Sec. 458. REDUCTION IN SUBSIDY-PER-PASSENGER
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## SEC. 458 REDUCTION IN SUBSIDY-PER-PASSENGER **[**[49 U.S.C. 41731 note](/us/usc/t49/s41731)**]** Section 426 of the FAA Modernization and Reform Act of 2012 (126 Stat. 98)is amended by adding at the end the following: > > ### “(d) Reduction in Subsidy-per-passenger > > > #### “(1) In general > > The Secretary shall waive application of the subsidy-per-passenger cap described under subsection
(c)if the Secretary finds that the community’s subsidy-per-passenger for a fiscal year is lower than the subsidy-per-passenger for any of the 3 previous fiscal years. > > > #### “(2) Exception > > The Secretary shall waive application of the subsidy-per-passenger cap if the subsidy-per-passenger for a fiscal year is less than 10 percent higher than the highest subsidy-per-passenger from any of the 3 previous fiscal years. The Secretary may only waive application of the subsidy-per-passenger cap under this paragraph once per community. > > > #### “(3) Rule of construction > > Nothing in this subsection shall be construed to limit the Secretary’s ability under subsection
(c)to waive application of the subsidy-per-passenger cap.” > . # TITLE V MISCELLANEOUS
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- 126 Stat. 98
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