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119th Congress

Title 49 — Transportation

Part A · Chapter 417 — Operations of Carriers

§ 41731. Definitions

Statutory text

(a)

General.—

In this subchapter—

(1)

“eligible place” means a place in the United States that—

(A)
(i)
(I)

was an eligible point under section 419 of the Federal Aviation Act of 1958 before ;

(II)

received scheduled air transportation at any time after ; and

(III)

is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or

(ii)

was determined, on or after , and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190), under this subchapter by the Secretary of Transportation to be eligible to receive subsidized small community air service under section 41736(a);

(B)

had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after ;

(C)

had an average subsidy per passenger, as determined by the Secretary—

(i)

of less than $1,000 during the most recent fiscal year beginning before , regardless of driving miles to the nearest large or medium hub airport;

(ii)

of less than $850 during the most recent fiscal year beginning after , regardless of driving miles to the nearest medium or large hub airport; and

(iii)

of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and

(D)

is a community that, at any time during the period between , and , inclusive—

(i)

received essential air service for which compensation was provided to an air carrier under this subchapter; or

(ii)

received a 140-day notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.

(2)

“enhanced essential air service” means scheduled air transportation to an eligible place of a higher level or quality than basic essential air service described in section 41732 of this title.

(b)

Limitation on Authority To Decide a Place Not an Eligible Place.—

The Secretary may not decide that a place described in subsection (a)(1) of this section is not an eligible place on any basis that is not specifically stated in this subchapter.

(c)

Exception for Locations in Alaska and Hawaii.—

Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the State of Alaska or the State of Hawaii.

(d)

Exceptions for Locations More Than 175 Driving Miles From the Nearest Large or Medium Hub Airport.—

Subsection (a)(1)(B) shall not apply with respect to locations that are more than 175 driving miles from the nearest large or medium hub airport.

(e)

Waivers.—

(1)

In general.—

The Secretary may waive, on an annual basis, subsections (a)(1)(B) and (a)(1)(C)(iii) with respect to an eligible place if such place demonstrates to the Secretary’s satisfaction that the reason the eligibility requirements of such subsections are not met is due to a temporary decline in demand.

(2)

Limitation.—

Beginning with fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(B) to any location—

(A)

in more than 2 consecutive fiscal years; or

(B)

in more than 5 fiscal years within 25 consecutive years.

(3)

Limitation.—

Beginning in fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(C)(iii) to any location—

(A)

in more than 2 consecutive fiscal years; or

(B)

in more than 5 fiscal years within 25 consecutive years.

(f)

Definition.—

For purposes of subsection (a)(1)(B), the term “enplanements” means the number of passengers enplaning, at an eligible place, on flights operated by the subsidized essential air service carrier.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 41731

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

    Pub. L. 106–181 title II § 208 · 114 Stat. 61

    1. Redesignated · 49 U.S.C. § 41731(a)(1)

      Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A)

    2. Added · 49 U.S.C. § 41731(a)(1)

      Pub. L. 106–181 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 208. DEFINITION OF ELIGIBLE PLACE. Section 41731(a)(1) is amended— (1) by inserting “(i)” after “(A)”; (2) by striking “(B)” and inserting “(ii)”; (3) by striking “(C)” and inserting “(in)”; (4) by striking “subchapter.” and inserting “subchapter; or”; and (5) by adding at the end the following: “(B) determined, on or after October 1, 1988, and before the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, under this subchapter by the Secretary to be eligible to receive subsidized small community air service under section 41736(a).”.

  3. Pub. L. 108–176 title II § 225(b)(2) · 117 Stat. 2490

    Struck · 49 U.S.C. § 41731(a)(3)(5)

    Pub. L. 108–176 struck out pars. (3) to (5) which defined “hub airport”, “nonhub airport”, and “small hub airport”, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(3) to (5). Pub. L. 108–176 struck out pars. (3) to (5) which defined “hub airport”, “nonhub airport”, and “small hub airport”, respectively.

