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49 U.S.C. § 41733 — Level of basic essential air service
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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Source location: Title 49, Chapter 417, § 41733; chapter-417-operations-of-carriers.md
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**(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 may apply to provide basic essential air service to the place for compensation under this section. In selecting an applicant, the Secretary shall consider, among other factors—
(A) the demonstrated reliability of the applicant in providing scheduled air service;
(B) the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;
(C) the preferences of the actual and potential users of air transportation at the eligible place, including the views of the elected officials representing the users;
(D) whether the air carrier has included a plan in its proposal to market its services to the community;
(E) for an eligible place in Alaska, the experience of the applicant in providing, in Alaska, scheduled air service, or significant patterns of non-scheduled air service under an exemption granted under section 40109(a) and (c)–(h) of this title; and
(F) the total compensation proposed by the air carrier for providing scheduled air service under this section.
(2) Under guidelines prescribed under [section 41737(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41737/a&num=0&edition=prelim), the Secretary shall pay the rate of compensation for providing basic essential air service under this section and [section 41734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41734&num=0&edition=prelim).
**(d) Compensation Payments.—** The Secretary shall pay compensation under this section at times and in the way the Secretary decides is appropriate. The Secretary shall end payment of compensation to an air carrier for providing basic essential air service to an eligible place when the Secretary decides the compensation is no longer necessary to maintain basic essential air service to the place.
**(e) Review.—** The Secretary shall review periodically the level of basic essential air service for each eligible place. Based on the review and consultations with an interested community and the appropriate State authority of the State in which the community is located, the Secretary may make appropriate adjustments in the level of service, to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport that serves the community.
**(f) Notice to Communities Prior to Termination of Eligibility.—**
(1) **In general.—** — The Secretary shall notify each community receiving basic essential air service for which compensation is being paid under this subchapter on or before the 45th day before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap.
(2) **Procedures to avoid termination.—** — The Secretary shall establish, by order, procedures by which each community notified of an impending loss of subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would not exceed the subsidy cap.
(3) **Assistance provided.—** — The Secretary shall provide, by order, information to each community notified under paragraph (1) regarding—
(A) the procedures established pursuant to paragraph (2); and
(B) the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with basic essential air service and the subsidy cap.
**(g) Proposals of State and Local Governments to Restore Eligibility.—**
(1) **In general.—** — If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap or that the place is no longer an eligible place pursuant to section 41731(a)(1)(B), a State or local government may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.
(2) **Determination by secretary.—** — The Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c) if—
(A) a State or local government submits to the Secretary a proposal under paragraph (1); and
(B) the Secretary determines that—
(i) the rate of subsidy per passenger under the proposal does not exceed the subsidy cap;
(ii) the proposal is likely to result in an average number of enplanements per day that will satisfy the requirement in section 41731(a)(1)(B); and
(iii) the proposal is consistent with the legal and regulatory requirements of the essential air service program.
**(h) Subsidy Cap Defined.—** In this section, the term “subsidy cap” means the subsidy-per-passenger cap established under section 41731(a)(1)(C).
**(i) Community Petition for Review.—**
(1) **Petition.—** — An appropriate representative of an eligible place, as defined by the Secretary, may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier—
(A) is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to such place;
(B) is experiencing reliability challenges with the potential to adversely affect air service to such place; or
(C) is no longer able to provide service to such place at the rate of compensation specified by the Secretary.
(2) **Review.—** — Not later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to such place that submitted such petition and determine whether such air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to such place.
(3) **Termination.—** — If based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may—
(A) terminate the order issued to the air carrier; and
(B) issue a notice pursuant to subsection (c) that an air carrier may apply to provide basic essential air service to such place for compensation under this section and select an applicant pursuant to such subsection.
(4) **Continuation of service.—** — If the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected place.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Authorization.—** — Out of the amounts received by the Federal Aviation Administration credited to the account established under [section 45303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section45303&num=0&edition=prelim) or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter.
(2) **Additional funds.—** — In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance.
(3) **Authorization for additional employees.—** — In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program.
**(b) Distribution of Additional Funds.—** Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $5
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41742
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41734
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41732
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Federal law — U.S. Code and appendices · legal_authorities
Page 1181
TITLE 49—TRANSPORTATION
§ 41733
‘‘(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.’’
§ 41733. Level of basic essential air service
(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 essen-
tial air transportation, when the Secretary re-
ceives 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 Sec-
retary 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 in-
terested 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 eligi-
ble place under this subsection, the Secretary,
on petition by an appropriate representative of
the place, as defined by the Secretary, shall pro-
hibit an air carrier from ending, suspending, or
reducing air transpo
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41733
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