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Page:United States Statutes at Large Volume 92 Part 2.djvu/414

 92 STAT. 1694

PUBLIC LAW 95-502—OCT. 21, 1978

the resources and results of the Upper Mississippi River resources management (GREAT) study conducted pursuant to section 117 of the Water Resources Development Act of 1976 (Public Law 90 Stat. 2924. 94-587) and of other ongoing or past studies. The Commission may request appropriate Federal, State, or local agencies to prepare such studies. Any Federal agency to which such a request is submitted may conduct any such study for the purpose of this section. Studies. (e) Studies conducted pursuant to this section shall include, but not be limited to, the following: (1) The Secretary of the Interior and the Secretary of the ' -'•' Army, working through the Commission, shall undertake a study to determine the carrying capacity of the Upper Mississippi River System, and the long- and short-term systematic ecological impacts of (A) present and any projected expansion of navigation capacity on the fish and wildlife, water quality, wilderness, . and public recreational opportunities of said rivers, (B) present ,' operation and maintenance programs, (C) the means and measures that should be adopted to prevent or minimize loss of or damage to fish and wildlife, and (D) a specific analysis of the immediate and systematic environmental effects of any second " "' lock at Alton, Illinois, and provide for the mitigation of any .,' \ ', adverse impact on, and the enhancement of, such resources. (2) The Commission shall undertake studies to determine— (A) the relationship of any expansion of navigational capacity on the Upper Mississippi River System to national transportation policy, (B) the direct and indirect effects of any expansion of "'^ navigational capacity on the Nation's railroads and on shippers dependent upon rail service, and ' * (C) transportation costs and benefits to the Nation to be derived from any expansion of navigational capacity on said River System. 1. - "ri. ".,:. evaluation of the economic need for a second lock at Alton, Illinois, and the direct and indirect systematic effects and needs for such a second lock at Alton, Illinois. (3) The Commission shall undertake a program of studies, including a demonstration program to evaluate the benefits and costs of disposing of dredge spoil material in contained areas located out of the floodplain. The program shall include, but shall not be limited to, the evaluation of possible uses in the marketplace for the dredge spoil studies and demonstration programs to minimize the environmental effects of channel operation and maintenance activities. (4) The development by the Commission of a computerized analytical inventory and system analysis for the Upper Mississippi River System to facilitate evaluation of the comparative environmental effects of alternative management proposals. (f) Any Secretary responsible for conducting a study under subsection (e) of this section, and other studies conducted under this section, shall produce one or more draft reports containing study conclusions and appropriate appendix materials and shall present the reports to the Commission for approval and inclusion in the master plan process.
 * ,'f " ^.;
 * pj^^ Commission is directed to immediately initiate a specific

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Page:United States Statutes at Large Volume 92 Part 2.djvu/415

 'Kss^kni?.

PUBLIC LAW 95-502—OCT. 21, 1978 (g) To carry out the provisions of this section, there are authorized to be appropriated to the Commission, through the United States Water Eesources Council, $12,000,000. The Commission is authorized to transfer funds to such Federal, State, or local government agencies as it deems necessary to carry out the studies and analysis authorized by this section. (h) For purposes of this section, the Upper Mississippi Kiver System consists of those river reaches containing commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois, the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois. (i) No replacement, construction, or rehabilitation that expands the navigation capacity of locks, dams, and channels shall be undertaken by the Secretary of the Army to increase the navigation capacity of the Upper Mississippi River System, until the master plan prepared pursuant to this section has been approved by the Congress except as provided in section 102 and except for necessary operating and maintenance activities. (j) The lock and dam authorized pursuant to section 102 shall be designed and constructed to provide for possible future expansion. All other construction activities initiated by the Secretary of the Army on the Upper Mississippi River north of Cairo, Illinois, and on the Illinois River north of Grafton, Illinois, shall be initiated only in accordance with the guidelines set forth in the master plan. SEC. 102. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to replace locks and dam 26, Mississippi River, Alton, Illinois, and Missouri, by constructing a new dam and a single, one-hundred-and-ten-foot by one-thousand-two-hundred-foot lock at a location approximately two miles downstream from the existing dam, substantially in accordance with the recommendations of the Chief of Engineers in his report on such project dated July 31, 1976, at an estimated cost of $421,000,000. (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to replace, at Federal expense as a part of project costs authorized in subsection (a) terrestrial wildlife habitat inundated as a result of the construction of the project on an acre-for-acre basis in the respective States of Missouri and Illinois and to manage such lands as are thus acquired by the Secretary for wildlife protection purposes. The Secretary is further authorized to provide projectrelated recreation development on or in the vicinity of Ellis Island, Missouri, that requires no separable project lands and includes facilities such as roads, parking lots, walks, picnic areas, a boat launching ramp, and a beach, at an estimated cost of $4,000,000 to be cost shared with the State of Missouri and administered in accordance with the provisions of the Federal Water Project Recreation Act and undertaken independently of the navigation feature of the project. (c) The project depth of the channel above Cairo, Illinois, on the Mississippi River shall not exceed 9 feet, and neither the Secretary of the Army nor any other Federal official shall study the feasibility of deepening the navigation channels in the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; the Mississippi River north of Cairo, Illinois; the Kaskaskia River, Illinois; and the Illinois River and Waterway, Illinois, unless specifically authorized by an Act of Congress enacted after the date of enactment of this Act.

92 STAT. 1695 Appropriation authorization.

16 USC 460/-12 "ote.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/416

 PUBLIC LAW 95-502—OCT. 21, 1978

92 STAT. 1696 Inland Waterways Revenue Act of 1978.

26 USC 4042 note.

26 USC 4041. 26 USC 4042.

TITLE II—INLAND WATERWAYS REVENUE ACT OF 1978 Sec. Sec. Sec. Sec.

201. Short title. 202. Imposition of tax. 203. Establishment of Inland "Waterways Trust Fund. 204. Trust Fund available for expenditures for navigation construction and rehabilitation projects on inland waterways. Sec. 205. Study with respect to inland waterway user taxes and charges. Sec. 206. Inland and intracoastal waterways of the United States. SEC. 201. SHORT TITLE.

This title may be cited as the " I n l and Waterways Revenue Act of 1978". SEC. 202. IMPOSITION OF TAX. (a) IN GENERAL.—Chapter 31 of the I n t e r n a l Revenue Code of 1954 (relating to special fuels) is amended by a d d i n g a t the end thereof the following new section: "SEC. 4042. TAX ON FUEL USED IN COMMERCIAL TRANSPORTATION ON INLAND WATERWAYS. " (a) IN GENERAL.—There is hereby imposed a tax on any liquid used during any calendar quarter by any person as a fuel in a vessel in commercial waterway transportation. " (b) A M O U N T OF T A X. — The tax imposed by subsection (a) shall be determined from the following t a b l e: "If the use occurs— "After September 30, 1980 and before October 1, 1981 "After September 30, 1981 and before October 1, 1983 "After September 30, 1983 and before October 1, 1985 "After September 30, 1985

The 4 cents 6 cents 8 cents 10 cents

tax is— a gallon a gallon a gallon a gallon

"(c) EXEMPTIONS.— " (1) DEEP-DRAFT OCEAN-GOING VESSELS.—The tax imposed by

subsection (a) shall not apply with respect to any vessel designed primarily for use on the high seas which has a draft of more than 12 feet. " (2) PASSENGER VESSELS.—The tax imposed by subsection (a)

shall not apply with respect to any vessel used primarily for the transportation of persons. " (3) U S E BY STATE OR LOCAL GOVERNMENT I N TRANSPORTING

PROPERTY IN A STATE OR LOCAL 15USINESS.—Subparagraph (B) of subsection (d)(1) shall not apply with respect to use by a State or political subdivision thereof. " (4) U S E I N MOVING LASH AND SEABEE OCEAN-GOING BARGES.—

The tax imposed by subsection (a) shall not apply with respect to use for movement by t u g of exclusively L A S H (Lighteraboard-ship) and S E A B E E ocean-going barges released by their ocean-going carriers solely to pick u p or deliver international cargoes. " (d) DEFINITIONS. — For purposes of this section— " (1) COMMERCIAL WATERWAY TRANSPORTATION.—The term 'com-

mercial waterway transportation' means any use of a vessel on any inland or intracoastal waterway of the United States— " (A) in the business of t r a n s p o r t i n g property for compensation or hire, or " (B) in t r a n s p o r t i n g property in the business of the owner, lessee, or operator of the vessel (other than fish or other aquatic animal life caught on the voyage). "(2)

INLAND

OR INTRACOASTAL

WATERWAY

OF THE UNITED

STATES.—The term 'inland or intracoastal waterway of the United

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Page:United States Statutes at Large Volume 92 Part 2.djvu/417

