108 STAT. 1144 PUBLIC LAW 103-272—JULY 5, 1994 (4) "nonhub airport" means an airport that each year has less than.05 percent of the total annual boardings in the United States. (5) "small hub airport" means an airport that each year has at least.05 percent, but less than.25 percent, of the total annual boardings in the United States. (b) LIMITATION ON AUTHORITY TO DECIDE A PLACE NOT AN ELIGIBLE PLACE. —The Secretary of Transportation may not decide that a place described in subsection (a)(1) of this section is not an eligible place on the basis of a passenger subsidy at that place or on another basis that is not specifically stated in this subchapter. §41732. Basic essential air service (a) GENERAL.— Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and cargo— (1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or (2) to a small hub or nonhub airport, when in Alaska or when the nearest hub airport is more than 400 miles from an eligible place. (b) MINIMUM REQUIREMENTS.— Basic essential air service shall include at least the following: (1)(A) for a place not in Alaska, 2 daily round trips 6 days a week, with not more than one intermediate stop on each flight; or (B) for a place in Alaska, a level of service at least equal to that provided in 1976 or 2 round trips a week, whichever is greater, except that the Secretary of Transportation and the appropriate State authority of Alaska may agree to a dif- ferent level of service after consulting with the affected community. (2) flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices that are not excessive compared to the generally prevailing prices of other air carriers for like service between similar places. (3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless— (A) that level-of-service requirement would require pay- ing compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or (B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place. (4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than— (A) 50 percent; or (B) 60 percent when service is provided by aircraft with more than 14 passenger seats.
�
