Page:United States Statutes at Large Volume 114 Part 1.djvu/133

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PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 97 "(9) LOAN GUARANTEE. —The term 'loan guarantee' means any guarantee or other pledge by the Secretary under section 41763(c) to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. "(10) NEW ENTRANT AIR CARRIER.— The term 'new entrant air carrier' means an air carrier that has been providing air transportation according to a published schedule for less than 5 years, including any person that has received authority from the Secretary to provide air transportation but is not providing air transportation. "(11) NONHUB AIRPORT.—The term 'nonhub airport' means an airport that each year has less than.05 percent of the total annual boardings in the United States. "(12) OBLIGOR.— The term 'obligor' means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. "(13) REGIONAL JET AIRCRAFT.—The term 'regional jet aircraft' meeuis a civil aircraft— "(A) powered by jet propulsion; and "(B) designed to have a maximum passenger seating capacity of not less than 30 nor more than 75. "(14) SECURED LOAN.— The term 'secured loan' means a direct loan funded by the Secretary in connection with the financing of an aircraft purchase under section 41763(b). "(15) SMALL HUB AIRPORT.— The term '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. "(16) UNDERSERVED MARKET.—The term 'underserved market' means a passenger air transportation market (as defined by the Secretary) that— "(A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport; "(B) is not within a 40-mile radius of an airport that each year has at least.25 percent of the total annual boardings in the United States; and "(C) the Secretary determines does not have sufficient air service. "§ 41763. Federal credit instruments "(a) IN GENERAL. —Subject to this section and section 41766, the Secretary of Transportation may enter into agreements with one or more obligors to make available Federal credit instruments, the proceeds of which shall be used to finance aircraft purchases. " (b) SECURED LOANS.— " (1) TERMS AND LIMITATIONS. — "(A) IN GENERAL. — A secured loan under this section with respect to an aircraft purchase shall be on such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. "(B) MAXIMUM AMOUNT. —No secured loan may be made under this section—