FEDERAL · 49 U.S.C. · Chapter SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
Basic essential air service
49 U.S.C. § 41732
Title49 — Transportation
ChapterSUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
This text of 49 U.S.C. § 41732 (Basic essential air service) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
49 U.S.C. § 41732.
Text
(a)General.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and cargo—
(1)to a medium or large hub airport less than 650 miles from an eligible place (unless such airport or eligible place are located in a noncontiguous State); or
(2)to a small hub or nonhub airport, when in Alaska or when the nearest medium or large hub airport is more than 400 miles from an eligible place.
(b)Minimum Requirements.—Basic essential air service shall include at least the following:
(1)(A) for a place not in Alaska, 2 daily round trips 6 days a week, with not more than one intermediate stop on each flight; or
(B)for a place in Alaska, a level of service at least equal to that provided in 1976 or 2 round trips a week, whichever is great
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Related
Source Credit
History
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1144; Pub. L. 115–254, div. B, title IV, §456, Oct. 5, 2018, 132 Stat. 3350; Pub. L. 118–63, title V, §561(b)(1), (c), May 16, 2024, 138 Stat. 1214, 1215.)
Editorial Notes
In subsection (a), before clause (1), the words "provided under section 41733 of this title" are added for clarity. In clause (2), the words "from an eligible place" are added for clarity.
In subsection (b), before clause (1), the words "Basic essential air service" are substituted for "Such transportation" for clarity and consistency in the revised title. In clause (1)(B), the word "1976" is substituted for "calendar year 1976" to eliminate unnecessary words. The words "appropriate State authority of Alaska" are substituted for "State agency of the State of Alaska" for clarity and consistency with the source provisions restated in section 41734(a) of the revised title. The words "agree to a different level of service" are substituted for "otherwise specified under an agreement" for clarity. In clause (2), the word "prices" is substituted for "rates, fares, and charges" and "fares" because of the definition of "price" in section 40102(a) of the revised title. In clause (3), before subclause (A), the word "boardings" is substituted for "enplanements" for clarity and consistency in the revised title. The words "from 1976-1986" are substituted for "beginning after December 31, 1975, and ending on or before December 31, 1986" to eliminate unnecessary words. In subclause (B), the words "affected community" are substituted for "community concerned" for consistency with the source provisions restated in clause (1)(B) of this section. In clause (5), the words "for at least 60 consecutive operating days" are substituted for "on each of 60 consecutive operating days" for clarity.
Editorial Notes
Amendments
2024—Subsec. (a)(1). Pub. L. 118–63, §561(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or".
Subsec. (a)(2). Pub. L. 118–63, §561(c)(1), inserted "medium or large" after "nearest".
Subsec. (b)(3) to (6). Pub. L. 118–63, §561(c)(2), redesignated par. (5) as (3) and struck out former pars. (3), (4), and (6) which read as follows:
"(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless—
"(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or
"(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.
"(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than—
"(A) 50 percent; or
"(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.
"(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude."
2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).
Statutory Notes and Related Subsidiaries
Restriction on Length of Routes
Pub. L. 118–63, title V, §561(b)(2), (3), May 16, 2024, 138 Stat. 1215, provided that:
"(2) Exception.—The amendment made by paragraph (1) [amending this section] shall not apply to an eligible place that is served by an air carrier selected to receive essential air service compensation under subchapter II of chapter 417 of title 49, United States Code, if—
"(A) such service is in effect upon the date of enactment of this Act [May 16, 2024]; and
"(B) such service is provided by the same air carrier that provided service on the date of enactment of this Act.
"(3) Sunset.—Paragraph (2) shall cease to have effect on October 1, 2028."
In subsection (b), before clause (1), the words "Basic essential air service" are substituted for "Such transportation" for clarity and consistency in the revised title. In clause (1)(B), the word "1976" is substituted for "calendar year 1976" to eliminate unnecessary words. The words "appropriate State authority of Alaska" are substituted for "State agency of the State of Alaska" for clarity and consistency with the source provisions restated in section 41734(a) of the revised title. The words "agree to a different level of service" are substituted for "otherwise specified under an agreement" for clarity. In clause (2), the word "prices" is substituted for "rates, fares, and charges" and "fares" because of the definition of "price" in section 40102(a) of the revised title. In clause (3), before subclause (A), the word "boardings" is substituted for "enplanements" for clarity and consistency in the revised title. The words "from 1976-1986" are substituted for "beginning after December 31, 1975, and ending on or before December 31, 1986" to eliminate unnecessary words. In subclause (B), the words "affected community" are substituted for "community concerned" for consistency with the source provisions restated in clause (1)(B) of this section. In clause (5), the words "for at least 60 consecutive operating days" are substituted for "on each of 60 consecutive operating days" for clarity.
Editorial Notes
Amendments
2024—Subsec. (a)(1). Pub. L. 118–63, §561(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or".
Subsec. (a)(2). Pub. L. 118–63, §561(c)(1), inserted "medium or large" after "nearest".
Subsec. (b)(3) to (6). Pub. L. 118–63, §561(c)(2), redesignated par. (5) as (3) and struck out former pars. (3), (4), and (6) which read as follows:
"(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless—
"(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or
"(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.
"(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than—
"(A) 50 percent; or
"(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.
"(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude."
2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).
Statutory Notes and Related Subsidiaries
Restriction on Length of Routes
Pub. L. 118–63, title V, §561(b)(2), (3), May 16, 2024, 138 Stat. 1215, provided that:
"(2) Exception.—The amendment made by paragraph (1) [amending this section] shall not apply to an eligible place that is served by an air carrier selected to receive essential air service compensation under subchapter II of chapter 417 of title 49, United States Code, if—
"(A) such service is in effect upon the date of enactment of this Act [May 16, 2024]; and
"(B) such service is provided by the same air carrier that provided service on the date of enactment of this Act.
"(3) Sunset.—Paragraph (2) shall cease to have effect on October 1, 2028."
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Bluebook (online)
49 U.S.C. § 41732, Counsel Stack Legal Research, https://law.counselstack.com/usc/49/41732.