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49 U.S.C. § 41732 — Basic essential air service

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 322 words · no verdicts yet

in plain englishAI-generated · not legal advice

Basic essential air service is scheduled passenger and cargo service to specified nearby hub airports, with minimum frequency, timing, price, aircraft, and pilot requirements.

(a) Basic essential air service under section 41733 is scheduled passenger and cargo transportation: (1) to a medium or large hub less than 650 miles from an eligible place, unless the hub or place is in a noncontiguous State; or (2) to a small hub or nonhub when the place is in Alaska or the nearest medium or large hub is more than 400 miles away. (b) It must include at least: (1)(A) outside Alaska, two daily round trips six days each week, with no more than one intermediate stop per flight; or (B) in Alaska, service at least as good as in 1976 or two round trips each week, whichever is greater, unless the Secretary and Alaska’s appropriate State authority agree to another level after consulting the community; (2) flights at reasonable times considering connecting passengers, at prices not excessive compared with prevailing prices for similar service between similar places; and (3) two-engine aircraft with two pilots, unless the place has not received scheduled service using that combination for at least 60 consecutive operating days at any time since October 31, 1978. (c) Despite section 41733(e), on an eligible place’s request the Secretary may wholly or partly waive subsections (a) and (b), or section 41734(a)–(c), for a limited period the Secretary sets.

the actual law source: uscode.house.gov ↗public domain
(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 greater, except that the Secretary of Transportation and the appropriate State authority of Alaska may agree to a different level of service after consulting with the affected community.

(2)

flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices that are not excessive compared to the generally prevailing prices of other air carriers for like service between similar places.

(3)

service provided in aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation has not been provided to the place in aircraft with at least 2 engines and using 2 pilots for at least 60 consecutive operating days at any time since October 31, 1978.

(c)Waivers.—

Notwithstanding section 41733(e), upon request by an eligible place, the Secretary may waive, in whole or in part, subsections (a) and (b) of this section or subsections (a) through (c) of section 41734. A waiver issued under this subsection shall remain in effect for a limited period of time, as determined by the Secretary.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1144
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3350
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1214, 1215

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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