 PUBLIC LAW 95-502—OCT. 21, 1978

92 STAT. 1697

States' means any inland or intracoastal waterway of the United States which is described in section 206 of the I n l and W a t e r w a y s Revenue Act of 1978. Ante, p. 1696. " (3) PERSON.—The term 'person' includes the United States, a State, a political subdivision of a State, or any agency or instrumentality of any of the foregoing. " (e) D A T E FOR F I L I N G R E T U R N. — The date for filing the r e t u r n of

the tax imposed by this section for any calendar quarter shall bo the last day of the first month following such quarter.". (b) TECHNICAL AMENDMENT.—Section 4293 of such Code (relating 26 USC 4293. to exemption for United States and possessions) is amended by striking out "chapters 31 and 32" and inserting in lieu thereof "section 4041, chapter 32". 26 USC 4041. (c) CLERICAL AMENDMENT. — The table of sections for chapter 31 of

such Code is amended by adding at the end thereof the following new item: "Sec. 4042. Tax on fuel used in commercial transportation on inland waterways.". (d) EFFECTIVE D A T E. — The amendments made by this section shall 26 USC 4042 take effect on October 1, 1980. note. SEC. 203. ESTABLISHMENT OF INLAND WATERWAYS TRUST FUND. 33 USC 1801. (a) CREATION OF T R U S T F U N D. — The r e is established in the Treasury

of the United States a t r u s t fund to be known as the " I n l and Waterways T r u s t F u n d " (hereinafter i n this title referred to as the " T r u s t F u n d "), consisting of such amounts as may be appropriated or credited to the T r u s t F u n d as provided in this section. (b) TRANSFER TO T R U S T F U N D OF A M O U N T S EQUIVALENT TO CERTAIN TAXES.—

(1) IN GENERAL.—There are hereby appropriated to the T r u s t F u n d amounts determined by the Secretary of the Treasury (hereinafter in this section referred to as the "Secretary") to be equivalent to the amounts of the taxes received in the Treasury under section 4042 of the I n t e r n a l Revenue Code of 1954 (relating to tax on fuel used in commercial transportation on inland waterways).

Ante, p. 1696.

(2) METHOD OF TRANSFER.—The a m o u n t s a p p r o p r i a t e d by p a r a -

g r a p h (1) shall be transferred a t least quarterly from the general fund of the Treasury to the T r u s t F u n d on the basis of estimates made by the Secretary of the amounts referred to in paragraph (1) received in the Treasury. P r o p e r adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (c) MANAGEMENT OF T R U S T F U N D. —

(1) REPORT.—It shall be the duty of the Secretary to hold the T r u s t F u n d, and to report to the Congress each year ending on or after September 30, 1981, on the financial condition and the results of the operations of the T r u s t F u n d during the preceding fiscal year and on its expected condition and operations during the fiscal year and the next 5 fiscal years after the fiscal year. Such report shall be printed as a House document of the session of the Congress to which the report is made. (2) INVESTMENT. —

(A) IN GENERAL.—It shall be the duty of the Secretary to invest such portion of the T r u s t F u n d as is not, i n his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the

39-194 O—80—pt. 2

27: QL3

Report to Congress,

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 92 STAT. 1698

PUBLIC LAW 95-502—OCT. 21, 1978 United States. For such purpose, such obligations may be acquired (i) on original issue a t the issue price, or (ii) by purchase of outstanding obligations a t the market price. (B) SALE OF OBLIGATIONS.—Any obligation acquired by the T r u s t F u n d may be sold by the Secretary a t the market price. (C)

I N T E R E S T; PROCEEDS FROM SALES AND REDEMPTIONS.—

The interest on, and the proceeds from the sale or redemption of, any obligations held in the T r u s t F u n d shall be credited to and form a part of the T r u s t F u n d. SEC. 204. TRUST FUND AVAILABLE FOR EXPENDITURES FOR NAVIGATION CONSTRUCTION AND REHABILITATION PROJECTS ON INLAND WATERWAYS. (a) IN GENERAL.—Amounts in the T r u s t F u n d shall be available, as provided by appropriations Acts, for making construction and rehabilitation expenditures for navigation on the inland and intracoastal waterways of the United States described in section 206 of this Act. No amount may be a p p r o p r i a t e d out of the T r u s t F u n d unless the law authorizing the expenditure for which the amount is appropriated explicitly provides that the appropriation is to be made out of the Trust Fund.

33 USC 1802.

(b) EXPENDITURES M U S T B E OTHERWISE AUTHORIZED BY L A W. —

Nothing in this section shall be deemed to authorize any program, project, or other activity not otherwise authorized by law. SEC. 205. STUDY WITH RESPECT TO INLAND WATERWAY USER TAXES AND CHARGES.

33 USC 1803.

(a) STUDY DIRECTED.—The Secretary of Transportation and the

Secretary of Commerce, in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the W a t e r Resources Council, and the Director of the Office of Management and Budget, shall— (1) make a full and complete study with respect to inland waterway user taxes and charges, and (2) make findings and policy recommendations with respect thereto. Such study shall include (but shall not be limited to) a consideration of the matters listed in subsections (b), (c), (d), (e), and (f) of this section. (b) CONSIDERATIONS RELATING TO THE T A X I N G M E C H A N I S M. —

' '

'

(1) The extent to which the Federal Government should seek to recover some or all of Federal expenditures for the benefit of inland waterway transportation from the users of the facilities for which such expenditures are made. (2) The various forms of inland waterway user taxes and charges which could be established. (3) The various methods of collecting inland waterway user taxes and charges, and the administrative costs of such taxes and charges. (4) The classes and categories of users and other persons on whom inland waterway user taxes and charges should be imposed. (5) The waterways of the United States (including the Great Lakes, deep draft channels, and coastal ports) which should be included in any system of user taxes and charges, together with the economic effects of such taxes and charges.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/113

 REVIEWS.

previous volumes of General Pitt-Rivers’ record of his excavations on and in the neighbourhood of his property at Rushmore have been described and reviewed in The Archæological Review, vol. ii., p. 377, and in Folk-Lore, vol. iv., p. 239. Readers of those reviews and of the volumes themselves know and (the latter especially) appreciate the extreme, if not unparalleled, and exhaustive care with which the excavations were conducted, the magnificence with which they have been recorded, and the learning and skill with which the results were discussed. All these qualities, it is needless to say, are abundantly illustrated in the new volume before us.

It opens with an address delivered at Dorchester in August, 1897, to the Archæological Institute, containing a summary account of the explorations and a consideration of some of the chief problems involved in the discoveries. These are preceded by a reply to strictures by the late Sir J. W. Dawson on some flints of palæolithic type obtained by General Pitt-Rivers in the stratified gravel of Gebel Assart, near Thebes, in Egypt, and on his report of them contained in the eleventh volume of the Journal of the Anthropological Institute. The motive of these strictures was the supposed necessity to uphold what General Pitt-Rivers refers to as “the so-called chronology of the Bible.” Although they had been made so far back as 1884 at the Victoria Institute, they had never been communicated to the finder of the flints, who was left in ignorance of them, and consequently of the opportunity of replying to them, for a dozen years. The reply,


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Page:United States Statutes at Large Volume 92 Part 2.djvu/419

 PUBLIC LAW 95-502—OCT. 21, 1978 (6) The use of revenues derived from inland waterway user taxes and charges, including consideration of changes in, or alternatives to, the T r u s t F u n d mechanism. (c)

CONSIDERATIONS RELATING TO ECONOMIC E F F E C T S. — The eco-

nomic eflfects of waterway user taxes and charges on— (1) C A R R I E R S AND USERS.—On—

(A) carriers and shippers using the inland waterways, and (B) users (including ultimate consumers) of commodities which are transported on the inland waterways. (2) REGIONS, E T C. — O n —

(A) existing investment in industrial plants, agricultural interests, and commercial enterprises, and on related employment, in regions of the country served by inland water transportation directly or in combination with other modes, and (B) future economic growth prospects in such regions, including anticipated shifts of industry and employment to other areas together with an evaluation of effects on regional economies and their development, including consistency with Federal policies as set forth in other legislation. (3) S M A L L BUSINESS AND INDUSTRIAL CONCENTRATION AND COMPETITION.—On—

(A) small business enterprise, and (B) industrial concentration and competition, both within the transportation industry and in any line of commerce (within the meaning of the antitrust laws). (4) COMPETITORS.—On the freight rates charged by other modes of transportation and the extent of short-term and long-term diversion of traffic from the inland waterways to such other modes. I n considering such diversion of traffic, there shall also be considered the effects of such diversion on— (A) the development of alternative sources of supply and on alternative modes of transportation and alternative routing to market, (B) the comparative safety of the handling and transportation of hazardous materials, and (C) the comparative energy efficiency of the modes and routes of the transportation involved. (5) PRICES.—On prices of commodities shipped by inland waterways and by competing modes, including the costs of energy materials and the effects on electric power rates. (6) BALANCE OF PAYMENTS.—On the balance of payments of the

United States based on our international trade. (d) CONSIDERATIONS RELATING TO ECONOMIC FEASIBILITY OF W A T E R WAY IMPROVEMENT P R O J E C T S; LEVEL OF B E N E F I T S FROM WATERWAY EXPENDITURES.—

(1) The effects of inland waterway user taxes and charges on the economic feasibility of inland waterway improvement projects. (2) The comparative levels of benefits received from Federal expenditures on inland waterways for— (A) commercial uses, and (B) other uses, including (but not limited to) recreation, reclamation, water supply, low-flow augmentation, fish and wildlife enhancement, hydroelectric power, flood control, and irrigation uses.

