§41718 Special Rules for Ronald Reagan Washington National Airport

Summary

The Secretary must give a set number of special slot exemptions at Ronald Reagan Washington National Airport so certain airlines can add limited flights. Twenty-four exemptions let airlines fly between Reagan National and large hub airports beyond the perimeter if the flights bring network benefits, increase competition, do not cut service to small or medium hubs inside the perimeter, and do not cause meaningful delays. Twenty exemptions let airlines start or expand service to airports inside the perimeter. Those 20 are split to help new or small carriers, places without nonstop service today, small communities, routes that would break a monopoly, or services that bring the biggest competition and low fares. Of those 20, six are for small or nonhub airports, ten for medium and smaller airports, and four for any size. All exempted planes must meet the Secretary’s Stage 3 noise standards. Exempted flights cannot operate between 10:00 p.m. and 7:00 a.m., and between 7:00 a.m. and 9:59 p.m. exemptions may not add more than five operations in any one-hour period. The Secretary must approve or deny exemption requests within 90 days. Asking for or getting an exemption is not treated as a major federal action that triggers a big environmental review. For flight-count rules, “commuters” are planes with 76 seats or fewer. Separately, the law required the Secretary to add 16 more exemptions within 90 days after the FAA Modernization and Reform Act of 2012: eight for new or limited incumbent carriers and eight for non-limited incumbents. Non-limited incumbents may use up to two of those, must drop a slot serving a large hub inside the perimeter to start the beyond-perimeter service, may get the old slot back if they stop the new service, and must tell the Secretary where they will fly. These beyond-perimeter flights cannot use multi-aisle or widebody planes and the exemption rights cannot be transferred. The Secretary must give scheduling priority to new entrant and limited incumbent carriers and may consider Canadian carriers if the U.S.–Canada agreement requires it. The Secretary also had to grant 10 more exemptions within 60 days after the FAA Reauthorization Act of 2024: eight for non-limited incumbents and two for limited incumbents, with each eligible carrier operating exactly two of those exemptions. The Metropolitan Washington Airports Authority may not charge a carrier a penalty just for getting or using one of these exemptions, though it can still collect normal fees like landing or handling charges.