(g) Additional Slot Exemptions.—
(1) Increase in slot exemptions.—
Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary shall grant, by order 16 exemptions from—
(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and airports located beyond the perimeter described in section 49109; and
(B) the requirements of subparts K and S of part 93, Code of Federal Regulations.
(2) New entrants and limited incumbents.—
Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to limited incumbent air carriers or new entrant air carriers (as such terms are defined in section 41714(h)). Such exemptions shall be allocated pursuant to the application process established by the Secretary under subsection (d). The Secretary shall consider the extent to which the exemptions will—
(A) provide air transportation with domestic network benefits in areas beyond the perimeter described in section 49109;
(B) increase competition in multiple markets;
(C) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109;
(D) not result in meaningfully increased travel delays;
(E) enhance options for nonstop travel to and from the beyond-perimeter airports that will be served as a result of those exemptions;
(F) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions; or
(G) produce public benefits, including the likelihood that the service to airports located beyond the perimeter described in section 49109 will result in lower fares, higher capacity, and a variety of service options.
(3) Improved network slots.—
Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Modernization and Reform Act of 2012. Each such non-limited incumbent air carrier—
(A) may operate up to a maximum of 2 of the newly authorized slot exemptions;
(B) prior to exercising an exemption made available under paragraph (1), shall discontinue the use of a slot for service between Ronald Reagan Washington National Airport and a large hub airport within the perimeter as described in section 49109, and operate, in place of such service, service between Ronald Reagan Washington National Airport and an airport located beyond the perimeter described in section 49109;
(C) shall be entitled to return of the slot by the Secretary if use of the exemption made available to the carrier under paragraph (1) is discontinued;
(D) shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent beyond perimeter destinations to be served; and
(E) shall file a notice of intent with the Secretary and subsequent notices of intent, when appropriate, to inform the Secretary of any change in circumstances concerning the use of any exemption made available under paragraph (1).
(4) Notices of intent.— Notices of intent under paragraph (3)(E) shall specify the beyond perimeter destination to be served and the slots the carrier shall discontinue using to serve a large hub airport located within the perimeter.
(5) Conditions.—
Beyond-perimeter flight operations carried out by an air carrier using an exemption granted under this subsection shall be subject to the following conditions:
(A) An air carrier may not operate a multi-aisle or widebody aircraft in conducting such operations.
(B) An air carrier granted an exemption under this subsection is prohibited from transferring the rights to its beyond-perimeter exemptions pursuant to section 41714(j).
References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (g)(1), (3), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.
Amendments
2012—Subsec. (c)(2). Pub. L. 112–95, § 414(b), amended par. (2) generally. Prior to amendment, text read as follows: “The exemptions granted under subsections (a) and (b) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m. and may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 3 operations.”
Subsecs. (g), (h). Pub. L. 112–95, § 414(a), added subsecs. (g) and (h).
2003—Subsec. (a). Pub. L. 108–176, § 425(a), substituted “24 exemptions” for “12 exemptions” in introductory provisions.
Subsec. (b). Pub. L. 108–176, § 425(b), in introductory provisions, substituted “20 exemptions” for “12 exemptions” and struck out “that were designated as medium hub or smaller airports” before “within the perimeter established”.
Subsec. (c)(2). Pub. L. 108–176, § 425(c)(1), substituted “3 operations” for “two operations”.
Subsec. (c)(3)(A). Pub. L. 108–176, § 425(c)(2)(A), substituted “without regard to the criteria contained in subsection (b)(1), six” for “four” and struck out “and” at end.
Subsec. (c)(3)(B). Pub. L. 108–176, § 425(c)(2)(B), substituted “ten” for “eight” and “; and” for period at end.
Subsec. (c)(3)(C). Pub. L. 108–176, § 425(c)(2)(C), added subpar. (C).
Subsec. (d). Pub. L. 108–176, § 425(d), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) Deadline for submission.—All requests for exemptions under this section must be submitted to the Secretary not later than the 30th day following the date of the enactment of this subsection.
“(2) Deadline for comments.—All comments with respect to any request for an exemption under this section must be submitted to the Secretary not later than the 45th day following the date of the enactment of this subsection.
“(3) Deadline for final decision.—Not later than the 90th day following the date of the enactment of this Act, the Secretary shall make a decision regarding whether to approve or deny any request that is submitted to the Secretary in accordance with paragraph (1).”
Subsec. (f). Pub. L. 108–176, § 426(a), added subsec. (f).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 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 a note under section 106 of this title.
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.
Regulations
Pub. L. 108–176, title IV, § 426(b), Dec. 12, 2003, 117 Stat. 2556, provided that:
“The Administrator of the Federal Aviation Administration shall revise regulations to take into account the amendment made by subsection (a) [amending this section].”
General Aviation Flights at Ronald Reagan Washington National Airport
Pub. L. 108–176, title VIII, § 823, Dec. 12, 2003, 117 Stat. 2595, provided that:
“(a) Security Plan.— The Secretary of Homeland Security shall develop and implement a security plan to permit general aviation aircraft to land and take off at Ronald Reagan Washington National Airport.
“(b) Landings and Takeoffs.— The Administrator of the Federal Aviation Administration shall allow general aviation aircraft that comply with the requirements of the security plan to land and take off at the Airport except during any period that the President suspends the plan developed under subsection (a) due to national security concerns.
“(c) Report.— If the President suspends the security plan developed under subsection (a), the President shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the reasons for the suspension not later than 30 days following the first day of the suspension. The report may be submitted in classified form.”