108 STAT. 1584 PUBLIC LAW 103-305 —AUG. 23, 1994 Works and Transportation of the House of Representatives on the results of the study. SEC. 206. SLOTS FOR AIR CARRIERS AT AIRPORTS. (a) AVAILABILITY OF SLOTS. — (1) IN GENERAL. —Subchapter I of chapter 417 of subtitle VII is amended by adding at the end the following: <"§ 41714. Availability of slots "(a) MAKING SLOTS AVAILABLE FOR ESSENTIAL AIR SERVICE.— "(1) OPERATIONAL AUTHORITY. —I f basic essential air service under subchapter II of this chapter is to be provided from an eligible point to a high density airport (other than Washington National Airport), the Secretary of Transportation shall ensure that the air carrier providing or selected to provide such service has sufficient operational authority at the high density airport to provide such service. The operational authority shall allow flights at reasonable times taking into account the needs of passengers with connecting flights. "(2) EXEMPTIONS.— I f necessary to carry out the objectives of paragraph (1), the Secretary shall by order grant 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), to air carriers using Stage 3 aircraft or to commuter air carriers, unless such an exemption would significantly increase operational delays. "(3) ASSURANCE OF ACCESS. — I f the Secretary finds that an exemption under paragraph (2) would significantly increase operational delays, the Secretary shall take such action as may be necessary to ensure that an air carrier providing or selected to provide basic essential air service is able to obtain access to a high density airport; except that the Secretary shall not be required to make slots available at O'Hare International Airport in Chicago, Illinois, if the number of slots available for basic essential air service (including slots specifically designated as essential air service slots and slots used for such purposes) to and from such airport is at least 132 slots. "(4) ACTION BY THE SECRETARY. —The Secretary shall issue a final order under this subsection on or before the 60th day after receiving a request from an air carrier for operational authority under this subsection. " (b) SLOTS FOR FOREIGN AIR TRANSPORTATION. — "(1) EXEMPTIONS.— I f the Secretary finds it to be in the public interest at a high density airport (other than Washington National Airport), the Secretary may 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), to enable air carriers and foreign air carriers to provide foreign air transportation using Stage 3 aircraft. " (2) SLOT WITHDRAWALS. —The Secretary may not withdraw a slot from an air carrier in order to allocate that slot to a carrier to provide foreign air transportation if the withdrawal of that slot would result in the withdrawal of slots from an air carrier at O'Hare Intemational Airport under section 93.223
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