U.S. Code > Title 49 Transportation > SUBTITLE VII—AVIATION PROGRAMS (§§ 40101—50105) > PART A—AIR COMMERCE AND SAFETY (§§ 40101—46507) > subpart ii—economic regulation (§§ 41101—42121) > CHAPTER 417—OPERATIONS OF CARRIERS (§§ 41701—41767) > SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE (§§ 41731—41748) > § 41731. Definitions

§ 41731. Definitions

(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.
(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.

[1] So in original. Probably should be “was determined,”.