slot is replaced by a regional jet under an exemption, that old slot generally cannot be used, sold, leased, or transferred after the exemption is granted, though a carrier that would otherwise lose access to two slots may use one of them while the replacement service runs. If the carrier stops the replacement service, the Secretary will take back the extra slot; if they stop using a regional jet, the extra slot is withdrawn but the exemption can remain. From May 1, 2000, the slot rules also do not apply to foreign flights, but the Secretary can limit access for foreign carriers from countries that do not give reciprocal access. Airlines that were already serving small or smaller airports under an exemption or a slot conditioned on that airport may not end that service for one year after the rules stop applying unless they gave notice before October 1, 1999, or filed under section 41719 after September 30, 1999 and the Secretary finds they had excessive losses.

Full Legal Text

Title 49, §41717

Transportation — Source: USLM XML via OLRC

(a)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)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)(1)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)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)(1)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)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)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)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)(1)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)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)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)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 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60