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49 U.S.C. § 41732 — Basic essential air service
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** Basic essential air service provided under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) 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
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Source location: Title 49, Chapter 417, § 41732; chapter-417-operations-of-carriers.md
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**(a) General.—** Basic essential air service provided under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Decisions Made Before October 1, 1988.—** For each eligible place for which a decision was made before October 1, 1988, under section 419 of the Federal Aviation Act of 1958, establishing the level of essential air transportation, the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place by not later than December 29, 1988.
**(b) Decisions Not Made Before October 1, 1988.—**
(1) The Secretary shall decide on the level of basic essential air service for each eligible place for which a decision was not made before October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to that place will be provided by only one air carrier. The Secretary shall make the decision by the last day of the 6-month period beginning on the date the Secretary receives the notice. The Secretary may impose notice requirements necessary to carry out this subsection. Before making a decision, the Secretary shall consider the views of any interested community and the appropriate State authority of the State in which the community is located.
(2) Until the Secretary has made a decision on a level of basic essential air service for an eligible place under this subsection, the Secretary, on petition by an appropriate representative of the place, as defined by the Secretary, shall prohibit an air carrier from ending, suspending, or reducing air transportation to that place that appears to deprive the place of basic essential air service.
**(c) Availability of Compensation.—**
(1) If the Secretary decides that basic essential air service will not be provided to an eligible place without compensation, the Secretary shall provide notice that an air carrier
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41733
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** In this subchapter—
(1) “eligible place” means a place in the United States that—
(A)
(i)
(I) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988;
(II) received scheduled air transportation at any time after January 1, 1990; and
(III) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or
(ii) was determined, on or after October 1, 1988, and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190), under this subchapter by the Secretary of Transportation to be eligible to receive subsidized small community air service under section 41736(a);
(B) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after September 30, 2012;
(C) had an average subsidy per passenger, as determined by the Secretary—
(i) of less than $1,000 during the most recent fiscal year beginning before October 1, 2026, regardless of driving miles to the nearest large or medium hub airport;
(ii) of less than $850 during the most recent fiscal year beginning after September 30, 2026, regardless of driving miles to the nearest medium or large hub airport; and
(iii) of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and
(D) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—
(i) received essential air service for which compensation was provided to an air carrier under this subchapter; or
(ii) received a 140-da
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41731
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Federal law — U.S. Code and appendices · legal_authorities
Page 1180
TITLE 49—TRANSPORTATION
§ 41732
Pub. L. 105–277, div. A, § 101(g) [title III, § 334], Oct. 21,
1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, § 336, Oct. 27, 1997, 111 Stat.
1447.
§ 41732. Basic essential air service
(a) GENERAL.—Basic essential air service pro-
vided under section 41733 of this title is sched-
uled
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 eli-
gible 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 ap-
propriate 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 pre-
vailing 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,
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41732
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