92 STAT. 1699

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 92 STAT. 1700

PUBLIC LAW 95-502—OCT. 21, 1978 (e)

CONSIDERATIONS RELATING TO FEDERAL ASSISTANCE.—

(1) The extent of past, present, and expected future Federal assistance to the several modes of freight transportation. Such consideration shall include an evaluation and comparison of the public benefits resulting from such assistance to each of the several transportation modes in terms of adequacy, efficiency, and economy of service, safety, technological progress, and energy conservation. The Federal assistance considered under this paragraph shall include all forms of such assistance, such as tax advantages, direct grants, rate adjustments for improvement purposes, assumption of pension fund liabilities, loans, guarantees, capital participation, revenues from land grants, and provision of right-of-way operation, maintenance, and improvement. (2) The competitive effects of past, present, and expected future Federal expenditures on inland waterways on competitive modes of transportation. (3) The need for Federal assistance to agricultural, industrial, and other interests affected by inland waterway user taxes and charges. (f)

CONSIDERATIONS RELATING TO POLICY AND FUTURE DEVELOP-

MENT.—The effects of inland waterway user taxes and charges on— (1) The achievement of the objectives of the National Transportation Policy as set forth in the preamble to the Transporta49 USC prec. 1. tion Act of 1940. (2) The expansion and improvement of the inland waterways determined to be necessary by the Secretary of the Army under 33 USC 540 note. section 158 of the Water Resources Development Act of 1976 (Public Law 94-587) or estimated to be necessary under paragraph (3). (3) The requirements of the Nation through the year 2000 for transportation service, the portion thereof which should be provided by inland waterway carriers, and an estimate of the expansion and improvement of inland waterway capacity necessary to meet such requirements. (g) INLAND WATERWAY USER TAXES AND CHARGES DEFINED.—For

Transmittal to Congress.

33 USC 1804. Ante, 1696.

purposes of this section, the term "inland waterway user taxes and charges" means taxes imposed on the use of the inland and intracoastal waterways of the United States and all alternatives to such taxes. (h) REPORT.—Not later than September 30, 1981, the Secretary of Transportation shall transmit to Congress a final report of the study required by this section, together with his findings and recommendations (including necessary legislation) and the findings and recom-' mendations of the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Management and Budget. (i) AUTHORIZATION OF APPROPRIATIONS.—There are hereby authorized to be appropriated from time to time to the Secretary of Transportation such sums, not to exceed $8,000,000 in the aggregate, as may be necessary to carry out the study required by this section. SEC. 206. INLAND AND INTRACOASTAL WATERWAYS OF THE UNITED STATES. For purposes of section 4042 of the Internal Revenue Code of 1954 (relating to tax on fuel used in commercial transportation on inland waterways) and for purposes of section 204 of this Act, the following

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Page:United States Statutes at Large Volume 92 Part 2.djvu/421

 PUBLIC LAW 95-502—OCT. 21, 1978

92 STAT. 1701

inland and intracoastal waterways of the United States are described in this section: (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at river mile (hereinafter referred to as RM) 0 to junction with Coosa River at RM 314. (2) Allegheny River: From confluence with the Monongahela River to form the Ohio River at RM 0 to the head of the existing project at East Brady, Pennsylvania, RM 72. (3) Apalachicola-Chattahoochee and Flint Rivers: Apalachicola River from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal Waterway) RM 0 to junction with Chattachoochee and Flint Rivers at RM 107.8. Chattachoochee River from junction with Apalachicola and Flint Rivers at RM 0 to Columbus, Georgia, at RM 155 and Flint River, from junction with Apalachicola and Chattahoochee Rivers at RM 0 to Bainbridge, Georgia, atRM28. (4) Arkansas River (McClellan-Kerr Arkansas River Navigation System): From junction with Mississippi River at RM 0 to port of Catoosa, Oklahoma, at RM 448.2. (5) Atchafalaya River: From RM 0 at its intersection with the Gulf Intracoastal Waterway at Morgan City, Louisiana, upstream to junction with Red River at RM 116.8. (6) Atlantic Intracoastal Waterway: Two inland water routes approximately paralleling the Atlantic coast between Norfolk, Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle and Chesapeake Canal and Great Dismal Swamp Canal routes. (7) Black Warrior-Tombigbee-Mobile Rivers: Black Warrior River System from RM 2.9, Mobile River (at Chickasaw Creek) to confluence with Tombigbee River at RM 45. Tombigbee River (to Demopolis at RM 215.4) to port of Birmingham, RM's 374411 and upstream to head of navigation on Mulberry Fork (RM 429.6), Locust Fork (RM 407.8), and Sipsey Fork (RM 430.4). (8) Columbia River (Columbia-Snake Rivers Inland Waterways): From The Dalles at RM 191.5 to Pasco, Washington (McNary Pool), at RM 330, Snake River from RM 0 at the mouth to RM 231.5 at Johnson Bar Landing, Idaho. (9) Cumberland River: Junction with Ohio River at RM 0 to head of navigation, upstream to Carthage, Tennessee, at RM 313.5. (10) Green and Barren Rivers: Green River from junction with the Ohio River at RM 0 to head of navigation at RM 149.1. (11) Gulf Intracoastal Waterway: From St. Mark's River, Florida, to Brownsville, Texas, 1,134.5 miles. (12) Illinois Waterway (Calumet-Sag Channel): From the junction of the Illinois River with the Mississippi River RM 0 to Chicago Harbor at Lake Michigan, approximately RM 350. (13) Kanawha River: From junction with Ohio River at RM 0 to RM 90.6 at Deep water, West Virginia. (14) Kaskaskia River: From junction with the Mississippi River at RM 0 to RM 36.2 at Fayetteville, Illinois. (15) Kentucky River: From junction with Ohio River at RM 0 to confluence of Middle and North Forks at RM 258.6. (16) Lower Mississippi River: From Baton Rouge, Louisiana, RM 233.9 to Cairo, Illinois, RM 953.8.

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 92 STAT. 1702

PUBLIC LAW 95-502—OCT. 21, 1978 (17) Upper Mississippi River: From Cairo, Illinois, EM 953.8 to Minneapolis, Minnesota, RM 1,811.4. (18) Missouri River: From junction with Mississippi River at RM 0 to Sioux City, Iowa, at RM 734.8. (19) Monongahela River: From junction with Allegheny River to form the Ohio River at RM 0 to junction of the Tygart and West Fork Rivers, Fairmont, West Virginia, at RM 128.7. (20) Ohio River: From junction with the Mississippi River at RM 0 to junction of the Allegheny and Monongahela Rivers at Pittsburgh, Pennsylvania, at RM 981. (21) Ouachita-Black Rivers: From the mouth of the Black River at its junction with the Red River at RM 0 to RM 351 at Camden, Arkansas. (22) Pearl River: From junction of West Pearl River with the Rigolets at RM 0 to Bogalusa, Louisiana, RM 58. (23) Red River: From RM 0 to the mouth of Cypress Bayou atRM236. (24) Tennessee River: From junction with Ohio River at RM 0 to confluence with Holstein and French Rivers at RM 652. (25) White River: From RM 9.8 to RM 255 at Newport, Arkansas. (26) Willamette River: From RM 21 upstream of Portland, Oregon, to Harrisburg, Oregon, at RM 194. i

26 USC 513.

TITLE III—PROCEEDS FROM BINGO GAMES

SEC. 301. (a) Section 513 of the Internal Revenue Code of 1954 (defining unrelated trade or business) is amended by adding at the end thereof the following new subsection: "(f) CERTAIN BINGO GAMES.—

Definitions.

