US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 41731

Definitions

(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)
Public Law 114–190 was determined, on or after , and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (), 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)
section 41732 of this title “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 .
(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.

Pub. L. 103–272, § 1(e)108 Stat. 1143Pub. L. 106–181, title II, § 208114 Stat. 95Pub. L. 108–176, title II, § 225(b)(2)117 Stat. 2529Pub. L. 112–27, § 6125 Stat. 271Pub. L. 112–95, title IV126 Stat. 96Pub. L. 115–254, div. B, title IV, § 453(a)132 Stat. 3348Pub. L. 118–63, title V, § 561(a)(1)138 Stat. 1214(, , ; , , ; , , ; , , ; , §§ 421, 422, , , 97; , , ; –(3), , .)

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 ” are substituted for “is defined as an eligible point . . . as in effect before ” for clarity and to eliminate unnecessary words.

section 41732 of this titleIn subsection (a)(2), the words “described in ” 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 Pub. L. 85–726Pub. L. 103–272108 Stat. 1143Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is , which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by , §§ 1(e), 7(b), , , 1379.

Pub. L. 114–190The 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 , which was approved .

Amendments

Pub. L. 118–63, § 561(a)(1)2024—Subsec. (a)(1)(C). , 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”.

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

Pub. L. 118–63, § 561(a)(3)Subsec. (e). , 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.”

Pub. L. 115–254Public Law 114–1902018—Subsec. (a)(1)(A)(ii). substituted “FAA Extension, Safety, and Security Act of 2016 (),” for “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,”.

Pub. L. 112–95, § 421(1)2012—Subsec. (a)(1)(B). , 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”.

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

Pub. L. 112–95, § 421(2)Subsec. (c). , 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.”

Pub. L. 112–95, § 421(3)Subsec. (d). , 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.”

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

Pub. L. 112–27, § 6(a)2011—Subsec. (a)(1). , 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).

Pub. L. 112–27, § 6(b)Subsec. (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”.

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

Pub. L. 108–1762003—Subsec. (a)(3) to (5). struck out pars. (3) to (5) which defined “hub airport”, “nonhub airport”, and “small hub airport”, respectively.

Pub. L. 106–1812000—Subsec. (a)(1). 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

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

Effective Date of 2000 Amendment

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

Response Time for Applications To Provide Essential Air Service

Pub. L. 118–63, title V, § 568138 Stat. 1219

“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.”
, , , provided that:

Code-Sharing Pilot Program

Pub. L. 108–176, title IV, § 406117 Stat. 2545

“(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.”
, , , provided that:

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

Pub. L. 108–176, title IV, § 409117 Stat. 2547Pub. L. 110–190, § 4(d)(1)122 Stat. 644Pub. L. 110–330, § 5(k)122 Stat. 3719Pub. L. 111–69, § 5(k)123 Stat. 2055Pub. L. 111–249, § 5(k)124 Stat. 2628Pub. L. 112–30, title II, § 205(k)125 Stat. 358Pub. L. 112–91, § 5(k)126 Stat. 4Pub. L. 112–95, title IV, § 431126 Stat. 100Pub. L. 114–55, title I, § 102(g)129 Stat. 523Pub. L. 114–141, title I, § 102(f)130 Stat. 323Pub. L. 114–190, title I, § 1102(g)130 Stat. 617Pub. L. 115–63, title I, § 102(g)131 Stat. 1169Pub. L. 115–141, div. M, title I, § 102(f)132 Stat. 1046Pub. L. 115–254, div. B, title IV, § 457132 Stat. 3350Pub. L. 118–15, div. B, title II, § 2202(m)137 Stat. 83Pub. L. 118–34, title I, § 102(m)137 Stat. 1114Pub. L. 118–41, title I, § 102(m)138 Stat. 22

“(a)

Request for Secretarial Review .—

section 41731 of title 49Pub. L. 106–6949 U.S.C. 41731Pub. L. 106–18149 U.S.C. 41731An eligible place (as defined in , 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 [] ([former] note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [] ( 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 .”
, , , as amended by , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , provided that:

Pub. L. 110–190, § 4(d)(2)122 Stat. 644

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

Marketing Practices

Pub. L. 106–181, title II, § 207114 Stat. 94

“(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.”
, , , provided that:

Restrictions on Essential Air Service Subsidies

Pub. L. 106–181, title II, § 205114 Stat. 94

“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.”
, , , provided that:

Pub. L. 106–69, title III, § 332113 Stat. 1022Pub. L. 118–63, title V, § 561(a)(4)(A)138 Stat. 1214, , , 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. 112–95, title IV, § 426(c)126 Stat. 99Pub. L. 115–254, div. B, title IV, § 458132 Stat. 3350section 332 of Pub. L. 106–69Pub. L. 118–63, title V, § 561(a)(4)(B)138 Stat. 1214[, (d), , , as amended by , title V, § 539(s)(2), , , 3372, which provided that the Secretary of Transportation could waive the subsidy-per-passenger cap established by , 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 , , .]

section 332 of Pub. L. 106–69Provisions similar to those in , 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, § 336111 Stat. 1447, , .