---
kind: "section"
citation: "49 U.S.C. § 41717"
title: "49"
title_heading: "Transportation"
number: "41717"
heading: "Interim application of slot rules at Chicago O’Hare International Airport"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/41717"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart ii — economic regulation"
  - "Chapter 417 — Operations of Carriers"
  - "Subchapter I — Requirements"
---

# §41717. Interim application of slot rules at Chicago O’Hare International Airport

- (a) **Slot Operating Window Narrowed.—** Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to [aircraft](/usc/49/40102.md?p=a-6) operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O’Hare International [Airport](/usc/49/40102.md?p=a-9).
- (b) **Exemptions for Air Service to Small and Nonhub Airports.—** Effective May 1, 2000, subject to [section 41714(i)](/usc/49/41714.md?p=i), the Secretary of Transportation shall grant, by order, exemptions 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)), 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 Chicago O’Hare International [Airport](/usc/49/40102.md?p=a-9) and a small hub 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.
- (c) **Exemptions for New Entrant and Limited Incumbent Air Carriers.—**
  - (1) **In general.—** The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, 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 Chicago O’Hare International [Airport](/usc/49/40102.md?p=a-9).
  - (2) **Deadline for granting exemptions.—** The Secretary shall grant an exemption under [paragraph (1)](#c-1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant [air carrier](/usc/49/40102.md?p=a-2) or limited incumbent [air carrier](/usc/49/40102.md?p=a-2).
- (d) **Slots Used To Provide Turboprop Service.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#d-2), a slot used to provide turboprop [air transportation](/usc/49/40102.md?p=a-5) that is replaced with regional jet [air transportation](/usc/49/40102.md?p=a-5) under [subsection (b)(3)](#b-3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop [air transportation](/usc/49/40102.md?p=a-5).
  - (2) **Two-for-one exception.—** An [air carrier](/usc/49/40102.md?p=a-2) that otherwise could not use 2 slots as a result of [paragraph (1)](#d-1) may use 1 of such slots to provide [air transportation](/usc/49/40102.md?p=a-5).
  - (3) **Withdrawal of slot.—** If the Secretary determines that an [air carrier](/usc/49/40102.md?p=a-2) that is using a slot under [paragraph (2)](#d-2) is no longer providing the [air transportation](/usc/49/40102.md?p=a-5) that replaced the turboprop [air transportation](/usc/49/40102.md?p=a-5), the Secretary shall withdraw the slot that is being used under [paragraph (2)](#d-2).
  - (4) **Continuation.—** If the Secretary determines that an [air carrier](/usc/49/40102.md?p=a-2) that is using a slot under [paragraph (2)](#d-2) is no longer providing the [air transportation](/usc/49/40102.md?p=a-5) that replaced the turboprop [air transportation](/usc/49/40102.md?p=a-5) with a regional jet, the Secretary shall withdraw the slot being used by the [air carrier](/usc/49/40102.md?p=a-2) under [paragraph (2)](#d-2) but shall allow the [air carrier](/usc/49/40102.md?p=a-2) to continue to hold the exemption granted to the [air carrier](/usc/49/40102.md?p=a-2) under [subsection (b)(3)](#b-3).
- (e) **International Service at O’Hare Airport.—**
  - (1) **Termination of requirements.—** Subject to [paragraph (2)](#e-2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O’Hare International [Airport](/usc/49/40102.md?p=a-9) after May 1, 2000, with respect to any [aircraft](/usc/49/40102.md?p=a-6) providing [foreign air transportation](/usc/49/40102.md?p=a-23).
  - (2) **Exception relating to reciprocity.—** The Secretary may limit access to Chicago O’Hare International [Airport](/usc/49/40102.md?p=a-9) with respect to [foreign air transportation](/usc/49/40102.md?p=a-23) being provided by a [foreign air carrier](/usc/49/40102.md?p=a-21) domiciled in a country to which an [air carrier](/usc/49/40102.md?p=a-2) provides nonstop [air transportation](/usc/49/40102.md?p=a-5) from the [United States](/usc/49/40102.md?p=a-46) if the country in which that carrier is domiciled does not provide reciprocal [airport](/usc/49/40102.md?p=a-9) access for [air carriers](/usc/49/40102.md?p=a-2).
- (f) **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).
- (g) **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 Chicago O’Hare 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) service for that route for a period of 1 year after the date on which those requirements cease to apply to such [airport](/usc/49/40102.md?p=a-9) 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 the calendar quarters immediately preceding submission of the notice.

## Source credit

(Added Pub. L. 106–181, title II, § 231(d)(1), Apr. 5, 2000, 114 Stat. 110.)

## Notes

### Editorial Notes

### References in Text

The date of the enactment of this subsection, referred to in subsec. (g), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

### 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.