    Enacted provision · exact public law section
    (2) Small community air service.— Section 41731(a) is amended by striking paragraphs (3) through (5).

    Effective date note
    Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

  4. Airport and Airway Extension Act of 2011, Part IV

    Pub. L. 112–27 § 6(a) · 125 Stat. 271

    1. Redesignated · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), redesignated cls. (i) to (iii) of subpar. (A) as subcls. (I) to (III), respectively

    2. Redesignated · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively

    3. Inserted · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), inserted “(A)” before “(i)(I)” in subcl. (I) of cl. (i)

    4. Substituted · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), substituted “was determined” for “determined” semicolon for period at end in cl. (ii) of subpar. (A)

    5. Substituted · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), substituted “Secretary of Transportation” for “Secretary” semicolon for period at end in cl. (ii) of subpar. (A)

    6. Added · 49 U.S.C. § 41731(a)(1)

      Pub. L. 112–27, § 6(a), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–27, § 6(a), redesignated cls. (i) to (iii) of subpar. (A) as subcls. (I) to (III), respectively, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, inserted “(A)” before “(i)(I)” in subcl. (I) of cl. (i), substituted “was determined” for “determined”, “Secretary of Transportation” for “Secretary”, and semicolon for period at end in cl. (ii) of subpar. (A), and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (a) In General.— Section 41731(a)(1) of title 49, United States Code, is amended— (1) in subparagraph (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in clause (i)(I) (as so redesignated) by inserting “(A)” before “(i)(I)”; (4) in subparagraph (A)(ii) (as so redesignated)— (A) by striking “determined” and inserting “was determined”; (B) by striking “Secretary” and inserting “Secretary of Transportation”; and (C) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: “(B) is located not less than 90 miles from the nearest medium or large hub airport; and “(C) had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary.” .

  5. Airport and Airway Extension Act of 2011, Part IV

    Pub. L. 112–27 § 6(b) · 125 Stat. 271

    1. Substituted · 49 U.S.C. § 41731(b)

      Pub. L. 112–27, § 6(b), substituted “Secretary” for “Secretary of Transportation”

    2. Substituted · 49 U.S.C. § 41731(b)

      Pub. L. 112–27, § 6(b), substituted “on any basis” for “on the basis of a passenger subsidy at that place or on another basis”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–27, § 6(b), substituted “Secretary” for “Secretary of Transportation” and “on any basis” for “on the basis of a passenger subsidy at that place or on another basis”.

    Enacted provision · exact public law section
    (b) Limitation on Authority To Decide a Place Not an Eligible Place.— Section 41731(b) of such title is amended— (1) by striking “Secretary of Transportation” and inserting “Secretary”; and (2) by striking “on the basis of a passenger subsidy at that place or on another basis” and inserting “on any basis”.

  6. Airport and Airway Extension Act of 2011, Part IV

    Pub. L. 112–27 § 6(c) · 125 Stat. 271

    Added · 49 U.S.C. § 41731(c); 49 U.S.C. § 41731(d)

    Pub. L. 112–27, § 6(c), added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 112–27, § 6(c), added subsecs. (c) and (d).

    Enacted provision · exact public law section
    (c) Exceptions and Waivers.— Section 41731 of such title is amended by adding at the end the following: “(c) Exceptions for Locations in Alaska.— Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska. “(d) Waivers.— The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport.” .

  7. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 421(1) · 126 Stat. 11

    Amended · 49 U.S.C. § 41731(a)(1)(B)

    Pub. L. 112–95, § 421(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “is located not less than 90 miles from the nearest medium or large hub airport; and”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 112–95, § 421(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “is located not less than 90 miles from the nearest medium or large hub airport; and”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1) by amending subparagraph (B) to read as follows: “(B) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after September 30, 2012;” ;

  8. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 422 · 126 Stat. 11

    Added · 49 U.S.C. § 41731(a)(1)(D)

    Pub. L. 112–95, § 422, added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 112–95, § 422, added subpar. (D).

