C.F.R. » Title 14 » CHAPTER II—OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) › SUBCHAPTER F—POLICY STATEMENTS › PART 398—GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE

14 C.F.R. § 398.6

Seat guarantees

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(a) The number of seats guaranteed at the eligible place will be sufficient to accommodate the estimated passenger traffic at an average load factor of 60 percent, except that an average load factor of 50 percent will be used when service is provided with aircraft having fewer than 15 passenger seats.

(b) Only under unusual circumstances will an eligible place's essential air service level be set at a number of flights that will accommodate more than 40 passengers a day in each direction (a total of 80 inbound and outbound passengers). Generally, 40 passengers can be accommodated by guaranteeing 67 seats a day in each direction (a total of 134 inbound and outbound seats).

(c) The Department may guarantee an eligible place more than 67 seats a day if:

(1) The number of stops between or beyond the eligible place and the hub results in available aircraft capacity being shared with passengers at those other places;

(2) The distance between the eligible place and the designated hub requires the use of large aircraft;

(3) The eligible place has suffered an abrupt and significant reduction in its service that warrants a temporary increase in the maximum guaranteed capacity; or

(4) Other unusual circumstances warrant guaranteeing the eligible place more than 67 seats a day.

Notes of Decisions
Cited in 2 cases, 1981–1984 · leading case: State of South Dakota & City of Pierre v. Civil Aeronautics Bd., 740 F.2d 619 (8th Cir. 1984).
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State of South Dakota & City of Pierre v. Civil Aeronautics Bd., 740 F.2d 619 (8th Cir. 1984). “14 C.F.R. § 398.6 (e). The Board found that Mesaba’s fleet of 15-seat Beech 99 aircraft met its requirements.”
Cnty. of Kern & the City of Bakersfield v. Civil Aeronautics Bd. & United Airlines, Inc., 671 F.2d 1223 (9th Cir. 1981). · cites it 3× “14 C.F.R. § 398.6 (a) (1980). 2 Kern County and Bakersfield assert that this regulation, as applied to them, is inconsistent with the Deregulation Act.”
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