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49 U.S.C. § 41743 — Airports not receiving sufficient service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Small Community Air Service Development Program.—** The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service.
**(b) Application Required.—** In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.
**(c) Criteria for Participation.—** In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria:
(1) **Size.—** — On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—
(A) is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and
(B) has—
(i) insufficient air carrier service; or
(ii) unreasonably high air fares.
(2) **Characteristics.—** — The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a).
(3) **State limit.—** — Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year.
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Source location: Title 49, Chapter 417, § 41743; chapter-417-operations-of-carriers.md
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**(a) Small Community Air Service Development Program.—** The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service.
**(b) Application Required.—** In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.
**(c) Criteria for Participation.—** In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria:
(1) **Size.—** — On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—
(A) is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and
(B) has—
(i) insufficient air carrier service; or
(ii) unreasonably high air fares.
(2) **Characteristics.—** — The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a).
(3) **State limit.—** — Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year.
(4) **Overall limit.—**
(A) *In general.—* — No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program.
(B) *Same projects.—* — Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 5-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time.
(C) *Exception.—* — The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium.
(5) **Priorities.—** — The Secretary shall give priority to communities or consortia of communities where—
(A) air fares are higher than the average air fares for all communities;
(B) the community has demonstrated support from at least 1 air carrier to provide service;
(C) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;
(D) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;
(E) the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited;
(F) the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes);
(G) the assistance will be used in a timely fashion; and
(H) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.
**(d) Types of Assistance.—** The Secretary may use amounts made available under this section—
(1) to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal;
(2) to provide assistance to an underserved airport, or an airport where air service has been terminated or substantially reduced, to obtain service to and from the underserved airport; and
(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities.
**(e) Authority To Make Agreements.—**
(1) **In general.—** — The Secretary may make agreements to provide assistance under this section. The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project or the community’s current air service needs.
(2) **Authorization of appropriations.—** — There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2024 through 2028, to carry out this section. Such sums shall remain available until expended.
**(f) Designation of Responsible Official.—** The Secretary shall designate an employee of the Department of Transportation—
(1) to function as a facilitator between small communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;
(4) to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities; and
(5) to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **Airport, commercial service airport, and public agency.—** — The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102.
(2) **Eligible agency.—** — The term “eligible agency” means a public agency that controls a commercial service airport.
(3) **Eligible airport-related project.—** — The term “eligible airport-related project” means any of the following projects:
(A) A project for airport development or airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47119(a).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, wind
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40117
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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
Page 1190
TITLE 49—TRANSPORTATION
§ 41743
and ending on March 31, 2018,’’ for ‘‘and $175,000,000 for
each of fiscal years 2016 and 2017’’.
2016—Subsec. (a)(2). Pub. L. 114–190 substituted ‘‘fiscal
year 2014, $93,000,000 for fiscal year 2015, and $175,000,000
for each of fiscal years 2016 and 2017’’ for ‘‘fiscal year
2014, $93,000,000 for fiscal year 2015, and $122,708,333 for
the period beginning on October 1, 2015, and ending on
July 15, 2016,’’.
Pub. L. 114–141 substituted ‘‘$122,708,333 for the period
beginning on October 1, 2015, and ending on July 15,
2016,’’ for ‘‘$77,500,000 for the period beginning on Octo-
ber 1, 2015, and ending on March 31, 2016,’’.
2015—Subsec.
(a)(2).
Pub.
L.
114–55
substituted
‘‘$93,000,000 for fiscal year 2015, and $77,500,000 for the
period beginning on October 1, 2015, and ending on
March 31, 2016,’’ for ‘‘and $93,000,000 for fiscal year
2015’’.
2012—Subsec. (a)(1). Pub. L. 112–95, § 428(a)(1), inserted
‘‘for each fiscal year’’ before ‘‘is authorized’’ and sub-
stituted ‘‘under this subchapter’’ for ‘‘under this sub-
chapter for each fiscal year’’.
Subsec. (a)(2). Pub. L. 112–95, § 428(a)(2), substituted
‘‘, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal
year 2013, $107,000,000 for fiscal year 2014, and $93,000,000
for fiscal year 2015’’ for ‘‘and $54,699,454 for the period
beginning on October 1, 2011, and ending on February
17, 2012,’’.
Pub. L. 112–91 substituted ‘‘and $54,699,454 for the pe-
riod beginning on October 1, 2011, and ending on Feb-
ruary 17, 2012,’’ for ‘‘and $50,309,016 for the period begin-
ning on October 1, 2011, and ending on January 31,
2012,’’.
Subsec. (b). Pub. L. 112–95, § 428(b), amended subsec.
(b) generally. Prior to amendment, text read as follows:
‘‘Notwithstandi
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41743
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