Page:United States Statutes at Large Volume 114 Part 1.djvu/143

 PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 107 "(B) the times requested; and "(C) such additional information as the Secretary may require. "(2) ACTION ON REQUEST; FAILURE TO ACT.— Within 60 days after a slot exemption request under this section or section 41716 or 41717 (other than subsection (c)) is received by the Secretary, the Secretary shall— "(A) approve the request if the Secretary determines that the requirements of the section under which the request is made are met; "(B) return the request to the applicant for additional information relating to the request to provide air transportation; or "(C) deny the request and state the reasons for its denial. "(3) 60-DAY PERIOD TOLLED FOR TIMELY REQUEST FOR MORE INFORMATION.—I f the Secretary returns under paragraph (2)(B) the request for additional information during the first 20 days after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional information is filed with the Secretary. "(4) FAILURE TO DETERMINE DEEMED APPROVAL. —If the Secretary neither approves the request under paragraph (2)(A) nor denies the request under paragraph (2)(C) within the 60- day period beginning on the date the request is received, excepting any days during which the 60-day period is tolled under paragraph (3), then the request is deemed to have been approved on the 61st day, after the request was filed with the Secretary.". (2) EXEMPTIONS MAY NOT BE TRANSFERRED.— Section 41714 is further amended by adding at the end the following: "( j) EXEMPTIONS MAY NOT BE TRANSFERRED.—No exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, granted under this section or section 41716, 41717, or 41718 may be bought, sold, leased, or otherwise transferred by the carrier to which it is granted.". (3) EQUAL TREATMENT OF AFFILIATED CARRIERS.—Section 41714 (as amended by paragraph (2) of this subsection) is further amended by adding at the end the following: "(k) AFFILIATED CARRIERS.— For purposes of this section and sections 41716, 41717, and 41718, an air carrier that operates under the same designator code, or has or enters into a codeshare agreement, with any other air carrier shall not qualify for a new slot or slot exemption as a new entrant or limited incumbent air carrier at an airport if the total number of slots and slot exemptions held by the two carriers at the airport exceed 20 slots and slot exemptions.". (4) NEW ENTRANT SLOTS.— Section 41714(c) is amended— (A) by striking the subsection designation and heading and "(1) IN GENERAL.— I f the Secretary" and inserting the following: "(c) SLOTS FOR NEW ENTRANTS.—I f the Secretary"; (B) by striking "and the circumstances to be exceptional"; and (C) by striking paragraph (2). (5) DEFINITIONS.— Section 41714(h) is amended—

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