Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport

(a)

Increase in number of slot exemptions

Section 41718 of title 49, United States Code, is amended by adding at the end the following new subsection:

(i)

Additional slot exemptions

(1)

Increase in slot exemptions

Not later than 90 days after the date of enactment of this subsection, the Secretary shall grant, by order, 56 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 within or beyond the perimeter described in section 49109; and(B)the requirements of subparts K, S, and T of part 93, Code of Federal Regulations. (2)

Incremental DCA slot allocations

(A)

In general

Of the slot exemptions made available under paragraph (1), the Secretary shall make 40 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier and 16 available to incumbent carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of this subsection.(B)

Air carrier requirements

An air carrier granted a slot exemption made available under paragraph (1)—(i)may operate up to a maximum of 8 of the newly authorized slot exemptions;(ii)shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent within or beyond perimeter destinations to be served; and(iii)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). (3)

Notices of intent

Notices of intent under paragraph (2)(B)(iii) shall specify the within or beyond perimeter destinations to be served.(4)

Conditions

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 granted an exemption under this subsection is prohibited from transferring the rights to its slot exemptions pursuant to section 41714(j).(B)The exemptions granted under subsection (2)—(i)may not be for operations between the hours of 10:00 p.m. and 7:00 a.m.; and(ii)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 8 operations.

(b)

Conforming amendments

Section 41718 of title 49, United States Code, is amended—(1)in subsection (c)(2)—(A)in subparagraph (A)—(i)in clause (i), by inserting or (i)(2) after (g)(2); and(ii)in clause (ii), by striking and (g) and inserting (g), and (i); and(B)in subparagraph (B), by inserting or (i)(2) after (g)(3); and(2)in subsection (h)(1), by inserting or (i) after subsection (g). (c)

Preservation of existing within-Perimeter air service

In recognition of the importance of preserving air service, as it exists on the date of enactment of this section, between Ronald Reagan Washington National Airport and within-perimeter airports and communities, this section and the amendments made by this section shall not be construed as authorizing any limited incumbent or non-limited incumbent air carrier holding slots or slot exemptions at Ronald Reagan Washington National Airport as of the date of enactment of this subsection to use an existing within-perimeter slot to serve an airport beyond the perimeter described in section 49109 of title 49, United States Code.