§ 41719. Air service termination notice

• (a) 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) 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) 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) In this section, the following definitions apply:
  • (1) The term “part 121 air carrier” means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies.
  • (2) The term “part 135 air carrier” means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies.
  • (3) 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) The term “termination” means the cessation of all service at an airport by an air carrier.