Considerations in the determination of essential air service.
(a) In the determination of essential air service to an eligible Freely Associated State place, the Department shall consider, among other factors, the following:
(1) The demonstrated level of traffic demand;
(2) The amount of compensation necessary to maintain a level of service sufficient to meet that demand;
(3) The extent to which the demand may be accommodated by connecting or other services of U.S., Freely Associated State, or foreign carriers by air—through U.S., Freely Associated State, or foreign places—that provide access to the U.S. air transportation system;
(4) Alternative modes of transportation that may be available; and
(5) The peculiar needs of the Freely Associated States for air transportation services.
(b) The Guidelines for Individual Determinations of essential air service set forth in part 398 of this chapter shall be applied only to the extent the Department concludes that they are applicable to the special circumstances affecting transportation to the Freely Associated States and reflective of the provisions of this part.
(c) Nothing in this part shall be construed as providing for a level of essential air service that would exceed the level of service justified by the considerations set forth in paragraph (a) of this section.
[Amdt. 272-1, 52 FR 5443, Feb. 23, 1987, as amended at 60 FR 43525, Aug. 22, 1995]