§ 41743. Airports not receiving sufficient service

2,613 words·~12 min read·/usc/title-49/section-41743

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Small Community Air Service Development Program.— The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service.

(b)Application Required.— In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—

(1)an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and

(2)an analysis of the application of the criteria in subsection

(c)to that community or consortium.

(c)Criteria for Participation.— In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria:

(1)Size.— On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—

(A)is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and

(B)has—

(i)insufficient air carrier service; or

(ii)unreasonably high air fares.

(2)Characteristics.— The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a).

(3)State limit.— Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year.

(4)Overall limit.—

(A)In general.— No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program.

(B)Same projects.— Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 5-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time.

(C)Exception.— The Secretary may waive the limitation under subparagraph

(B)related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium.

(5)Priorities.— The Secretary shall give priority to communities or consortia of communities where—

(A)air fares are higher than the average air fares for all communities;

(B)the community has demonstrated support from at least 1 air carrier to provide service;

(C)the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;

(D)the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;

(E)the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited;

(F)the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes);

(G)the assistance will be used in a timely fashion; and

(H)multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.

(d)Types of Assistance.— The Secretary may use amounts made available under this section—

(1)to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal;

(2)to provide assistance to an underserved airport, or an airport where air service has been terminated or substantially reduced, to obtain service to and from the underserved airport; and

(3)to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities.

(e)Authority To Make Agreements.—

(1)In general.— The Secretary may make agreements to provide assistance under this section. The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project or the community’s current air service needs.

(2)Authorization of appropriations.— There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2024 through 2028, to carry out this section. Such sums shall remain available until expended.

(f)Designation of Responsible Official.— The Secretary shall designate an employee of the Department of Transportation—

(1)to function as a facilitator between small communities and air carriers;

(2)to carry out this section;

(3)to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;

(4)to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities; and

(5)to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.

(Added Pub. L. 106–181, title II, § 203(a), Apr. 5, 2000, 114 Stat. 92; amended Pub. L. 108–11, title II, § 2708, Apr. 16, 2003, 117 Stat. 601; Pub. L. 108–176, title II, § 225(b)(3), title IV, § 412, Dec. 12, 2003, 117 Stat. 2529, 2551; Pub. L. 110–330, § 5(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–69, § 5(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–249, § 5(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 112–30, title II, § 205(b), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, § 5(b), Jan. 31, 2012, 126 Stat. 4;