Any air travel cum legalese experts here LOL!
current law:
49 USC 41731 - Sec. 41731.
(a) General. - In this subchapter - (1) “eligible place” means a place in the United States that - (A)(i) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988; (ii) received scheduled air transportation at any time after January 1, 1990; 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 (B) determined,(!1) on or after October 1, 1988, and before the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, under this subchapter by the Secretary to be eligible to receive subsidized small community air service under section 41736(a). (2) “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 section 41732 of this title. (3) “hub airport” means an airport that each year has at least .25 percent of the total annual boardings in the United States. (4) “nonhub airport” means an airport that each year has less than .05 percent of the total annual boardings in the United States. (5) “small hub airport” means an airport that each year has at least .05 percent, but less than .25 percent, of the total annual boardings in the United States. (b) Limitation on Authority To Decide a Place Not an Eligible Place. - The Secretary of Transportation may not decide that a place described in subsection (a)(1) of this section is not an eligible place on the basis of a passenger subsidy at that place or on another basis that is not specifically stated in this subchapter.
SEC. 6. ESSENTIAL AIR SERVICE REFORM.
(a) In General- Section 41731(a)(1) of title 49, United States Code, is amended—
(1) in subparagraph (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively;
(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(3) in clause (i)(I) (as so redesignated) by inserting `(A)’ before `(i)(I)’;
(4) in subparagraph (A)(ii) (as so redesignated)—
(A) by striking `determined’ and inserting `was determined’;
(B) by striking `Secretary’ and inserting `Secretary of Transportation’; and
(C) by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
`(B) is located not less than 90 miles from the nearest medium or large hub airport; and
`(C) had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary.’.
(b) Limitation on Authority To Decide a Place Not an Eligible Place- Section 41731(b) of such title is amended—
(1) by striking `Secretary of Transportation’ and inserting `Secretary’; and
(2) by striking `on the basis of a passenger subsidy at that place or on another basis’ and inserting `on any basis’.
(c) Exceptions and Waivers- Section 41731 of such title is amended by adding at the end the following:
`(c) Exceptions for Locations in Alaska- Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska.
`(d) Waivers- 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.’.
Passed the House of Representatives July 20, 2011.
So LaHood can waive it for airports qualifying under subsection (a)(1)(B).. alright I figured that out.
But does it matter that HE CAN’T WAIVE the requirement for those qualifying under (a)(1)(A)?
Anyway kudos to John Mica for his fight. I hope the funding authorized- $3,380,178,082 for the period beginning on October 1, 2010, and ending on September 16, 2011.’- is a cut.
Nope, I’m totally confused...