    Enacted provision · exact public law section
    SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.   Section 41731(a)(1) is further amended— (1) in subparagraph (C) by striking the period at the end and inserting “; and”; and (2) by adding at the end the following: “(D) Time period. is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— “(i) received essential air service for which compensation was provided to an air carrier under this subchapter; or “(ii) received a 90-day notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.” .

  9. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 421(2) · 126 Stat. 11

    Amended · 49 U.S.C. § 41731(c)

    Pub. L. 112–95, § 421(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–95, § 421(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska.”

    Enacted provision · exact public law section
    (2) by amending subsection (c) to read as follows: “(c) Exception for Locations in Alaska and Hawaii.— Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the State of Alaska or the State of Hawaii.” ;

  10. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 421(3) · 126 Stat. 11

    Amended · 49 U.S.C. § 41731(d)

    Pub. L. 112–95, § 421(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–95, § 421(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport.”

    Enacted provision · exact public law section
    (3) by amending subsection (d) to read as follows: “(d) Exceptions for Locations More Than 175 Driving Miles From the Nearest Large or Medium Hub Airport.— Subsection (a)(1)(B) shall not apply with respect to locations that are more than 175 driving miles from the nearest large or medium hub airport.” ; and

  11. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 421(4) · 126 Stat. 11

    Added · 49 U.S.C. § 41731(e); 49 U.S.C. § 41731(f)

    Pub. L. 112–95, § 421(4), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 112–95, § 421(4), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(e) Waivers.— For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements. “(f) Definition.— For purposes of subsection (a)(1)(B), the term ‘enplanements’ means the number of passengers enplaning, at an eligible place, on flights operated by the subsidized essential air service carrier.” .

  12. FAA Reauthorization Act of 2018

    Pub. L. 115–254 div. B title IV § 453(a) · 132 Stat. 3187

    Substituted · 49 U.S.C. § 41731(a)(1)(A)(ii)

    Pub. L. 115–254 substituted “FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190),” for “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted “FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190),” for “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,”.

    Enacted provision · exact public law section
    (a) Definitions.— Section 41731(a)(1)(A)(ii) of title 49, United States Code, is amended by striking “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,” and inserting “FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190),”.

  13. Pub. L. 118–63 § 561(a)(1) · 138 Stat. 1214

    Amended · 49 U.S.C. § 41731(a)(1)(C)

    Pub. L. 118–63, § 561(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary; and”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 118–63, § 561(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary; and”.

  14. Pub. L. 118–63 § 561(a)(2) · 138 Stat. 1214

    Substituted · 49 U.S.C. § 41731(a)(1)(D)(ii)

    Pub. L. 118–63, § 561(a)(2), substituted “140-day” for “90-day”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D)(ii). Pub. L. 118–63, § 561(a)(2), substituted “140-day” for “90-day”.

  15. Pub. L. 118–63 § 561(a)(3) · 138 Stat. 1214

    Amended · 49 U.S.C. § 41731(e)

    Pub. L. 118–63, § 561(a)(3), amended subsec. (e) generally. Prior to amendment, text read as follows: “For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements.”

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 118–63, § 561(a)(3), amended subsec. (e) generally. Prior to amendment, text read as follows: “For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements.”

19 of 22 references resolved to an enrolled provision · 3 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
41731(a)(1)49 App.:1389(a)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 419(a); added Oct. 24, 1978, Pub. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, § 202(a)(1), (2), (b)(1), 101 Stat. 1507, 1508; restated Nov. 5, 1990, Pub. L. 101–508, § 9113(a), 104 Stat. 1388–363.
41731(a)(2)49 App.:1389(k)(2).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 419(k)(2)–(5); added Oct. 24, 1978, Pub. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, § 202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517.
41731(a)(3)49 App.:1389(k)(3).
41731(a)(4)49 App.:1389(k)(4).
41731(a)(5)49 App.:1389(k)(5).
41731(b)49 App.:1389(a)(2).

