Title 49 — TransportationRelease 119-73
§41743 Airports not receiving sufficient service
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER II— - SMALL COMMUNITY AIR SERVICE › § 41743
Summary
The Secretary of Transportation must create a program to help small airports that do not get enough airline service or have very high fares. Communities or groups of communities must apply in the form and time the Secretary requires. Applications must show why the area needs better access to the national air system and explain how it meets the program’s selection rules. To be chosen, the airport must be no bigger than a small hub and must have too little service or unreasonably high fares. The Secretary will also look for special local needs or geography, and give priority to places where fares are above average, an airline has shown interest, local money will help pay costs (not from airport revenues), a public‑private partnership exists or will be created, many kinds of travelers will benefit, the aid will restore lost service, the money will be used quickly, or multiple communities work together. No more than 4 winners from one State and no more than 40 winners total may be picked each year. A project generally cannot get program support more than once in 5 years, unless the Secretary waives that rule for good reasons. The program can subsidize airline service for up to 3 years per grant, help airports attract service, or fund other steps like marketing. The Secretary may make and change grant agreements to match needs. Congress authorized $15,000,000 for each fiscal year 2024 through 2028, available until spent. The Secretary must also assign an employee to help communities and airlines, run the program, collect passenger data, coordinate with other agencies, and give policy advice.
Full Legal Text
Title 49, §41743
Transportation — Source: USLM XML via OLRC
(a)The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service.
(b)In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1)an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2)an analysis of the application of the criteria in subsection (c) to that community or consortium.
(c)In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria:
(1)On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—
(A)is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and
(B)has—
(i)insufficient air carrier service; or
(ii)unreasonably high air fares.
(2)The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a).
(3)Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year.
(4)(A)No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program.
(B)Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 5-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time.
(C)The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium.
(5)The Secretary shall give priority to communities or consortia of communities where—
(A)air fares are higher than the average air fares for all communities;
(B)the community has demonstrated support from at least 1 air carrier to provide service;
(C)the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;
(D)the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;
(E)the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited;
(F)the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes);
(G)the assistance will be used in a timely fashion; and
(H)multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.
(d)The Secretary may use amounts made available under this section—
(1)to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal;
(2)to provide assistance to an underserved airport, or an airport where air service has been terminated or substantially reduced, to obtain service to and from the underserved airport; and
(3)to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities.
(e)(1)The Secretary may make agreements to provide assistance under this section. The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project or the community’s current air service needs.
(2)There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2024 through 2028, to carry out this section. Such sums shall remain available until expended.
(f)The Secretary shall designate an employee of the Department of Transportation—
(1)to function as a facilitator between small communities and air carriers;
(2)to carry out this section;
(3)to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;
(4)to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities; and
(5)to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2024—Subsec. (c)(4)(B). Pub. L. 118–63, § 562(1)(A), substituted “5-year” for “10-year”. Subsec. (c)(5)(B) to (E). Pub. L. 118–63, § 562(1)(B)(i), (ii), added subpar. (B) and redesignated former subpars. (B) to (D) as (C) to (E), respectively. Former subpar. (E) redesignated (F). Subsec. (c)(5)(F). Pub. L. 118–63, § 562(1)(B)(i), (iii), redesignated subpar. (E) as (F) and inserted “or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “terminated”. Former subpar. (F) redesignated (G). Subsec. (c)(5)(G), (H). Pub. L. 118–63, § 562(1)(B)(i), redesignated subpars. (F) and (G) as (G) and (H), respectively. Subsec. (d)(1). Pub. L. 118–63, § 562(2)(A), inserted “, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal” after “3 years”. Subsec. (d)(2). Pub. L. 118–63, § 562(2)(B), inserted “, or an airport where air service has been terminated or substantially reduced,” before “to obtain service”. Subsec. (e)(1). Pub. L. 118–63, § 562(3)(A), inserted “or the community’s current air service needs” after “the project”. Subsec. (e)(2). Pub. L. 118–63, § 562(3)(B), substituted “$15,000,000 for each of fiscal years 2024 through 2028” for “$10,000,000 for each of fiscal years 2018 through 2023, and $6,092,896 for the period beginning on
