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49 U.S.C. § 41734 — Ending, suspending, and reducing basic essential air service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice Required.—** Subject to subsection (d), an air carrier may end, suspend, or reduce air transportation to an eligible place below the level of basic essential air service established for that place under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) only after giving the Secretary of Transportation, the appropriate State authority, and the affected communities at least 140 days’ notice before ending, suspending, or reducing that transportation.
**(b) Continuation of Service for 30 Days After Notice Period.—** If at the end of the notice period under subsection (a) of this section the Secretary has not found another air carrier to provide basic essential air service to the eligible place, the Secretary shall require the carrier providing notice to continue to provide basic essential air service to the place for an additional 30-day period or until another carrier begins to provide basic essential air service to the place, whichever occurs first.
**(c) Continuation of Service for Additional 30-Day Periods.—** If at the end of the 30-day period under subsection (b) of this section the Secretary decides another air carrier will not provide basic essential air service to the place on a continuing basis, the Secretary shall require the carrier providing service to continue to provide service for additional 30-day periods until another carrier begins providing service on a continuing basis. At the end of each 30-day period, the Secretary shall decide if another carrier will provide service on a continuing basis.
**(d) Continuation of Compensation After Notice Period.—**
(1) **In general.—** — If an air carrier receiving compensation under section 41733 for providing basic es
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Stable record: federal_law:legal_authorities:record_usc_7b8287c563726c90fa06257c
Source file: Laws/federal/codes/united-states-code/title-49/section-41734-ending-suspending-and-reducing-basic-essential-air-service--0aff0d9f6d.md
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Passage SHA-256: 373975ac03cf8d65fd8e0be68d170621734aca07ca9f1513e535fe6eac946cbe
Source location: Title 49, Chapter 417, § 41734; chapter-417-operations-of-carriers.md
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**(a) Notice Required.—** Subject to subsection (d), an air carrier may end, suspend, or reduce air transportation to an eligible place below the level of basic essential air service established for that place under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) only after giving the Secretary of Transportation, the appropriate State authority, and the affected communities at least 140 days’ notice before ending, suspending, or reducing that transportation.
**(b) Continuation of Service for 30 Days After Notice Period.—** If at the end of the notice period under subsection (a) of this section the Secretary has not found another air carrier to provide basic essential air service to the eligible place, the Secretary shall require the carrier providing notice to continue to provide basic essential air service to the place for an additional 30-day period or until another carrier begins to provide basic essential air service to the place, whichever occurs first.
**(c) Continuation of Service for Additional 30-Day Periods.—** If at the end of the 30-day period under subsection (b) of this section the Secretary decides another air carrier will not provide basic essential air service to the place on a continuing basis, the Secretary shall require the carrier providing service to continue to provide service for additional 30-day periods until another carrier begins providing service on a continuing basis. At the end of each 30-day period, the Secretary shall decide if another carrier will provide service on a continuing basis.
**(d) Continuation of Compensation After Notice Period.—**
(1) **In general.—** — If an air carrier receiving compensation under section 41733 for providing basic essential air service to an eligible place is required to continue to provide service to such place under this section after the 140-day notice period under subsection (a), the Secretary—
(A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a);
(B) may pay an additional amount that represents a reasonable return on investment; and
(C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues.
(2) **Authority.—** — The Secretary may incorporate contract termination penalties or conditions on compensation into a contract for an air carrier to provide service to an eligible place that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service.
**(e) Compensation to Air Carriers Originally Providing Service Without Compensation.—** If the Secretary requires an air carrier providing basic essential air service to an eligible place without compensation under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) to continue providing that service after the 140-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 140-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs.
**(f) Finding Replacement Carriers.—** When the Secretary requires an air carrier to continue to provide basic essential air service to an eligible place, the Secretary shall continue to make every effort to find another air carrier to provide at least that basic essential air service to the place on a continuing basis.
**(g) Transfer of Authority.—** If an air carrier, providing basic essential air service under [section 41733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41733&num=0&edition=prelim) between an eligible place and an airport at which the Administrator of the Federal Aviation Administration limits the number of instrument flight rule takeoffs and landings of aircraft, provides notice under subsection (a) of this section of an intention to end, suspend, or reduce that service and another carrier is found to provide the service, the Secretary shall require the carrier providing notice to transfer any operational authority the carrier has to land or take off at that airport related to the service to the eligible place to the carrier that will provide the service, if—
(1) the carrier that will provide the service needs the authority; and
(2) the authority to be transferred is being used to provide air service to another eligible place.
**(h) Nonconsideration of Slot Availability.—** In determining what is basic essential air service and in selecting an air carrier to provide such service, the Secretary shall not consider as a factor whether slots at a high density airport are available for providing such service.
**(i) Exemption From Hold-In Requirements.—** If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible place that is not receiving scheduled passenger air service as a result of the failure of the eligible place to meet requirements contained in an appropriations Act, the air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to such air transportation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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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
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 1183
TITLE 49—TRANSPORTATION
§ 41734
read as follows: ‘‘the contractual and marketing ar-
rangements the applicant has made with a larger car-
rier to ensure service beyond the hub airport;’’.
Subsec. (c)(1)(C). Pub. L. 118–63, § 561(d)(1)(C), (D), re-
designated subpar. (D) as (C) and substituted ‘‘includ-
ing’’ for ‘‘giving substantial weight to’’. Former sub-
par. (C) struck out.
Pub. L. 118–63, § 561(d)(1)(B), struck out subpar. (C)
which read as follows: ‘‘the interline arrangements that
the applicant has made with a larger carrier to allow
passengers and cargo of the applicant at the hub air-
port to be transported by the larger carrier through one
reservation, ticket, and baggage check-in;’’.
Subsec. (c)(1)(D), (E). Pub. L. 118–63, § 561(d)(1)(C), re-
designated subpars. (E) and (F) as (D) and (E), respec-
tively. Former subpar. (D) redesignated (C).
Subsec. (c)(1)(F). Pub. L. 118–63, § 561(d)(1)(E)–(G),
added subpar. (F). Former subpar. (F) redesignated (E).
Pub. L. 118–63, § 561(d)(1)(C), redesignated subpar. (F)
as (E).
Subsec. (h). Pub. L. 118–63, § 561(d)(2), substituted
‘‘under section 41731(a)(1)(C)’’ for ‘‘by section 332 of the
Department of Transportation and Related Agencies
Appropriations Act, 2000 (Public Law 106–69; 113 Stat.
1022)’’.
Subsec. (i). Pub. L. 118–63, § 565(a)(2), added subsec. (i).
2012—Subsec. (c)(1)(E), (F). Pub. L. 112–95, § 423, added
subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (f). Pub. L. 112–95, § 424, added subsec. (f).
Subsecs. (g), (h). Pub. L. 112–95, § 425, added subsecs.
(g) and (h).
2000—Subsec. (e). Pub. L. 106–181 inserted before pe-
riod at end ‘‘, to the extent such adjustments are to a
level not less than the basic essential air service level
established under subsectio
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41734
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