"(1) IN GENERAL.—The term 'unrelated trade or business' does not include any trade or business which consists of conducting bingo games. "(2) BINGO GAME DEFINED.—For purposes of paragraph (1),

the term 'bingo game' means any game of bingo— " (A) of a type in which usually— "(i) the wagers are placed, ' ' "(ii) the winners are determined, and "(iii) the distribution of prizes or other property is made, in the presence of all persons placing wagers in such game, "(B) the conducting of which is not an activity ordinarily carried out on a commercial basis, and " (C) the conducting of which does not violate any State or local law." 26use513 note. (b) The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1969. SEC. 302. (a) Paragraph (3) of section 527(c) of the Internal Reve26 USC 527. nue Code of 1954 (defining exempt fimction income) is amended by striking out "or" at the end of subparagraph (B), by adding "or" at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: "(D) proceeds from the conducting of any bingo game (as Supra. defined in section 513(f)(2)),".

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 PUBLIC LAW 95-502—OCT. 21, 1978

92 STAT. 1703

(b)(1) The amendment made by subsection (a) shall apply to 26 USC 527 note, taxable years beginning after December 31, 1974, except that notwithstanding any other provision of law to the contrary, no amounts held at the date of enactment of this bill by an organization described in section 527(e)(1) of the Internal Revenue Code of 1954 in escrow, 26 USC 527. in separate accounts for the payment of Federal taxes, or in any other fund which are proceeds described in section 527(c)(3)(D) of such Code may be used, directly or indirectly, to make a contribution or expenditure (as defined in section 301(e) and (f) of the Federal Election Campaign Act of 1971; 2 U.S.C. 431(f)) in connection with any election held before January 1, 1979. (2) Such amounts as described in (1) above shall not be considered as security or collateral for any loan by any State or national bank or any other person or organization. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1608 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 10, considered and passed Senate, amended. Oct. 13, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43: Oct. 21, Presidential statement.

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 86 respect, and that we should aid the accomplishment of the task I have indicated by all means in our power. Let us recollect that whilst, as Britons, we have no right to allow the beliefs and fancies of the Celtic half of our race to die away to the irreparable injury of science and of after-generations, they yield us as folklorists perhaps the most fruitful field still open to the student of archaic Europe.

If it be true that, by their position, their history, their mixture of blood and speech, their social and economic conditions now and in the past, their possession of the archaic literature in which are preserved the beliefs, legends, and practices of one of the constituent elements of modern Europe and its culture, the British Isles have a special import for all the inquiries grouped together as the study of folklore—that our land has taken a preponderant part in the formation and discrimination of folklore material which has influenced the whole trend of European culture—if it be also true that the results of our study may and should influence, and influence for the good, our attitude towards imperial and world-wide problems, we are, I think, entitled to claim that our Society has a work and prerogatives of ts own, prerogatives which are honourable and legitimate, work which it alone and no other body can perform.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/424

 92 STAT. 1704

PUBLIC LAW 95-503—OCT. 24, 1978

Public Law 95-503 95th Congress An Act Oct. 24. 1978 [S. 2411]

Courts. Transportation expenses. 18 USC 4285. 18 USC 3141 et seq.

Effective date. 18 USC 4285 note.

To amend chapter 315 of title 18, United States Code, to authorize payment of transportation expenses for persons released from custody pending their appearance to face criminal charges before that court, any division of that court, or any court of the United States in another Federal judicial district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 315 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 4285. Persons released pending further judicial proceedings "Any judge or magistrate of the United States, when ordering a person released under chapter 207 on a condition of his subsequent appearance before that court, any division of that court, or any court of the United States in another judicial district in which criminal proceedings are pending, may, when the interests of justice would be served thereby and the United States judge or magistrate is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own, direct the United States marshal to arrange for that person's means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required, and in addition may direct the United States marshal to furnish that person with an amount of money for subsistence expenses to his destination, not to exced the amount authorized as a per diem allowance for travel under section 5702(a) of title 5, United States Code. When so ordered, such expenses shall be paid by the marshal out of funds authorized by the Attorney General for such expenses.". SEC. 2. The section analysis of chapter 315 of title 18, United States Code, is amended by adding at the end thereof the following new item: "4285. Persons released pending further judicial proceedings.". SEC. 3. The amendments made by this Act shall take effect on October 1, 1978. Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1653 (Gomm. on the Judiciary). SENATE REPORT No. 95-760 (Gomm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 27, considered and passed Senate. Oct. 10, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/425

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1705

Public Law 95-504 95th Congress An Act To amend the Federal Aviation Act of 1958, to encourage, develop, and attain an air transportation system which relies on competitive market forces to determine the quality, variety, and price of air services, and for other purposes.

Oct. 24, 1978 [S. 2493]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Airline SHORT TITLE

SECTION

of 1978".

Deregulation Act of 1978.

1. This Act may be cited as the "Airline Deregulation Act 49 USC 1301 note. DEFINITIONS

SEC. 2. (a) Section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301) is amended— (1) by inserting after paragraph (13) the following new paragraphs: "(14) 'Charter air carrier' means an air carrier holding a certificate of public convenience and necessity authorizing it to engage in charter air transportation, "(15) 'Charter air transportation' means charter trips, including inclusive tour charter trips, in air transportation, rendered pursuant to authority conferred under this Act under regulations prescribed by the Board."; (2) by inserting after paragraph (32) the following new paragraph: " (33) 'Predatory' means any practice which would constitute a violation of the antitrust laws as set forth in the first section of the Clayton Act (15 U.S.C. 12)."; (3) by inserting after paragraph (35) the following new paragraph: "(36) 'State agency' means that department, agency, officer, or other entity of a State government which has been designated according to State law as— "(A) the recipient of any notice required under title IV of this Act to be given to a State agency; or "(B) the representative of the State in any matter about which the Board is required, under such title IV, to consult with or consider the views of a State agency."; and (4) by striking out paragraphs (36) and (37). (b) Section 101 of such Act is amended by renumbering the paragraphs of such section, including all references thereto, as paragraphs (1) through (41), respectively. DECLARATION OF POLICY

SEC. 3. (a) Section 102(a) of the Federal Aviation Act of 1958 (49 LT.S.C. 1302 (a)) is amended to read as follows:

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 92 STAT. 1706

PUBLIC LAW 95-504—OCT. 24, 1978 "FACTORS FOR INTERSTATE AND OVERSEAS AIR TRANSPORTATION

"SEC. 102. (a) In the exercise and performance of its powers and duties under this Act with respect to interstate and overseas air transportation, the Board shall consider the following, among other things, ' \^ as being in the public interest, and in accordance with the public convenience and necessity: "(1) The assignment and maintenance of safety as the highest priority in air commerce, and prior to the authorization of new air transportation services, full evaluation of the recommendations of the Secretary of Transportation on the safety implications of such new services and full evaluation of any report or Post, p. 1709. recommendation submitted under section 107 of this Act. "(2) The prevention of any deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedi1,, „, cation of the Congress to the furtherance of the highest degree of safety in air transportation and air commerce, and the maintenance of the safety vigilance that has evolved within air transportation and air commerce and has come to be expected by the traveling and shipping public. " (3) The availability of a variety of adequate, economic, efficient, and low-price services by air carriers without unjust discriminations, undue preferences or advantages, or unfair or deceptive practices, the need to improve relations among, and coordinate transportation by, air carriers, and the need to encourage fair wages and equitable working conditions. " (4) The placement of maximum reliance on competitive market forces and on actual and potential competition (A) to provide the needed air transportation system, and (B) to encourage efficient and well-managed carriers to earn adequate profits and to attract capital. "(5) The development and maintenance of a sound regulatory environment which is responsive to the needs of the public and in which decisions are reached promptly in order to facilitate adaption of the air transportation system to the present and future needs of the domestic and foreign commerce of the United States, the Postal Service, and the national defense. "(6) The encouragement of air service at major urban areas through secondary or satellite airports, where consistent with regional airport plans of regional and local authorities, and when such encouragement is endorsed by appropriate State entities encouraging such service by air carriers whose sole responsibility in any specific market is to provide service exclusively at the secondary or satellite airport, and fostering an environment which reasonably enables such carriers to establish themselves and to develop their secondary or satellite airport services. "(7) The prevention of unfair, deceptive, predatory, or anticompetitive practices in air transportation, and the avoidance of— " (A) unreasonable industry concentration, excessive market domination, and monopoly power; and "(B) other conditions; that would tend to allow one or more air carriers unreasonably to increase prices, reduce services, or exclude competition in air transportation. " (8) The maintenance of a comprehensive and convenient system of continuous scheduled airline service for small communities and for isolated areas, with direct Federal assistance where appropriate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/427

