49 U.S. Code § 41719 - Air service termination notice

§ 41719.

Air service termination notice

(a)In General.—

An air carrier may not terminate interstate air transportation from a nonhub airport included on the Secretary of Transportation’s latest published list of such airports, unless such air carrier has given the Secretary at least 45 days’ notice before such termination.

(b)Exceptions.—The requirements of subsection (a) shall not apply when—

(1)

the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related emergencies, and strikes;

(2)

the termination of transportation is made for seasonal purposes only;

(3)

the carrier involved has operated at the affected nonhub airport for 180 days or less;

(4)

the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or

(5)

the carrier involved makes alternative arrangements, such as a change of aircraft size, or other types of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport.

(c)Waivers for Regional/Commuter Carriers.—

Before January 1, 1995, the Secretary shall establish terms and conditions under which regional/commuter carriers can be excluded from the termination notice requirement.

(d)Definitions.—In this section, the following definitions apply:

(1)Part 121 air carrier.—

The term “part 121 air carrier” means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies.

(2)Part 135 air carrier.—

The term “part 135 air carrier” means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies.

(3)Regional/commuter carriers.—The term “regional/commuter carrier” means—

(A)

a part 135 air carrier; or

(B)

a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.

(4)Termination.—

The term “termination” means the cessation of all service at an airport by an air carrier.

(Added Pub. L. 103–305, title II, § 207(a), Aug. 23, 1994, 108 Stat. 1587, § 41715; amended Pub. L. 103–429, § 6(53), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, § 5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered § 41719, Pub. L. 106–181, title II, § 231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L. 108–176, title II, § 225(b)(1), Dec. 12, 2003, 117 Stat. 2528.)

Historical and Revision Notes

This amends 49:41715(a) to conform to the style of title 49.

Amendments

2003—Subsec. (d). Pub. L. 108–176 redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which defined “nonhub airport”.

2000—Pub. L. 106–181 renumbered section 41715 of this title as this section.

1996—Subsec. (a). Pub. L. 104–287 substituted “Secretary of Transportation’s” for “Secretary’s”.

1994—Subsec. (d)(1). Pub. L. 103–429 substituted “41731(a)(4)” for “41731(a)(3)”.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date

Pub. L. 103–305, title II, § 207(d), Aug. 23, 1994, 108 Stat. 1588, provided that:

“The amendments made by this section [enacting this section and amending section 46301 of this title] shall take effect on February 1, 1995.”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

14 CFR - Aeronautics and Space

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 201 - AIR CARRIER AUTHORITY UNDER SUBTITLE VII OF TITLE 49 OF THE UNITED STATES CODE - [AMENDED]

14 CFR Part 203 - WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

14 CFR Part 204 - DATA TO SUPPORT FITNESS DETERMINATIONS

14 CFR Part 205 - AIRCRAFT ACCIDENT LIABILITY INSURANCE

14 CFR Part 206 - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: SPECIAL AUTHORIZATIONS AND EXEMPTIONS

14 CFR Part 211 - APPLICATIONS FOR PERMITS TO FOREIGN AIR CARRIERS

14 CFR Part 213 - TERMS, CONDITIONS AND LIMITATIONS OF FOREIGN AIR CARRIER PERMITS

14 CFR Part 215 - USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND COMMUTER AIR CARRIERS

14 CFR Part 216 - COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS

14 CFR Part 217 - REPORTING TRAFFIC STATISTICS BY FOREIGN AIR CARRIERS IN CIVILIAN SCHEDULED, CHARTER, AND NONSCHEDULED SERVICES

14 CFR Part 221 - TARIFFS

14 CFR Part 241 - UNIFORM SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR CARRIERS

14 CFR Part 248 - SUBMISSION OF AUDIT REPORTS

14 CFR Part 249 - PRESERVATION OF AIR CARRIER RECORDS

14 CFR Part 250 - OVERSALES

14 CFR Part 271 - GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION

14 CFR Part 294 - CANADIAN CHARTER AIR TAXI OPERATORS

14 CFR Part 296 - INDIRECT AIR TRANSPORTATION OF PROPERTY

14 CFR Part 297 - FOREIGN AIR FREIGHT FORWARDERS AND FOREIGN COOPERATIVE SHIPPERS ASSOCIATIONS

14 CFR Part 298 - EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CARRIER OPERATIONS

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 303 - REVIEW OF AIR CARRIER AGREEMENTS

14 CFR Part 305 - RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR Part 323 - TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE

14 CFR Part 325 - ESSENTIAL AIR SERVICE PROCEDURES

14 CFR Part 372 - OVERSEAS MILITARY PERSONNEL CHARTERS

14 CFR Part 374a - EXTENSION OF CREDIT BY AIRLINES TO FEDERAL POLITICAL CANDIDATES

14 CFR Part 385 - STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

14 CFR Part 398 - GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE

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