49 U.S.C. § 41731 — Definitions

(a)(1) “Eligible place” means a United States place that meets the requirements in (A), (B), (C), and (D). (A) It either: (i)(I) was an eligible point under the 1958 Federal Aviation Act before October 1, 1988; (II) received scheduled air transportation after January 1, 1990; and (III) is not listed in Transportation Orders 89-9-37 or 89-12-52 as ineligible for compensation under this subchapter; or (ii) was found between October 1, 1988, and enactment of Public Law 114-190 to qualify for subsidized small-community service under section 41736(a). (B) It averaged at least 10 enplanements per service day in the most recent fiscal year beginning after September 30, 2012. (C) Its average subsidy per passenger was: (i) under $1,000 in the most recent fiscal year beginning before October 1, 2026, regardless of driving distance to the nearest large or medium hub; (ii) under $850 in the most recent fiscal year beginning after September 30, 2026, regardless of driving distance to the nearest medium or large hub; and (iii) under $650 in the most recent fiscal year if it is less than 175 driving miles from the nearest large or medium hub. (D) Between September 30, 2010, and September 30, 2011, inclusive, it either: (i) received compensated essential air service; or (ii) received a 140-day termination notice and the Secretary required continued service. (2) “Enhanced essential air service” means scheduled passenger and cargo air transportation to an eligible place at a higher level or quality than section 41732 basic service. (b) The Secretary may not decide that a place meeting (a)(1) is ineligible on a basis not specifically stated in this subchapter. (c) Requirements (B), (C), and (D) do not apply to Alaska or Hawaii locations. (d) Requirement (B) does not apply to a location more than 175 driving miles from the nearest large or medium hub. (e)(1) The Secretary may waive (B) and (C)(iii) annually if the place shows to the Secretary’s satisfaction that a temporary demand decline caused the failure. (2) Beginning fiscal year 2027, a waiver of (B) may not be given to a location for more than two consecutive fiscal years or more than five fiscal years in any 25 consecutive years. (3) Beginning fiscal year 2027, the same limits apply to a waiver of (C)(iii). (f) For (a)(1)(B), “enplanements” means passengers boarding at an eligible place on flights operated by the subsidized essential-air-service carrier.