49 U.S.C. § 41731: Definitions

was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988 ; received scheduled air transportation at any time after January 1, 1990 ; and 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 was determined, on or after October 1, 1988 , 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); 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 ; of less than $1,000 during the most recent fiscal year beginning before October 1, 2026 , regardless of driving miles to the nearest large or medium hub airport; of less than $850 during the most recent fiscal year beginning after September 30, 2026 , regardless of driving miles to the nearest medium or large hub airport; and 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 received essential air service for which compensation was provided to an air carrier under this subchapter; or 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. “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 . 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. 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. 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. 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. in more than 2 consecutive fiscal years; or in more than 5 fiscal years within 25 consecutive years. in more than 2 consecutive fiscal years; or in more than 5 fiscal years within 25 consecutive years. 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. 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. 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.” 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 [ Dec. 12, 2003 ], 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. consulting with the Governor of a State or the Governor’s designee; and considering the certification of the Governor of a State or the Governor’s designee as to the most commonly used route. 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 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. A final order issued under subsection (c) shall terminate on May 10, 2024 .” marketing arrangements between airlines and travel agents; code-sharing partnerships; computer reservation system displays; gate arrangements at airports; exclusive dealing arrangements; and any other marketing practice that may have the same effect. 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. 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.”