14 CFR § 398.9 - Load factor standards.

---
identifier: "/us/cfr/t14/s398.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 398.9 - Load factor standards."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "398.9"
section_name: "Load factor standards."
chapter_name: "OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS)"
subchapter_number: "F"
subchapter_name: "POLICY STATEMENTS"
part_number: "398"
part_name: "GUIDELINES FOR INDIVIDUAL DETERMINATIONS OF BASIC ESSENTIAL AIR SERVICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. Chapters 401, 417; Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 1987)."
regulatory_source: "Docket No. OST-95-397, 60 FR 43529, Aug. 22, 1995, unless otherwise noted."
cfr_part: "398"
---


# 398.9 Load factor standards.

The load factor standards used in this part may be raised for individual eligible places under either of the following circumstances:

(a) The place is served by the carrier as part of a linear route; or

(b) It would be in the interest of the community, the carrier, or the general public to raise the load factor standard for that place.