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1707

" (9) The encouragement, development, and maintenance of an air transportation system relying on actual and potential competition to provide efficiency, innovation, and low prices, and to determine the variety, quality, and price of air transportation services. "(10) The encouragement of entry into air transportation markets by new air carriers, the encouragement of entry into additional air transportation markets by existing air carriers, and the continued strengthening of small air carriers so as to assure a more effective, competitive airline industry.". (b) Section 102 of such Act is amended by adding at the end thereof 49 USC 1302: the following new subsection: "FACTORS FOR FOREIGN AIR TRANSPORTATION

" (c) I n the exercise and performance of its powers and duties under this Act with respect to foreign air transportation, the Board shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity: " (1) The encouragement and development of an air transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. " (2) The regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic conditions in, such transportation, and to improve the relations between and coordinate transportation by air carriers. " (3) The promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices. " (4) Competition to the extent necessary to assure the sound development of an air transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. " (5) The promotion of safety in air commerce. " (6) The promotion, encouragement, and development of civil aeronautics.". (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "SEC. 102. Declaration of Policy: The Board." is amended by striking out " (a) General factors for consideration. "(b) Factors for all-cargo air service." and inserting in lieu thereof " (a) Factors for interstate and overseas air transportation. "(b) Factors for all-cargo air service. "(c) Factors for foreign air transportation.". FEDERAL PREEMPTIONT

SEC. 4. (a) Title I of the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.) is amended by adding at the end thereof the following new section:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/428

 92 STAT. 1708

PUBLIC LAW 95-504—OCT. 24, 1978 (

"FEDERAL

PREEMPTION

"PREEMPTION

49 USC 1305.

49 USC 1371.

49 USC 1371.

" SEC. 105. (a)(1) Except as provided in paragraph (2) of this subsection, no State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any air carrier having authority under title IV of this Act to provide interstate air transportation. " (2) Except with respect to air transportation (other than charter air transportation) provided pursuant to a certificate issued by the Board under section 401 of this Act, the provisions of paragraph (1) of this subsection shall not apply to any transportation by air of persons, property, or mail conducted wholly within the State of Alaska. "PROPRIETARY POWERS AND RIGHTS

" (b)(1) Nothing in subsection (a) of this section shall be construed to limit the authority of any State or political subdivision thereof or any interstate agency or other political agency of two or more States as the owner or operator of an airport served by any air carrier certificated by the Board to exercise its proprietary powers and rights. " (2) Any aircraft operated between points in the same State (other than the State of H a w a i i) which in the course of such operation crosses a boundary between two States, or between the United States and any other country, or between a State and the beginning of the territorial Avaters of the United States, shall not, by reason of crossing such boundary, be considered to be operating in interstate or overseas air transportation. "EXISTING STATE AUTHORITY

" (c) W h e n any intrastate air carrier which on August 1, 1977, was operating primarily in intrastate air transportation regulated by a State receives the authority to provide interstate air transportation, any authority received from such State shall be considered to be part of its authority to provide air transportation received from the Board under title TV of this Act, until modified, suspended, amended, or terminated as provided under such title. "DEFINITION

" (d) For purposes of this section, the term 'State' means any State, the District of Columbia, the Commonwealth of P u e r to Rico, the Commonwealth of the Northern M a r i a n a Islands, Guam, the Virgin Islands, and any territory or possession of the United States.". (b) That portion of the table of contents contained in the first section of such Act which appears under the center heading "TITLE I—GENERAL PROVISIONS"'

is amended by adding at the end thereof "See. 105. Federal preemption. " (a) Preemption. " (b) Proprietary powers and rights. "(c) Existing State authority. " (d) Definition.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/429

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1709

REPORT ON SUBSIDY COST-SHARING, STUDY OF LEVEL OF AIR SAFETY, AND REPORT ON AIR CARRIER MARKETING OF TOURS

SEC. 5. (a) Title I of the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.) is further amended by adding at the end thereof the following new sections: " R E P O R TO N SUBSIDY COST-SHARING

" SEC. 106. Not later than January 1, 1980, the Board and the Secre- 49 USC 1306. t a r y of Transportation, shall, separately or jointly, submit a comprehensive report to the Congress on the feasibility and appropriateness of devising formulas by which States and their political subdivisions could share part of the costs being incurred by the United States under sections 406 and 419 of this Act, Such report shall include 49 USC 1376. any recommendations of the Board and the Secretary for the imple- Post, p. 1732. mentation of such cost-sharing formulas. "SAFETY

STUDY

"POLICY

" SEC. 107. (a) The Congress intends that the implementation of the 49 USC 1307. Airline Deregulation Act of 1978 result in no diminution of the high standard of safety in air transportation attained in the United States at the time of the enactment of such Act. 'REPORT

" (b) Not later than January 31, 1980, and each January 31 thereafter, the Secretary of Transportation shall prepare and submit to the Congress and the Board a comprehensive annual report on the extent to which the implementation of the Airline Deregulation Act of 1978 has affected, during the preceding calendar year, or will Ante, p. 1705. affect, in the succeeding calendar year, the level of air safety. E a c h such report shall, at a minimum, contain an analysis of each of the following: " (1) All relevant data on accidents and incidents occurring during the calendar year covered by such report in air transportation and on violations of safety regulations issued by the Secretary of Transportation occurring during such calendar year. " (2) Current and anticipated personnel requirements of the Administrator with respect to enforcement of a i r safety regulations. " (3) Effects on current levels of air safety of changes or proposals for changes in air carrier operating practices and procedures which occurred during the calendar year covered by such report. " (4) The adequacy of air safety regulations taking into consideration changes in air carrier operating practices and procedures which occurred during the calendar year covered by such report. Based on such report, the Secretary shall take those steps necessary to ensure that the h i g h standard of safety in air transportation referred to in subsection (a) of this section is maintained in all aspects of air transportation in the United States.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/430

 92 STAT. 1710

PUBLIC LAW 95-504—OCT. 24, 1978 "RECOMMENDATIONS

" (c) Not later than January 31, 1980, and each January 31 thereafter, the Secretary of Transportation shall submit to the Congress and the B o a r d recommendations with respect to the level of surveillance necessary to enforce a i r safety regulations and the level of staffing necessary to carry out such surveillance. The Secretary of Transportation's recommendations shall include proposals for any legislation needed to implement such recommendations. "REGULATIONS AND INSPECTION PROCEDURES

Review and report to congressional committees.

49 USC 1371.

" (d) Not later than July 1, 1979, the Secretary of Transportation shall complete a thorough review, and submit a report thereon to the appropriate authorizing committees of the Congress and to the Administrator, of the safety regulations and inspection procedures applicable to each class of air carriers subject to the provisions of title IV of this Act, in order to ensure that all classes of a i r carriers are providing the highest possible level of safe, reliable air transportation to all the communities served by those air carriers. Based on such review, the Administrator shall promulgate such safety regulations and establish such inspection procedures as the Administrator deems necessary to maintain the highest standard of safe, reliable air transportation in the United States. u REPORT O N A I R CARRIER M A R K E T I N G o r TOURS

49 USC 1308.

.

" SEC. 108. Not later than May 1, 1979, the B o a r d shall prepare and submit a report to the Congress which sets forth the recommendations of the Board on whether this Act and regulations of the Board should be amended to permit a i r carriers to sell tours directly to the public and to acquire control of persons authorized to sell tours to the public. The report shall evaluate the effects on the following groups of allowing air carriers to sell to u r s: " (1) The traveling public. " (2) The independent tour operator industry. " (3) The travel agent industry. " (4) The different classes of air carriers.", (b) That portion of the table of contents contained in the first section of such Act which appears under the center heading " TITLE I—GENEBAL PROVISIONS"

is amended by a d d i n g at the end thereof "Sec. 106. Report on subsidy cost-sharing. "Sec. 107. Safety study. "(a) Policy. r "(b) Report. "(c) Recommendations. "(d) Regulations and inspection procedure. "Sec. 108. Report on air carrier marketing of tours.". APPLICATION FOR CERTIFICATE

SEC. 6. Section 401(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1371 (b)) is amended— (1) by striking out " and shall be so verified"; and (2) by inserting ", and upon any community affected" immediately before the period.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/431

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1711

ROUTE APPLICATIONS

SEC. 7. (a) Section 401(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1371 (c)) is amended to read as follows: "ROUTE APPLICATIONS

