--- kind: "section" citation: "49 U.S.C. § 41716" title: "49" title_heading: "Transportation" number: "41716" heading: "Interim slot rules at New York airports" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/41716" units: - "Subtitle VII — Aviation Programs" - "Part A — Air Commerce and Safety" - "Subpart ii — economic regulation" - "Chapter 417 — Operations of Carriers" - "Subchapter I — Requirements" --- # §41716. Interim slot rules at New York airports - (a) **Exemptions for Air Service to Small and Nonhub Airports.—** Subject to [section 41714(i)](/usc/49/41714.md?p=i), the Secretary of Transportation shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density [airports](/usc/49/40102.md?p=a-9)) to any [air carrier](/usc/49/40102.md?p=a-2) to provide nonstop [air transportation](/usc/49/40102.md?p=a-5), using an [aircraft](/usc/49/40102.md?p=a-6) with a certificated maximum seating capacity of less than 71, between LaGuardia [Airport](/usc/49/40102.md?p=a-9) or John F. Kennedy International [Airport](/usc/49/40102.md?p=a-9) and a [small hub airport](/usc/49/40102.md?p=a-42) or [nonhub airport](/usc/49/40102.md?p=a-34)— - (1) if the [air carrier](/usc/49/40102.md?p=a-2) was not providing such [air transportation](/usc/49/40102.md?p=a-5) during the week of November 1, 1999; - (2) if the number of flights to be provided between such [airports](/usc/49/40102.md?p=a-9) by the [air carrier](/usc/49/40102.md?p=a-2) during any week will exceed the number of flights provided by the [air carrier](/usc/49/40102.md?p=a-2) between such [airports](/usc/49/40102.md?p=a-9) during the week of November 1, 1999; or - (3) if the [air transportation](/usc/49/40102.md?p=a-5) to be provided under the exemption will be provided with a regional jet as replacement of turboprop [air transportation](/usc/49/40102.md?p=a-5) that was being provided during the week of November 1, 1999. - (b) **Exemptions for New Entrant and Limited Incumbent Air Carriers.—** Subject to [section 41714(i)](/usc/49/41714.md?p=i), the Secretary shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density [airports](/usc/49/40102.md?p=a-9)), to any new entrant [air carrier](/usc/49/40102.md?p=a-2) or limited incumbent [air carrier](/usc/49/40102.md?p=a-2) to provide [air transportation](/usc/49/40102.md?p=a-5) to or from LaGuardia [Airport](/usc/49/40102.md?p=a-9) or John F. Kennedy International [Airport](/usc/49/40102.md?p=a-9) if the number of slot exemptions granted under this subsection to such [air carrier](/usc/49/40102.md?p=a-2) with respect to such [airport](/usc/49/40102.md?p=a-9) when added to the slots and slot exemptions held by such [air carrier](/usc/49/40102.md?p=a-2) with respect to such [airport](/usc/49/40102.md?p=a-9) does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia [Airport](/usc/49/40102.md?p=a-9) to an incumbent [air carrier](/usc/49/40102.md?p=a-2) operating at least 20 but not more than 28 slots at such [airport](/usc/49/40102.md?p=a-9) as of October 1, 2004, to provide [air transportation](/usc/49/40102.md?p=a-5) between LaGuardia [Airport](/usc/49/40102.md?p=a-9) and a [small hub airport](/usc/49/40102.md?p=a-42) or [nonhub airport](/usc/49/40102.md?p=a-34). - (c) **Stage 3 Aircraft Required.—** An exemption may not be granted under this section with respect to any [aircraft](/usc/49/40102.md?p=a-6) that is not a Stage 3 [aircraft](/usc/49/40102.md?p=a-6) (as defined by the Secretary). - (d) **Preservation of Certain Existing Slot-Related Air Service.—** An [air carrier](/usc/49/40102.md?p=a-2) that provides [air transportation](/usc/49/40102.md?p=a-5) of passengers from LaGuardia [Airport](/usc/49/40102.md?p=a-9) or John F. Kennedy International [Airport](/usc/49/40102.md?p=a-9) to a [small hub airport](/usc/49/40102.md?p=a-42) or [nonhub airport](/usc/49/40102.md?p=a-34), or to an [airport](/usc/49/40102.md?p=a-9) that is smaller than a [nonhub airport](/usc/49/40102.md?p=a-34), on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density [airports](/usc/49/40102.md?p=a-9)), or where slots were issued to an [air carrier](/usc/49/40102.md?p=a-2) conditioned on a specific [airport](/usc/49/40102.md?p=a-9) being served, may not terminate [air transportation](/usc/49/40102.md?p=a-5) for that route before July 1, 2003, unless— - (1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or - (2) after September 30, 1999, the [air carrier](/usc/49/40102.md?p=a-2) submits an air service termination notice under [section 41719](/usc/49/41719.md) for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice. ## Source credit (Added Pub. L. 106–181, title II, § 231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, § 199, Dec. 8, 2004, 118 Stat. 3235.) ## Notes ### Editorial Notes ### References in Text The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000. ### Prior Provisions A prior section 41716 was renumbered section 41720 of this title. ### Amendments 2004—Subsec. (b). Pub. L. 108–447 inserted before period at end “; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport”. ### Statutory Notes and Related Subsidiaries ### 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.