In this subchapter (except subsection (a)(1)(A) of this section), the word “place” is substituted for “point” for clarity and consistency in the revised title.

In subsection (a)(1)(A), the words “was an eligible point . . . before ” are substituted for “is defined as an eligible point . . . as in effect before ” for clarity and to eliminate unnecessary words.

In subsection (a)(2), the words “described in section 41732 of this title” are added for clarity.

In subsection (a)(3)–(5), the word “boardings” is substituted for “enplanements” for clarity and consistency in the revised title.

Editorial Notes

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is section 419 of Pub. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§ 1(e), 7(b), , 108 Stat. 1143, 1379.

The date of the enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(1)(A)(ii), is the date of enactment of Pub. L. 114–190, which was approved .

Amendments2000–2024 · 6 rounds

2024

Subsec. (a)(1)(C). Pub. L. 118–63, § 561(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary; and”.

Subsec. (a)(1)(D)(ii). Pub. L. 118–63, § 561(a)(2), substituted “140-day” for “90-day”.

Subsec. (e). Pub. L. 118–63, § 561(a)(3), amended subsec. (e) generally. Prior to amendment, text read as follows: “For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements.”

2018

Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted “FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190),” for “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,”.

2012

Subsec. (a)(1)(B). Pub. L. 112–95, § 421(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “is located not less than 90 miles from the nearest medium or large hub airport; and”.

Subsec. (a)(1)(D). Pub. L. 112–95, § 422, added subpar. (D).

Subsec. (c). Pub. L. 112–95, § 421(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska.”

Subsec. (d). Pub. L. 112–95, § 421(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport.”

Subsecs. (e), (f). Pub. L. 112–95, § 421(4), added subsecs. (e) and (f).

2011

Subsec. (a)(1). Pub. L. 112–27, § 6(a), redesignated cls. (i) to (iii) of subpar. (A) as subcls. (I) to (III), respectively, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, inserted “(A)” before “(i)(I)” in subcl. (I) of cl. (i), substituted “was determined” for “determined”, “Secretary of Transportation” for “Secretary”, and semicolon for period at end in cl. (ii) of subpar. (A), and added subpars. (B) and (C).

Subsec. (b). Pub. L. 112–27, § 6(b), substituted “Secretary” for “Secretary of Transportation” and “on any basis” for “on the basis of a passenger subsidy at that place or on another basis”.

Subsecs. (c), (d). Pub. L. 112–27, § 6(c), added subsecs. (c) and (d).

2003

Subsec. (a)(3) to (5). Pub. L. 108–176 struck out pars. (3) to (5) which defined “hub airport”, “nonhub airport”, and “small hub airport”, respectively.

2000

Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after , see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Response Time for Applications To Provide Essential Air Service

Pub. L. 118–63, title V, § 568, , 138 Stat. 1219, provided that: “The Secretary [of Transportation] shall take such actions as are necessary to respond with an approval or denial of any application filed by an applicant to provide essential air service under subchapter II of chapter 417 of title 49, United States Code, to the greatest extent practicable not later than 6 months after receiving such application. The Assistant General Counsel for International and Aviation Economic Law shall ensure the timely review of all orders proposed by the Essential Air Service Office, and such timeliness shall be analyzed annually by the General Counsel of the Department of Transportation.”

Code-Sharing Pilot Program

Pub. L. 108–176, title IV, § 406, , 117 Stat. 2545, provided that:

“(a)

In General.—

The Secretary of Transportation shall establish a pilot program under which the Secretary may require air carriers providing service with compensation under subchapter II of chapter 417 of title 49, United States Code, and major air carriers (as defined in section 41716(a)(2) of such title) serving large hub airports (as defined in section 40102 of such title) to participate in multiple code-share arrangements consistent with normal industry practice whenever and wherever the Secretary determines that such multiple code-sharing arrangements would improve air transportation services.