" (c)(1) Upon the filing of any application pursuant to subsection (b) of this section, the Board shall give due notice thereof to the public by posting a notice of such application in the office of the secretary of the B o a r d and to such other persons as the B o a r d may by regulation determine. The B o a r d shall— " (A) set such application for a public h e a r i n g; " (B) begin to make a determination with respect to such application under the simplified procedures established by the Board in regulations pursuant to subsection (p); or " (C) dismiss such application on the merits; not later than ninety days after the date the application is filed with the Board. Any interested person may file with the Board a protest or memorandum of opposition to or in support of the issuance of the certificate requested by such application. Any order of dismissal of an application issued by the B o a r d without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures, shall be deemed a final order subject to judicial review in accordance with the provisions of section 1006 of this Act. " (2) I f the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection, an initial or recommended decision shall be issued not later than one hundred and fifty days after the date of such determination by the Board. Not later than ninety days after the initial or recommended decision is issued, the Board shall make its final order with respect to such application. If the Board does not act within such ninety-day period— " (A) in the case of an application for a certificate to engage in interstate or overseas air transportation, the initial or recommended decision shall become the final decision of the Board and shall be subject to judicial review in accordance with the provisions of section 1006 of this Act; and " (B) in the case of an application for a certificate to engage in foreign air transportation, the initial or recommended decision shall be transmitted to the President pursuant to section 801 of this Act. " (3) Not later than the one-hundred-eightieth day after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section, the Board shall issue its final order with respect to such application. " (4) If an applicant fails to meet the procedural schedule adopted by the Board in a particular proceeding, the applicable period prescribed in paragraph (2) or (3) of this subsection may be extended by the Board for a period equal to the period of delay caused by the applicant. I n addition to any extension authorized by the preceding sentence, in extraordinary circumstances, the Board may, by order delay an initial or recommended decision for not to exceed t h i r t y days beyond the final date on which the decision is required to be made.". (b) The amendments made by subsection (a) of this section shall

Public notice,

49 USC 1486.

Final order,

49 USC 1461.

49 USC 1371

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Page:United States Statutes at Large Volume 92 Part 2.djvu/432

 92 STAT. 1712 49 USC 1371.

PUBLIC LAW 95-504—OCT. 24, 1978 apply to any application filed under section 401(b) of the Federal Aviation Act of 1958 on or after the one-hundred-eightieth day after the date of enactment of this Act. (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of public convenience and necessity." is amended by striking out "(c) Notice of application." and inserting in lieu thereof i "(c) Route applications." ISSUANCE OF CERTIFICATE

SEC. 8. Paragraphs (1), (2), and (3) of section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)(l) - (3)) are amended to read as follows: "(d)(1) The Board shall issue a certificate authorizing the whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able to perform such transportation properly and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder, and that such transportation— "(A) in the case of interstate or overseas air transportation, is consistent with the public convenience and necessity; and "(B) in the case of foreign air transportation, is required by the public convenience and necessity; otherwise such application shall be denied. " (2) In the case of an application for a certificate to engage in temporary air transportation, the Board may issue a certificate authorizing the whole or any part thereof for such limited periods— "(A) in the case of an application for interstate or overseas air transportation, as is consistent with the public convenience and necessity; and "(B) in the case of an application for foreign air transportation, as may be required by the public convenience and necessity; if it finds that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. "(3) I n the case of an application for a certificate to engage in charter air transportation, the Board may issue a certificate to any I i.:, applicant, not holding a certificate under paragraph (1) or (2) of this subsection on January 1, 1977, authorizing interstate air transportation of persons, which authorizes the whole or any part thereof— "(A) in the case of an application for interstate or overseas air transportation, for such periods, as is consistent with the public convenience and necessity; and " (B) in the case of an application for foreign air transportation, for such periods, as may be required by the public convenience and necessity; if it finds that the applicant is fit, willing, and able properly to perform the transportation covered by the application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/433

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1713

THROUGH SERVICE AND JOINT FARES

SEC. 9. Paragraph (4) of section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)(4)) is amended to read as follows: "(4)(xV) Notwithstanding any other provision of this Act, any citizen of the United States who undertakes, within any State, the carriage of persons or property as a conunon carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency is authorized— "(i) to establish services for persons and property which includes transportation by such citizen over its routes in such State and transportation by an air carrier or a foreign air carrier in air transportation; and "(ii) subject to the requirements of section 412 of this title, to 49 USC 1382. enter into an agreement with any air carrier or foreign air carrier for the establishment of joint fares, rates, or services for such through services. ''(B) The joint fares or rates established under clause (ii) of subparagraph (A) of this paragraph shall be the lowest of— "(i) the sum of the applicable fare or rate for service in the State approved by the appropriate State agency, and the applicable fare or rate for that part of the through service provided by the air carrier or foreign air carrier; "(ii) a joint fare or rate established and filed in accordance with section 403 of this Act; or 49 USC 1373. '"(iii) a joint fare or rate established by the Board in accordance with section 1002 of this Act.". 49 USC 1482. UNUSED AUTHORITY

SEC. 10. (a) Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is amended by adding at the end thereof the following new paragraph: "(5)(A) Except as provided in subparagraphs (B) and (G)(i) of this paragraph, if an air carrier is authorized by its certificate to provide round trip service nonstop each way between any two points in the forty-eight contiguous States or between any two points in overseas air transportation and if such air carrier fails to provide such service pursuant to published flight schedules at a minimum of five round trips per week for at least thirteen weeks during any twenty-six-week period (other than such a period during which service was interrupted by a labor dispute which lasted more than six weeks) the last day of which ends on or after the date of enactment of this paragraph and if such service, at a minimum of five round trips per week, has been provided between such points for at least thirteen weeks during such twenty-six-week period, pursuant to published flight schedules, by no more than one other air carrier, then the Board shall issue a certificate to the first applicant who, within thirty days after the last day of such twenty-six-week period, submits an application which certifies that its aircraft meet all requirements established by the Secretary of Transportation for the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft in commerce and that it is able to conform to the rules, regulations, and requirements of the Board promulgated pursuant to this Act.

39-194 O—80—pt. 2

28: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/434

 92 STAT. 1714

Final order.

PUBLIC LAW 95-504—OCT. 24, 1978 "(B) Except as provided in subparagraph (G) (ii) of this paragraph, if an air carrier is authorized to provide seasonal round trip service nonstop each way between any two points in the forty-eight contiguous States in interstate air transportation or between any two points in overseas air transportation and if such air carrier fails to provide such service pursuant to published flight schedules at a minimum of five round trips per week during half of the weeks during such season (other than such a season during which service was interrupted by a labor dispute which lasted more than 25 per centum of such season) the last day of which ends on or after the date of enactment of this paragraph and if such service, at a minimum of five round trips per week, has been provided between such points for at least half of the weeks during such season, pursuant to published flight schedules, by no more than one other air carrier, then the Board shall issue a certificate to the first applicant who, within thirty days after the last day of such season, submits an application which certifies that its aircraft meet all requirements established by the Secretary of Transportation for the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft in commerce and that it is able to conform to the rules, regulations, and requirements of the Board promulgated pursuant to this Act. "(C) With respect to any application which is submitted pursuant to subparagraph (A) or (B) of this paragraph, except as provided in subparagraph (G), the Board shall issue a final order granting such certificate within fifteen days of the date of such application. "(D) Except as provided in subparagraphs (E) and (G)(i) of this paragraph, if an air carrier is authorized by its certificate to provide round trip service nonstop each way between any two points in the forty-eight contiguous States or between any two points in overseas air transportation and if such air carrier fails to provide such service pursuant to published flight schedules at a minimum of five round trips per week for at least thirteen weeks during any twenty-six-week period (other than such a period during which service was interrupted by a labor dispute which lasted more than six weeks) the last day of which ends on or after the date of enactment of this paragraph and if such service, at a minimum of five round trips per week, has been provided between such points for at least thirteen weeks during such twenty-sixweek period, pursuant to published flight schedules, by two or more other air carriers, then the Board, subject to subparagraph (F) of this paragraph, shall issue a certificate to the first applicant who, within thirty days after the last day of such twenty-six-week period, submits an application which certifies that its aircraft meet all requirements established by the Secretary of Transportation for the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft in commerce and that it is able to conform to the rules, regulations, and requirements of the Board promulgated pursuant to this Act. " (E) Except as provided in subparagraph (G) (ii) of this paragraph, if an air carrier is authorized to provide seasonal round trip service nonstop each way between any two points in the forty-eight contiguous States in interstate air transportation or between any two points in overseas air transportation and if such air carrier fails to provide such service pursuant to published flight schedules at a minimum of five round trips per week during half of the weeks during such season (other than such a season during which service was interrupted by a labor dispute which lasted more than 25 per centum of such sea-