October 1, 2023, and ending on
May 10, 2024”. Pub. L. 118–41 substituted “$6,092,896 for the period beginning on
October 1, 2023, and ending on
May 10, 2024,” for “$4,371,585 for the period beginning on
October 1, 2023, and ending on
March 8, 2024,”. Subsec. (f). Pub. L. 118–63, § 562(5), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Under the program established under subsection (a), the Secretary shall work with air carriers providing service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports to facilitate joint-fare arrangements consistent with normal industry practice.” Subsec. (g). Pub. L. 118–63, § 562(5), redesignated subsec. (g) as (f). Subsec. (g)(4). Pub. L. 118–63, § 562(4), struck out “and the creation of aviation development zones” after “small communities”. Subsec. (h). Pub. L. 118–63, § 562(5), struck out subsec. (h). Text read as follows: “The Secretary shall designate an airport in the program as an Air Service Development Zone and work with the community or consortium on means to attract business to the area surrounding the airport, to develop land use options for the area, and provide data, working with the Department of Commerce and other agencies.” 2023—Subsec. (e)(2). Pub. L. 118–34 substituted “$4,371,585 for the period beginning on
October 1, 2023, and ending on
March 8, 2024,” for “$2,513,661 for the period beginning on
October 1, 2023, and ending on
December 31, 2023,”. Pub. L. 118–15 inserted “, and $2,513,661 for the period beginning on
October 1, 2023, and ending on
December 31, 2023,” after “fiscal years 2018 through 2023”. 2018—Subsec. (c)(1). Pub. L. 115–254, § 455(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “For calendar year 1997, the airport serving the community or consortium was not larger than a small hub airport, and— “(A) had insufficient air carrier service; or “(B) had unreasonably high air fares.” Subsec. (c)(4). Pub. L. 115–254, § 455(a)(2), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program. No community, consortia of communities, nor combination thereof may participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project.” Subsec. (c)(5)(E) to (G). Pub. L. 115–254, § 455(a)(3), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. Subsec. (e)(1). Pub. L. 115–254, § 455(b), inserted at end “The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project.” Subsec. (e)(2). Pub. L. 115–254, § 455(c), amended par. (2) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary $6,000,000 for each of fiscal years 2012 through 2017 and $10,000,000 for fiscal year 2018 to carry out this section. Such sums shall remain available until expended.” Pub. L. 115–141 substituted “2012 through 2017 and $10,000,000 for fiscal year 2018” for “2012 through 2017 and $4,986,301 for the period beginning on
October 1, 2017, and ending on
March 31, 2018,”. 2017—Subsec. (e)(2). Pub. L. 115–63 inserted “and $4,986,301 for the period beginning on
October 1, 2017, and ending on
March 31, 2018,” after “fiscal years 2012 through 2017”. 2016—Subsec. (e)(2). Pub. L. 114–190 substituted “2017” for “2015”. 2012—Subsec. (c)(5)(F). Pub. L. 112–95, § 429(a), added subpar. (F). Subsec. (e)(2). Pub. L. 112–95, § 429(b), amended par. (2) generally. Prior to amendment, par. (2) provided for authorization of appropriations for fiscal years 2001 through 2011 and for the portion of fiscal year 2012 ending before Feb. 18, 2012. Pub. L. 112–91 substituted “and $2,295,082 for the portion of fiscal year 2012 ending before
February 18, 2012,” for “and $2,016,393 for the portion of fiscal year 2012 ending before
February 1, 2012,”. 2011—Subsec. (e)(2). Pub. L. 112–30 substituted “$35,000,000 for each of fiscal years 2004 through 2011, and $2,016,393 for the portion of fiscal year 2012 ending before
February 1, 2012,” for “and $35,000,000 for each of fiscal years 2004 through 2011”. 2010—Subsec. (e)(2). Pub. L. 111–249 substituted “2011” for “2010”. 2009—Subsec. (e)(2). Pub. L. 111–69 substituted “2010” for “2009”. 2008—Subsec. (e)(2). Pub. L. 110–330 substituted “2009” for “2008”. 2003—Subsec. (a). Pub. L. 108–176, § 412(1), (2), struck out “Pilot” before “Program” in heading and “pilot” before “program” in text. Subsec. (c)(1). Pub. L. 108–176, § 225(b)(3)(A), struck out “(as that term is defined in section 41731(a)(5))” after “small hub airport” in introductory provisions. Subsec. (c)(3). Pub. L. 108–176, § 412(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “No more than four communities or consortia of communities, or a combination thereof, may be located in the same State.” Subsec. (c)(4). Pub. L. 108–176, § 412(3)(B), inserted at end “No community, consortia of communities, nor combination thereof may participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project.” Pub. L. 108–11 inserted before period at end “in each year for which funds are appropriated for the program”. Subsec. (c)(5)(E). Pub. L. 108–176, § 412(3)(C), added subpar. (E). Subsec. (e)(2). Pub. L. 108–176, § 412(4), substituted “fiscal year 2001,” for “fiscal year 2001 and” and inserted “, and $35,000,000 for each of fiscal years 2004 through 2008” after “2003”. Subsec. (f). Pub. L. 108–176, §§ 225(b)(3)(B), 412(5), struck out “pilot” after “Under the” and “(as defined in section 41731(a)(3))” after “large hub airports”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Effective Date
of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an
Effective Date
of 2000
Amendments
note under section 106 of this title.
Reference
Citations & Metadata
Citation
49 U.S.C. § 41743
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73