Amends Federal aviation law to require the Secretary of Transportation, after receiving a joint application from an air carrier and a community primarily served by a small hub airport or a nonhub airport for an exemption to provide nonstop regional jet air service that meets certain Federal noise limits between a small hub airport or nonhub airport and a high density airport, to grant the exemption, provided granting it would: (1) be in accordance with established principles of safety; or (2) not violate the National Environmental Policy Act of 1969. Authorizes the Secretary to grant an exemption for: (1) a period of not less than 12 months; (2) a minimum of two daily roundtrip flights; and (3) a maximum of four daily roundtrip flights.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1738 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1738
To amend title 49, United States Code, to provide slot exemptions for
nonstop regional jet service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 1999
Mr. Wamp introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide slot exemptions for
nonstop regional jet service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET SERVICE.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41717. Slot exemptions for nonstop regional jet service
``(a) In General.--Within 90 days after receiving a joint
application from an air carrier and a community primarily served by a
small hub airport or a nonhub airport (as such terms are defined in
section 41731(a)) for an exemption to provide nonstop regional jet air
service between--
``(1) the small hub airport or nonhub airport; and
``(2) a high density airport (as such term is defined in
section 41715), the Secretary of Transportation shall grant the
exemption.
``(b) Application May Be Denied for Safety or Environmental
Reasons.--Notwithstanding subsection (a), the Secretary shall not grant
an exemption requested under subsection (a) if--
``(1) granting the exemption would not be in accordance
with established principles of safety; or
``(2) the exemption would violate the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
``(c) Conditions.--The Secretary may grant an exemption to an air
carrier under subsection (a)--
``(1) for a period of not less than 12 months;
``(2) for a minimum of 2 daily roundtrip flights; and
``(3) for a maximum of 4 daily roundtrip flights.
``(d) Forfeiture for Misuse.--Any exemption granted under
subsection (a) shall be terminated immediately by the Secretary if the
air carrier to which it was granted uses the slot for any purpose other
than the purpose for which it was granted or in violation of the
conditions under which it was granted.
``(e) Priority to New Entrants and Limited Incumbent Carriers.--
``(1) In general.--In granting slot exemptions under this
section the Secretary shall give priority consideration to an
application from an air carrier that, as of July 1, 1998,
operated or held fewer than 20 slots or slot exemptions at the
high density airport for which it filed an exemption
application.
``(2) Limitation.--No priority may be given under paragraph
(1) to an air carrier that, at the time of application,
operates or holds 20 or more slots and slot exemptions at the
airport for which the exemption application is filed.
``(3) Affiliated carriers.--The Secretary shall treat all
commuter air carriers that have cooperative agreements
including code-share agreements, with other air carriers
equally for determining eligibility for exemptions under this
section regardless of the form of the corporate relationship between
the commuter air carrier and the other air carrier.
``(f) Stage 3 Aircraft Required.--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) Regional Jet Defined.--In this section, the term `regional
jet' means a passenger, turbofan-powered aircraft carrying not fewer
than 30 and not more than 50 passengers.
``(h) Preemption.--If the provisions of this section conflict with
any other provision of law or regulation prescribed thereunder which a
limitation is imposed on the number of slots available at any airport,
then the provisions of this section shall take precedence.''.
(b) Conforming Amendments.--
(1) Limited incumbent air carrier defined.--Section 40102
of title 49, United States Code, is amended by inserting after
paragraph (28) the following:
``(28A) Limited incumbent air carrier.--The term `limited
incumbent air carrier' has the meaning given that term in
subpart S of part 93 of title 14, Code of Federal Regulations;
except that `20' shall be substituted for `12' in sections
93.213(a)(5), 93.223(c)(32), and 93.226(h) as such sections
were in effect on August 1, 1998.''.
(2) Chapter analysis.--The analysis for chapter 417 of such
title is amended by inserting after the item relating to
section 41716 the following:
``41717. Slot exemptions for nonstop regional jet services.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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