[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.''.
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