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Title 49 — Transportation

Part A · Chapter 417 — Operations of Carriers

§ 41719. Air service termination notice

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–305 title II § 207(a) · 108 Stat. 1569

    Enacted · 49 U.S.C. § 41719

    Added Pub. L. 103–305, title II, § 207(a), Aug. 23, 1994, 108 Stat. 1587, § 41715

    Source evidence

    Code source credit
    Added Pub. L. 103–305, title II, § 207(a), Aug. 23, 1994, 108 Stat. 1587, § 41715

    Enacted provision · exact public law section
    (a) In General.— Subchapter I of chapter 417 of subtitle VII is further amended by adding at the end the following new section:

  2. Pub. L. 103–429 § 6(53) · 108 Stat. 4377

    Substituted · 49 U.S.C. § 41719(d)(1)

    Pub. L. 103–429 substituted “41731(a)(4)” for “41731(a)(3)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 103–429 substituted “41731(a)(4)” for “41731(a)(3)”.

    Enacted provision · exact public law section
    (53) In section 41715(d)(1), strike “41731(a)(3)” and substitute “41731(a)(4)”.

  3. Pub. L. 104–287 § 5(73) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 41719(a)

    Pub. L. 104–287 substituted “Secretary of Transportation’s” for “Secretary’s”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–287 substituted “Secretary of Transportation’s” for “Secretary’s”.

    Enacted provision · exact public law section
    (73) In section 41715(a), strike “Secretary’s” and substitute “Secretary of Transportation’s”.

  4. Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 title II § 231(b)(1) · 114 Stat. 61

    Changed · 49 U.S.C. § 41719

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

    Source evidence

    Code amendment note
    Pub. L. 106–181 renumbered section 41715 of this title as this section.

    Enacted provision · exact public law section
    (1) by redesignating sections 41715 and 41716 as sections 41719 and 41720; and

  5. Pub. L. 108–176 title II § 225(b)(1) · 117 Stat. 2490

    1. Redesignated · 49 U.S.C. § 41719(d)

      Pub. L. 108–176 redesignated pars. (2) to (5) as (1) to (4), respectively

    2. Struck · 49 U.S.C. § 41719(d)

      Pub. L. 108–176 struck out former par. (1) which defined “nonhub airport”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Air service termination notice.— Section 41719(d) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.

    Effective date note
    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.

6 of 6 references resolved to an enrolled provision

Notes

Historical and Revision Notes

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

Editorial Notes

Amendments1994–2003 · 4 rounds

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

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)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , 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), , 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 .”

Credits

1994–2003 · 5 acts
  1. 1994Added Pub. L. 103–305, title II, § 207(a), , 108 Stat. 1587, § 41715
  2. 1994amended Pub. L. 103–429, § 6(53), , 108 Stat. 4385
  3. 1996Pub. L. 104–287, § 5(73), , 110 Stat. 3396
  4. 2000renumbered § 41719, Pub. L. 106–181, title II, § 231(b)(1), , 114 Stat. 108
  5. 2003Pub. L. 108–176, title II, § 225(b)(1), , 117 Stat. 2528.
Show as published

(Added Pub. L. 103–305, title II, § 207(a), , 108 Stat. 1587, § 41715; amended Pub. L. 103–429, § 6(53), , 108 Stat. 4385; Pub. L. 104–287, § 5(73), , 110 Stat. 3396; renumbered § 41719, Pub. L. 106–181, title II, § 231(b)(1), , 114 Stat. 108; Pub. L. 108–176, title II, § 225(b)(1), , 117 Stat. 2528.)

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