§41722 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can ask airlines to meet with the FAA Administrator to talk about cutting flights at very crowded airports during peak hours. That can happen only if the FAA Administrator says a meeting is needed and the Secretary decides it will meet a serious transportation need or an important public benefit. The FAA Administrator must lead the meeting, let all scheduled airlines attend, and keep the talk to the named airports and times. The Administrator will set flight-reduction targets and tell airlines at least 48 hours before the meeting. Airlines must make any reduction offer to the Administrator, not to other carriers. A transcript must be kept and made public within 3 business days after the meeting.

Title 49, §41722

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation may request that air carriers meet with the Administrator of the Federal Aviation Administration to discuss flight reductions at severely congested airports to reduce overscheduling and flight delays during hours of peak operation if—

(1)the Administrator determines that it is necessary to convene such a meeting; and

(2)the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public benefit.

(b)Any meeting under subsection (a)—

(1)shall be chaired by the Administrator;

(2)shall be open to all scheduled air carriers; and

(3)shall be limited to discussions involving the airports and time periods described in the Administrator’s determination.

(c)Before any such meeting is held, the Administrator shall establish flight reduction targets for the meeting and notify the attending air carriers of those targets not less than 48 hours before the meeting.

(d)An air carrier attending the meeting shall make any offer to meet a flight reduction target to the Administrator rather than to another carrier.

(e)The Administrator shall ensure that a transcript of the meeting is kept and made available to the public not later than 3 business days after the conclusion of the meeting.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an

Effective Date

of 2003 Amendment note under section 106 of this title. Schedule Reduction Pub. L. 112–95, title IV, § 413, Feb. 14, 2012, 126 Stat. 89, provided that: “(a) In General.—If the Administrator of the Federal Aviation Administration determines that—“(1) the aircraft operations of air carriers during any hour at an airport exceed the hourly maximum departure and arrival rate established by the Administrator for such operations; and “(2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the safe and efficient use of navigable airspace, the Administrator shall convene a meeting of such carriers to reduce pursuant to section 41722 of title 49, United States Code, on a voluntary basis, the number of such operations so as not to exceed the maximum departure and arrival rate. “(b) No Agreement.—If the air carriers participating in a meeting with respect to an airport under subsection (a) are not able to agree to a reduction in the number of flights to and from the airport so as not to exceed the maximum departure and arrival rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented. “(c) Subsequent Schedule Increases.—Subsequent to any reduction in operations under subsection (a) or (b) at an airport, if the Administrator determines that the hourly number of aircraft operations at that airport is less than the amount that can be handled safely and efficiently, the Administrator shall ensure that priority is given to United States air carriers in permitting additional aircraft operations with respect to that hour.”

§41722 Delay Reduction Actions

Summary

Title 49, §41722

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata