49 USC 41731: Definitions

49 USC 41731: Definitions Text contains those laws in effect on January 23, 2000

From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart ii-economic regulationCHAPTER 417-OPERATIONS OF CARRIERSSUBCHAPTER II-SMALL COMMUNITY AIR SERVICE

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§41731. Definitions

(a) General.-In this subchapter-

(1) "eligible place" means a place in the United States that-

(A) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988;

(B) received scheduled air transportation at any time after January 1, 1990; and

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

(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.

(3) "hub airport" means an airport that each year has at least .25 percent of the total annual boardings in the United States.

(4) "nonhub airport" means an airport that each year has less than .05 percent of the total annual boardings in the United States.

(5) "small hub airport" means an airport that each year has at least .05 percent, but less than .25 percent, of the total annual boardings in the United States.

(b) Limitation on Authority To Decide a Place Not an Eligible Place.-The Secretary of Transportation may not decide that a place described in subsection (a)(1) of this section is not an eligible place on the basis of a passenger subsidy at that place or on another basis that is not specifically stated in this subchapter.

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

Historical and Revision Notes
Revised Section	Source (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 October 1, 1988" are substituted for "is defined as an eligible point . . . as in effect before October 1, 1988" 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.

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A), 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), July 5, 1994, 108 Stat. 1143 , 1379.

Restrictions on Essential Air Service Subsidies

Pub. L. 106–69, title III, §332, Oct. 9, 1999, 113 Stat. 1022 , provided that: "Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 105–277, div. A, §101(g) [title III, §334], Oct. 21, 1998, 112 Stat. 2681–439 , 2681-471.

Pub. L. 105–66, title III, §336, Oct. 27, 1997, 111 Stat. 1447 .

Section Referred to in Other Sections

This section is referred to in sections 41110, 41714, 41715, 47116 of this title.