(a)
(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;
(2) increase competition by new entrant air carriers or in multiple markets;
(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and
(4) not result in meaningfully increased travel delays.
(b)
(1) by new entrant air carriers and limited incumbent air carriers;
(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;
(3) to small communities;
(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or
(5) that will produce the maximum competitive benefits, including low fares.
(c)
(1)
(2)
(A)
(i) under subsections (a) and (b) and departures authorized under subsection (g)(2) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m.; and
(ii) under subsections (a), (b), and (g) 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 5 operations.
(B)
(3)
(A) without regard to the criteria contained in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub airports;
(B) ten shall be for air transportation to medium hub and smaller airports; and
(C) four shall be for air transportation to airports without regard to their size.
(4)
(d)
(e)
(f)
(g)
(1)
(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)
(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)
(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)
(5)
(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).
(h)
(1) afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air carriers granted additional slot exemptions under subsection (g) for service to airports located beyond the perimeter described in section 49109;
(2) afford a scheduling priority to slot exemptions currently held by new entrant air carriers and limited incumbent air carriers for service to airports located beyond the perimeter described in section 49109, to the extent necessary to protect viability of such service; and
(3) consider applications from foreign air carriers that are certificated by the government of Canada if such consideration is required by the bilateral aviation agreement between the United States and Canada and so long as the conditions and limitations under this section apply to such foreign air carriers.
(Added Pub. L. 106–181, title II, §231(e)(1), Apr. 5, 2000, 114 Stat. 112; amended Pub. L. 108–176, title IV, §§425, 426(a), Dec. 12, 2003, 117 Stat. 2555; Pub. L. 112–95, title IV, §414(a), (b), Feb. 14, 2012, 126 Stat. 90, 92.)
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Last modified: October 26, 2015