Pub. L. 112-95, tit. IV, subtit. B, sec. 41731 (as amended)

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.” .