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U.S. Code as of:
01/19/04
Section 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.
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