§ 41732. Basic essential air service

In subsection (a), before clause (1), the words “provided under section 41733 of this title” are added for clarity. In clause (2), the words “from an eligible place” are added for clarity.

In subsection (b), before clause (1), the words “Basic essential air service” are substituted for “Such transportation” for clarity and consistency in the revised title. In clause (1)(B), the word “1976” is substituted for “calendar year 1976” to eliminate unnecessary words. The words “appropriate State authority of Alaska” are substituted for “State agency of the State of Alaska” for clarity and consistency with the source provisions restated in section 41734(a) of the revised title. The words “agree to a different level of service” are substituted for “otherwise specified under an agreement” for clarity. In clause (2), the word “prices” is substituted for “rates, fares, and charges” and “fares” because of the definition of “price” in section 40102(a) of the revised title. In clause (3), before subclause (A), the word “boardings” is substituted for “enplanements” for clarity and consistency in the revised title. The words “from 1976-1986” are substituted for “beginning after , and ending on or before ” to eliminate unnecessary words. In subclause (B), the words “affected community” are substituted for “community concerned” for consistency with the source provisions restated in clause (1)(B) of this section. In clause (5), the words “for at least 60 consecutive operating days” are substituted for “on each of 60 consecutive operating days” for clarity.

2024—Subsec. (a)(1). Pub. L. 118–63, § 561(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or”.

Subsec. (a)(2). Pub. L. 118–63, § 561(c)(1), inserted “medium or large” after “nearest”.

Subsec. (b)(3) to (6). Pub. L. 118–63, § 561(c)(2), redesignated par. (5) as (3) and struck out former pars. (3), (4), and (6) which read as follows:

“(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless—

“(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or

“(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.

“(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than—

“(A) 50 percent; or

“(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.

“(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude.”

2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).