Sec. 41731. is amended—

268 words·~1 min read·/statute-compilations/comps-9829/sec-41731

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## SEC. 41731 is amended— ####

(1)in subsection (a)(1) by amending subparagraph

(B)to read as follows: > > ##### “(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 September 30, 2012;” > ; ####

(2)by amending subsection

(c)to read as follows: > > ### “(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.” > ; ####

(3)by amending subsection

(d)to read as follows: > > ### “(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.” > ; and ####

(4)by adding at the end the following: > > ### “(e) Waivers > > 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. > > > ### “(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.” > .