Pub. L. 108-7, div. I, tit. III, sec. 321

Sec. 321. (a) Section 47107 of title 49, United States Code, is amended by inserting after section 47107(p) the following:“(q) Notwithstanding any written assurances prescribed in subsections (a) through (p), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met:“(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002.“(2) The airport is located within the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49.“(3) The certificated airport operating under section 44706 of title 49 has sufficient capacity and does not contribute to significant delays as defined by DOT/FAA in the ‘Airport Capacity Benchmark Report 2001’.“(r) An airport that meets the conditions of subsections (q)(1) through (3) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.”.(b) This section shall be effective upon enactment, notwithstanding any other section of title 49.