Sec. 409. MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES
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## SEC. 409 MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES **[**[49 U.S.C. 41731 note](/us/usc/t49/s41731)**]** ###
(a)Request for Secretarial Review 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, 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 (49 U.S.C. 41731 note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (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. ###
(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 May 10, 2024. * * * * * * *
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Sec. 409
MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES
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