Page:United States Statutes at Large Volume 108 Part 2.djvu/871

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PUBLIC LAW 103-305—AUG. 23, 1994 108 STAT. 1587 on Public Works and Transportation of the House of Representatives a report containing the results of such examination. "(f) RULEMAKING. — The Secretary shall conduct a rulemaking proceeding based on the results of the study described in subsection (e). In the course of such proceeding, the Secretary shall issue a notice of proposed rulemaking not later than August 1, 1995, and shall issue a final rule not later than 90 days after public comments are due on the notice of proposed rulemaking. "(g) WEEKEND OPEIL^TIONS. —The Secretary shall consider the advisability of revising section 93.227 of title 14, Code of Federal Regulations, so as to eliminate weekend schedules from the determination of whether the 80 percent standard of subsection (a)(1) of that section has been met. "(h) DEFINITIONS.— In this section and section 41734(h), the following definitions apply: "(1) COMMUTER MR CARRIER.—The term 'commuter air carrier' means a commuter operator as defined or applied in subpart K or S of part 93 of title 14, Code of Federal Regulations. "(2) HIGH DENSITY AIRPORT.—The term 'high density airport' means an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft. "(3) NEW ENTRANT AIR CARRIER.— The term 'new entrant air carrier' means an air carrier that does not hold a slot at the airport concerned and has never sold or given up a slot at that airport after December 16, 1985, and a limited incumbent carrier as defined in subpart S of part 93 of title 14, Code of Federal Regulations. "(4) SLOT. —The term 'slot' means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation.". (b) CLERICAL AMENDMENT. —The analysis for chapter 417 of subtitle VII is amended by inserting sifter the item relating to section 41713 the following: " 41714. Availability of slots.". (c) NONCONSIDERATION OF SLOT AVAILABILITY. —Section 41734 is amended by adding at the end the following: " (h) NONCONSIDERATION OF SLOT AVAILABILITY. —In determining what is basic essential air service and in selecting an air carrier to provide such service, the Secretary shall not consider as a factor whether slots at a high density airport are available for providing such service.". SEC. 207. AIR SERVICE TERMINATION NOTICE. (a) IN GENERAL. — Subchapter I of chapter 417 of subtitle VII is further amended by adding at the end the following new section: "§ 41715. Air service termination notice "(a) IN GENERAL. —An air carrier may not terminate interstate air transportation from a nonhub airport included on the Secretary's latest published list of such airports, unless such air carrier has given the Secretary at least 45 days' notice before such termination. "(b) EXCEPTIONS. — The requirements of subsection (a) shall not apply when— "(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related emergencies, and strikes;