“(b)

Limitation.—

The Secretary may not require air carriers to participate in the pilot program under this section for more than 10 communities receiving service under subchapter II of chapter 417 of title 49, United States Code.”

Measurement of Highway Miles for Purposes of Determining Eligibility of Essential Air Service Subsidies

Pub. L. 108–176, title IV, § 409, , 117 Stat. 2547, as amended by Pub. L. 110–190, § 4(d)(1), , 122 Stat. 644; Pub. L. 110–330, § 5(k), , 122 Stat. 3719; Pub. L. 111–69, § 5(k), , 123 Stat. 2055; Pub. L. 111–249, § 5(k), , 124 Stat. 2628; Pub. L. 112–30, title II, § 205(k), , 125 Stat. 358; Pub. L. 112–91, § 5(k), , 126 Stat. 4; Pub. L. 112–95, title IV, § 431, , 126 Stat. 100; Pub. L. 114–55, title I, § 102(g), , 129 Stat. 523; Pub. L. 114–141, title I, § 102(f), , 130 Stat. 323; Pub. L. 114–190, title I, § 1102(g), , 130 Stat. 617; Pub. L. 115–63, title I, § 102(g), , 131 Stat. 1169; Pub. L. 115–141, div. M, title I, § 102(f), , 132 Stat. 1046; Pub. L. 115–254, div. B, title IV, § 457, , 132 Stat. 3350; Pub. L. 118–15, div. B, title II, § 2202(m), , 137 Stat. 83; Pub. L. 118–34, title I, § 102(m), , 137 Stat. 1114; Pub. L. 118–41, title I, § 102(m), , 138 Stat. 22, provided that:

“(a)

Request for Secretarial Review.—

An eligible place (as defined in section 41731 of title 49, United States Code) with respect to which the Secretary has, in the 2-year period ending on the date of enactment of this Act [], eliminated (or tentatively eliminated) compensation for essential air service to such place, or terminated (or tentatively terminated) the compensation eligibility of such place for essential air service, under section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 [Pub. L. 106–69] ([former] 49 U.S.C. 41731 note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [Pub. L. 106–181] (49 U.S.C. 41731 note), or any prior law of similar effect based on the highway mileage of such place from the nearest hub airport (as defined in section 40102 of such title), may request the Secretary to review such action.

“(b)

Determination of Mileage.—

In reviewing an action under subsection (a), the highway mileage between an eligible place and the nearest medium hub airport or large hub airport is the highway mileage of the most commonly used route between the place and the medium hub airport or large hub airport. In identifying such route, the Secretary shall identify the most commonly used route for a community by—

“(1)

consulting with the Governor of a State or the Governor’s designee; and

“(2)

considering the certification of the Governor of a State or the Governor’s designee as to the most commonly used route.

“(c)

Eligibility Determination.—

Not later than 60 days after receiving a request under subsection (a), the Secretary shall—

“(1)

determine whether the eligible place would have been subject to an elimination of compensation eligibility for essential air service, or termination of the eligibility of such place for essential air service, under the provisions of law referred to in subsection (a) based on the determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and

“(2)

issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter 417 of title 49, United States Code.

“(d)

Limitation on Period of Final Order.—

A final order issued under subsection (c) shall terminate on .”

[Pub. L. 110–190, § 4(d)(2), , 122 Stat. 644, provided that: “The amendment made by paragraph (1) [amending section 409(d) of Pub. L. 108–176, set out above] shall take effect on , and shall apply with respect to any final order issued under section 409(c) of such Act [section 409(c) of Pub. L. 108–176, set out above] that was in effect on such date.” ]

Marketing Practices

Pub. L. 106–181, title II, § 207, , 114 Stat. 94, provided that:

“(a)

Review of Marketing Practices That Adversely Affect Service to Small or Medium Communities.—

Not later than 180 days after the date of the enactment of this Act [], the Secretary [of Transportation] shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small- and medium-sized communities, including—

“(1)

marketing arrangements between airlines and travel agents;

“(2)

code-sharing partnerships;

“(3)

computer reservation system displays;

“(4)

gate arrangements at airports;

“(5)

exclusive dealing arrangements; and

“(6)

any other marketing practice that may have the same effect.