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PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1715

son) the last day of which ends on or after the date of enactment of this paragraph and if such service, at a minimum of five round trips per week, has been provided between such points for at least half of the weeks during such season, pursuant to published flight schedules, by two or more other air carriers, then the Board, subject to subparagraph (F) of this paragraph, shall issue a certificate to the first applicant who, within thirty days after the last day of such season, submits an application which certifies that its aircraft meet all requirements established by the Secretary of Transportation for the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft in commerce and that it is able to conform to the rules, regulations, and requirements of the Board promulgated pursuant to this Act. " (F)(i) Except as provided in subparagraph (G) of this paragraph, with respect to any application which is submitted pursuant to subparagraph (D) or (E) of this paragraph, the Board shall issue a final order granting such certificate within sixty days of the date of such application, unless the Board finds that the issuance of such certificate is inconsistent with the public convenience and necessity. Prior to issuing such final order, the Board shall afford adequate Notice, notice and opportunity for interested persons to file appropriate written evidence and argument, but the Board need not hold oral evidentiary hearings. "(ii) For purposes of clause (i) of this subparagraph, there shall be a rebuttable presumption that any transportation covered by an application for a certificate submitted pursuant to subparagraph (D) or (E) of this paragraph is consistent with the public convenience and necessity. "(G)(i) if, after the failure of any air carrier to provide the mini- Notice, mum level of service between any pair of points for the period of time specified in subparagraph (A) or (D) of this paragraph and before the Board receives an application from any applicant for a certificate under such subparagraph to provide air transportation between such points, the Board receives notice from such air carrier that it intends to commence service within thirty days of such notice and to provide a minimum of five round trips per week for thirteen consecutive weeks between such points and the Board has not previously received notice from such air carrier with respect to such points, the Board shall not approve such application for a certificate to provide service between such points during such thirteen-week period based upon such failure, unless such air carrier fails to provide such service during such thirteen-week period. "(ii) If, after the failure of any air carrier to provide the minimum level of service between any pair of points for the period of time specified in subparagraph (B) or (E) of this paragraph and before the Board receives an application from any applicant for a certificate under such subparagraph to provide air transportation between such points, the Board receives notice from such air carrier that it intends to commence service within fifteen days of the first day of the next season and to provide a minimum of five round trips per week for the first half of such season between such points and the Board has not previously received notice from such air carrier with respect to such points, the Board shall not approve such application for a certificate to provide service between such points during the first half of such period based upon such failure, unless such air carrier fails to provide such service during the first half of such period.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/436

 92 STAT. 1716

Revocation of certificate.

Revocation of certificate.

PUBLIC LAW 95-504—OCT. 24, 1978

" (H)(i) Whenever the Board issues a certificate pursuant to subparagraph (A) or (D) of this paragraph, the air carrier receiving such certificate shall commence service pursuant to such certificate within forty-five days of such issuance. If such air carrier fails to commence service within such period, the Board shall revoke such certificate. "(ii) Whenever the Board issues a certificate pursuant to subparagraph (B) or (E) of this paragraph to provide seasonal service, the air carrier receiving such certificate shall commence service pursuant to such certificate within fifteen days after the beginning of the first such season which begins on or after the date of such issuance. If such air carrier fails to commence service within such period, the Board shall revoke such certificate. "(I) Not more than one certificate shall be issued under this paragraph for round trip nonstop service between two points in interstate air transportation based upon the failure of the same air carrier to provide such service between such points. " (J) Whenever the Board issues a certificate pursuant to subparagraph (A) of this paragraph based upon the failure of any air carrier to provide the round trip service described in such subparagraph, the Board shall suspend the authority of such air carrier to provide such service, and suspend the authority of any other air carrier which failed to provide such service during the same twentysix-week period for twenty-six weeks after the date of issuance of such certificate pursuant to subparagraph (A), or until such time within such twenty-six weeks as the air carrier to which a certificate is issued under such subparagraph fails to provide such service at a minimum of five round trips per week for at least thirteen weeks, whichever first occurs, except that the Board shall not suspend the authority of such air carriers under this subparagraph if the Board finds that such suspension is not necessary to encourage continued service between such points by the air carrier which received a certificate under subparagraph (A).". (b) Section 401(f) of such Act is amended by striking out "hereinafter provided" and inserting in lieu thereof "provided in this section". F I L L - U P RIGHTS

SEC. 11. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is further amended by adding at the end thereof the following new paragraph: "(6) Any air carrier holding a valid certificate to engage in foreign air transportation is authorized, on any scheduled flight in foreign air transportation, to transport persons, property, and mail between points in the United States between which it is authorized to operate during such flight. The authority described in the preceding sentence shall be limited to one round-trip flight per day between any such pair of points, unless the Board authorizes more than one round-trip flight per day between any such pair of points.". AUTOMATIC MARKET ENTRY PROGRAM

SEC. 12. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is further amended by adding at the end thereof the following new paragraph: "(7)(A) After the first business day of each of the calendar years 1979. 1980, and 1981 and before the thirtieth day of such calendar year—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/437

 PUBLIC LAW 95-504—OCT. 24, 1978 "(i) any air carrier which (I) has operated during the preceding calendar year in accordance with a certificate issued by the Board under this section which has been in force during such entire preceding calendar year, and (II) has provided air transportation of persons during such calendar year; and "(ii) any intrastate air carrier which has a valid certificate or license issued by a State regulatory authority to engage in intrastate air transportation and which has operated more than one hundred million available seat-miles in intrastate air transportation in the preceding calendar year; may apply to the Board for a certificate under this subparagraph to engage in nonstop service between any one pair of points in interstate or overseas air transportation (other than a pair of points either point of which is in the State of Hawaii) in addition to any pair of points authorized by any existing certificate or license held by such air carrier or intrastate air carrier, except that no air carrier may apply to engage in nonstop service between such pair of points if any air carrier has filed written notice to the Board pursuant to subparagraph (C) of this paragraph with respect to such pair of points. Not later than the sixtieth day after the date on which the Board receives an application from an applicant under this subparagraph, the Board shall issue a certificate to such applicant for the nonstop service specified in such application, unless within such sixty-day period the Board determines that the applicant is not fit, willing, and able to provide such nonstop service and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board issued under this Act. "(B) Not later than the one-hundred-twentieth day of calendar year 1979, 1980, or 1981, any air carrier which submitted an application to the Board in accordance with subparagraph (A) of this paragraph in such calendar year and— "(i) which did not receive a certificate to provide service between the pair of points set forth in the application because of a determination by the Board nnder such subparagraph (A); or "(ii) which received a certificate to provide service between such pair of points, but was not the only air carrier to receive a certificate under such subparagraph (A) during such calendar year to provide nonstop service between such pair of points; may reapply to the Board for a certificate to engage in nonstop service between any one pair of points in interstate or overseas air transportation (other than the pair of points specified in the first application submitted to the Board by such air carrier in such calendar year and other than a pair of points either point of which is in the State of Hawaii) in addition to any pair of points authorized by any existing certificate or license held by such air carrier or intrastate aii" carrier, except that no air carrier may apply to engage in nonstop service between such pair of points if any air carrier has filed written notice to the Board pursuant to subparagraph (C) of this paragraph with respect to such pair of points. Not later than the sixtieth day after the date on which the Board receives an application under this subparagraph, the Board shall issue a certificate to the applicant for such nonstop service, unless within such sixty-day period the Board makes a determination with respect to the issuance of such certificate in accordance with the second sentence of subparagraph (A) of this paragraph. If the Board issues a certificate to an applicant under this subparagraph, it shall revoke any authority in any certificate which it granted to such applicant in the same calendar year under subparagraph (A) of this paragraph.

92 STAT. 1717

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Page:United States Statutes at Large Volume 92 Part 2.djvu/438

 92 STAT. 1718 Written notice. Ante, p. 1712.

Public availability.

Program modification.

Study of procedure.

49 USC 1302.

PUBLIC LAW 95-504—OCT. 24, 1978 "(C)(i) Subject to clause (ii) of this subparagraph, any air carrier which is authorized pursuant to paragraph (1) or (2) of this subsection to engage in nonstop service between any pair of points in interstate or overseas air transportation on the first business day of calendar year 1979, 1980, or 1981 and which wants to preclude any other air carrier from obtaining authority under subparagraph (A) or (B) of this paragraph to engage in nonstop service between such pair of points during such calendar year may, on such day, file written notice to the Board which sets forth such pair of points. Upon receipt of any written notice under the preceding sentence, the Board shall make such notice available to the public. " (ii) No air carrier may file a written notice under clause (i) of this subparagraph during any calendar year with respect to more than one pair of points in interstate or overseas air transportation. " (D)(i) The Board shall, on an emergency basis, by rule, modify the program established by this paragraph, if the Board finds that— " (I) the operation of such program is causing substantial public harm to the national air transportation system, or a substantial reduction in air service to small and medium sized communities in any region of the country; " ( II) the modification proposed by the Board is required by the public convenience and necessity in order to alleviate such harm or reduction; and " ( III) such harm or reduction identified by the Board cannot be rectified by any reasonably available means other than the modification proposed by the Board. Any emergency modification proposed by the Board under this subparagraph shall modify such program only to the minimum extent necessary to rectify the harm or reduction identified by the Board. Any emergency modification of such program may be limited to any pair of points. "(ii) The findings of fact by the Board in any proceeding held pursuant to this subparagraph, if supported by substantial evidence, shall be conclusive, No objection to a modification of the program proposed by the Board under this subparagraph shall be considered by a court unless such objection shall have been submitted to the Board, of if it was not so submitted, unless there were reasonable grounds for failure to do so. " (E) The Board shall conduct a study of the procedure for certification of air carriers and intrastate air carriers set forth in subparagraphs (A) and (B) of this paragraph to evaluate— "(i) whether such procedure is consistent with the criteria set forth in section 102 of this Act; and "(ii) the relative effectiveness of such procedure as compared with other procedures for certification set forth in this Act, including but not limited to, the procedures set forth in paragraphs (5) and (6) of this subsection and in subsection (p) of this section. Not later than December 31, 1980, the Board shall complete such study and report the results of such study to the Congress.". EXPERIMENTAIi CERTIFICATES

