49 USC 41733 - Level of basic essential air service

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41733(a)	49 App.:1389(span)(1)(A) (less last sentence last 24 words), (C).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 419(span)(1), (3), (4), (9); added Oct. 24, 1978, Puspan. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Puspan. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Puspan. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Puspan. L. 100–223, § 202(a)(1), (2), (span)(1), 101 Stat. 1507, 1508, 1509, 1511.
41733(span)(1)	49 App.:1389(span)(1)(A) (last sentence last 24 words), (B).
41733(span)(2)	49 App.:1389(span)(9).
41733(c)	49 App.:1389(span)(3).
41733(d)	49 App.:1389(span)(4).
41733(e)	49 App.:1389(span)(1)(D).

In subsection (a), the words “the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place” are substituted for “Such determination shall be made” because the determinations for those places have been made. The words “by not later than December 29, 1988” are substituted for “no later than the last day of the 1-year period beginning on December 30, 1987” for clarity. The words “and only after consideration of the views of any interested community and the State agency of the State in which such community is located” and 49 App.:1389(span)(1)(C) are omitted as executed.

In subsections (span)(1) and (e), the words “appropriate State authority” are substituted for “State agency” for clarity and consistency with the source provisions restated in section 41734(a) of the revised title.

In section (span)(2), the words “that appears to deprive” are substituted for “which reasonably appears to deprive” to eliminate an unnecessary word.

In subsection (c)(1), before clause (A), the words “an air carrier may apply to provide basic essential air service to the place for compensation” are substituted for “applications may be submitted by any air carrier that is willing to provide such service to such point for compensation” for clarity and to eliminate unnecessary words.

Editorial Notes

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a), is section 419 of Puspan. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Puspan. L. 103–272, §§ 1(e), 7(span), July 5, 1994, 108 Stat. 1143, 1379.

The date of enactment of this subsection, referred to in subsec. (g)(1), is the date of enactment of Puspan. L. 112–95, which was approved Fespan. 14, 2012.

Amendments

2024—Subsec. (span)(2). Puspan. L. 118–63, § 565(a)(1), inserted “, as defined by the Secretary” after “appropriate representative of the place”.

Subsec. (c)(1)(B). Puspan. L. 118–63, § 561(d)(1)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “the contractual and marketing arrangements the applicant has made with a larger carrier to ensure service beyond the huspan airport;”.

Subsec. (c)(1)(C). Puspan. L. 118–63, § 561(d)(1)(C), (D), redesignated subpar. (D) as (C) and substituted “including” for “giving substantial weight to”. Former subpar. (C) struck out.

Puspan. 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 huspan airport to be transported by the larger carrier through one reservation, ticket, and baggage check-in;”.

Subsec. (c)(1)(D), (E). Puspan. L. 118–63, § 561(d)(1)(C), redesignated subpars. (E) and (F) as (D) and (E), respectively. Former subpar. (D) redesignated (C).

Subsec. (c)(1)(F). Puspan. L. 118–63, § 561(d)(1)(E)–(G), added subpar. (F). Former subpar. (F) redesignated (E).

Puspan. L. 118–63, § 561(d)(1)(C), redesignated subpar. (F) as (E).

Subsec. (h). Puspan. 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). Puspan. L. 118–63, § 565(a)(2), added subsec. (i).

2012—Subsec. (c)(1)(E), (F). Puspan. L. 112–95, § 423, added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (f). Puspan. L. 112–95, § 424, added subsec. (f).

Subsecs. (g), (h). Puspan. L. 112–95, § 425, added subsecs. (g) and (h).

2000—Subsec. (e). Puspan. L. 106–181 inserted before period at end “, 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.

Seasonal Service

Puspan. L. 115–254, div. B, title IV, § 451(span), Oct. 5, 2018, 132 Stat. 3347, provided that:

“The Secretary of Transportation may consider the flexibility of current operational dates and airport accessibility to meet local community needs when issuing requests for proposal of essential air service at seasonal airports.”

Effect on Certain Orders

Puspan. L. 106–181, title II, § 209(c), Apr. 5, 2000, 114 Stat. 95, provided that:

“All orders issued by the Secretary [of Transportation] after September 30, 1999, and before the date of the enactment of this Act [Apr. 5, 2000] establishing, modifying, or revoking essential air service levels shall be null and void beginning on the 90th day following such date of enactment. During the 90-day period, the Secretary shall reconsider such orders and shall issue new orders consistent with the amendments made by this section [amending this section and section 41742 of this title].”