“(b)

Regulations.—

If the Secretary finds, after conducting the review, that marketing practices inhibit the availability of affordable air transportation services to small- and medium-sized communities, then, after public notice and an opportunity for comment, the Secretary may issue regulations that address the problem or take other appropriate action.

“(c)

Statutory Construction.—

Nothing in this section expands the authority or jurisdiction of the Secretary to issue regulations under chapter 417 of title 49, United States Code, or under any other law.”

Restrictions on Essential Air Service Subsidies

Pub. L. 106–181, title II, § 205, , 114 Stat. 94, provided that: “The Secretary [of Transportation] may provide assistance under subchapter II of chapter 417 of title 49, United States Code, with respect to a place that is located within 70 highway miles of a hub airport (as defined by section 41731 of such title) if the most commonly used highway route between the place and the hub airport exceeds 70 miles.”

Pub. L. 106–69, title III, § 332, , 113 Stat. 1022, which did not provide essential air service subsidies to communities in the 48 contiguous States that were located fewer than 70 highway miles from the nearest large or medium hub airport or required a rate of subsidy per passenger in excess of $200 unless such point was greater than 210 miles from the nearest large or medium hub airport, was repealed by Pub. L. 118–63, title V, § 561(a)(4)(A), , 138 Stat. 1214.

[Pub. L. 112–95, title IV, § 426(c), (d), , 126 Stat. 99, as amended by Pub. L. 115–254, div. B, title IV, § 458, title V, § 539(s)(2), , 132 Stat. 3350, 3372, which provided that the Secretary of Transportation could waive the subsidy-per-passenger cap established by section 332 of Pub. L. 106–69, and the Secretary would waive application of the subsidy-per-passenger cap if the Secretary found that the community’s subsidy-per-passenger for a fiscal year was lower than the subsidy-per-passenger for any of the 3 previous fiscal years, was repealed by Pub. L. 118–63, title V, § 561(a)(4)(B), , 138 Stat. 1214.]

Provisions similar to those in section 332 of Pub. L. 106–69, formerly set out above, were contained in the following prior appropriation acts:

Pub. L. 105–277, div. A, § 101(g) [title III, § 334], , 112 Stat. 2681–439, 2681–471.

Pub. L. 105–66, title III, § 336, , 111 Stat. 1447.

Credits

1994–2024 · 7 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1143
  2. 2000Pub. L. 106–181, title II, § 208, , 114 Stat. 95
  3. 2003Pub. L. 108–176, title II, § 225(b)(2), , 117 Stat. 2529
  4. 2011Pub. L. 112–27, § 6, , 125 Stat. 271
  5. 2012Pub. L. 112–95, title IV, §§ 421, 422, , 126 Stat. 96, 97
  6. 2018Pub. L. 115–254, div. B, title IV, § 453(a), , 132 Stat. 3348
  7. 2024Pub. L. 118–63, title V, § 561(a)(1)–(3), , 138 Stat. 1214.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1143; Pub. L. 106–181, title II, § 208, , 114 Stat. 95; Pub. L. 108–176, title II, § 225(b)(2), , 117 Stat. 2529; Pub. L. 112–27, § 6, , 125 Stat. 271; Pub. L. 112–95, title IV, §§ 421, 422, , 126 Stat. 96, 97; Pub. L. 115–254, div. B, title IV, § 453(a), , 132 Stat. 3348; Pub. L. 118–63, title V, § 561(a)(1)–(3), , 138 Stat. 1214.)

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USLM identifier /us/usc/t49/s41731