Ante, p. 1712.

i

SEC. 13. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is further amended by adding at the end thereof the following new paragraph: "(8) The Board may grant an application under subsection (d)(1), (2), or (3) of this section (whether the application be for permanent

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Page:United States Statutes at Large Volume 92 Part 2.djvu/439

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1719

or temporary authority) for only a temporary period of time whenever the Board determines that a test period is desirable in order to determine if projected services, efficiencies, methods, rates, fares, charges, or other projected results will in fact materialize and remain for a sustained period of time, or to assess the impact of the new services on the national air route structure, or otherwise to evaluate the proposed new services. In any case where the Board has issued a certificate under any one of such subsections on the basis that the air carrier holding such certificate Avill provide innovative or low-priced air transportation under such certificate, the Board, upon petition, or its own motion, may review the performance of such air carrier, and may alter, amend, modify, suspend, or revoke such certificate or authority in accordance with the procedures prescribed in section 401(g) of this title, on the 49 USC 1371. grounds that such air carrier has not provided, or is not providing, such air transportation.-'. DETERMINATIONS FOR ISSUANCE OF CERTIFICATES

> •

SEC. 14. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is further amended by adding at the end thereof the following new paragraph: "(9)(A) In any determination as to whether or not any applicant is fit, willing, and able to perform properly the air transportation specified in the application for a certificate described in paragraph (1)(A), (2)(A), or (3)(A) of this subsection and to conform to the Ante, p. 1712. provisions of this Act, the applicant shall have the burden of showing that it is so fit, willing, and able. "(B) In any determination as to whether the air transportation specified in any application for a certificate described in paragraph (1)(A), (2)(A), or (3)(A) of this subsection is or is not consistent with the public convenience and necessity, an opponent of the application shall have the burden of showing that such air transportation is not consistent wth the public convenience and necessity. "(C) Transportation covered by any application for a certificate described in paragraph (1)(A), (2)(A), or (3)(A) of this subsection shall, for the purposes of such paragraphs, be deemed to be consistent with the public convenience and necessity, unless the Board finds based upon a preponderance of the evidence that such transportation is not consistent with the public convenience and necessity.". TERMS AND CONDITIONS OF CERTIFICATES

SEC. 15. (a) Paragraph (3) of section 401(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(e)(3)) is amended by striking out "supplemental air transportation" and inserting in lieu thereof "foreign charter air transportation". (b) Paragraph (4) of section 401(e) of such Act is amended by striking out the semicolon and all that follows down through the period and inserting in lieu thereof a period. (c) Paragraph (6) of section 401(e) of such Act is amended by striking out "supplemental air carrier" and inserting in lieu thereof "charter air carrier". REMOVAL o r

RESTRICTIONS

SEC. 16. Section 401(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1371 (e)) is further amended by adding at the end thereof the following new paragraph:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/440

 92 STAT. 1720

49 USC 1302. Ante, p. 1711. "Closed-door restriction."

PUBLIC LAW 95-504—OCT. 24, 1978 "(7)(A) On and after the date of enactment of this paragraph, the Board shall not attach a closed-door restriction to any certificate issued under this section. Any closed-door restriction attached to any certificate issued before such date shall, on and after such date, have no force or effect. This subparagraph shall not apply to (i) a closeddoor restriction applicable to air transportation between two points both of which are in the State of Hawaii, or (ii) a closed-door restriction in effect on such date which resulted from a sale, exchange, or transfer by any air carrier of its authority to provide air transportation to another air carrier. "(B) Upon application of any air carrier seeking removal or modification of a term, condition, or limitation attached to a certificate issued under this section to engage in interstate, overseas, or foreign air transportation, the Board shall, within sixty days after the filing of such application, set such application for oral evidentiary hearings on the record or begin to consider such application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section for purposes of eliminating or modifying any such term, condition, or limitation which it finds is inconsistent with the criteria set forth in section 102 of this Act. Applications under this paragraph shall not be subject to dismissal pursuant to section 401(c)(1) of this Act. "(C) For purposes of this paragraph, the term 'closed-door restriction' means any condition attached to a certificate to provide interstate or overseas air transportation issued to any air carrier under this section which prohibits such air carrier from providing local passenger service between any pair of points between which it is authorized to operate pursuant to such certificate.". EFFECTIVE DATE AND DURATION OF CERTIFICATE

SEC. 17. Section 401(f) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(f)) is amended by striking out "ceased:" and all that follows down through the period and inserting in lieu thereof "ceased.". AUTHORITY TO MODIFY, SUSPEND, OR REVOKE

SEC. 18. The first sentence of section 401(g) of the Federal Aviation Act of 1958 (49 U.S.C. 1371 (g)) is amended by inserting "or pursuant to the simplified procedures under subsection (p) of this section" after "notice and hearings". TERMINATIONS, REDUCTIONS, AND SUSPENSIONS OF SERVICE

SEC. 19. (a) Section 401(j) of the Federal Aviation Act of 1958 is amended to read as follows: " TERMINATION S, REDUCTION S, A N D S U S P E N S I O N S O F SERVICE

" (j)(1) No air carrier holding a certificate issued under this section shall— "(A) terminate or suspend all air transportation which it is providing to a point under such certificate; or "(B) reduce any such air transportation below that which the Board has determined to be essential air transportation for such point;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/441

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1721

unless such air carrier has first given the Board, any community Notice. affected, and the State agency of the State in which such community is located, at least 90 days notice of its intent to so terminate, suspend, or reduce such air transportation. The Board may, by regulation or otherwise, authorize such temporary suspension of service as may be in the public interest. " (2) If an air carrier holding a certificate issued pursuant to section 401 of this Act proposes to terminate or suspend nonstop or single- 49 USC 1371. plane air transportation between two points being provided by such air carrier under such certificate, and such air carrier is the only air carrier certificated pursuant to such section 401 providing nonstop or single-plane air transportation between such points, at least sixty days before such proposed termination or suspension, such air carrier shall file with the Board and serve upon each community to be directly affected notice of such termination or suspension.". (b) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of public convenience and necessity." is amended by striking out "(j) Application for abandonment." and inserting in lieu thereof "(j) Terminations, reductions, and suspensions of service.". ADDITIONAL POWERS AND DUTIES OF BOARD W I T H RESPECT TO CHARTER AIR CARRIERS

SEC. 20. (a) The center heading for section 401(n) of the Federal 49 USC 1371. Aviation Act of 1958 is amended by striking out "SUPPLEMENTAL" and inserting in lieu thereof "CHARTER". (b) Paragraph s (1) through (4) of section 401(n) of such Act are amended to read as follows: " (n)(1) No air carrier providing air transportation under a certificate issued under this section shall commingle, on the same flight, passengers being transported in interstate or overseas charter air transportation with passengers being transported in scheduled interstate or overseas air transportation, except that this subsection shall not apply to the carriage of passengers in air transportation under g r o u p fare tariffs. " (2) No rule, regulation, or order issued by the Board shall restrict the marketability, flexibility, accessibility, or variety of charter t r i p s provided under a certificate issued under this section except to the extent required by the public interest, and shall in no event be more restrictive than those regulations regarding charter air transportation in effect on October 1, 1978. " (3) Notwithstanding any other provision of this title, no certificate issued under this section shall authorize the holder thereof to provide charter air transportation between two points within the State of Alaska unless, and then only to the extent to which, the Board, in issuing or amending such certificate, may authorize after determining that such charter air transportation is required by the public convenience and necessit}^. This subsection shall not apply to a certificate issued under this section to a person who, before July 1, 1977, maintained its principal place of business within the State of Alaska and conducted air transport operations between points within the State of Alaska with aircraft h a v i n g a certificated gross takeoff weight of more than 40,000 pounds.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/442

 92 STAT. 1722 -

49 USC 1371.

PUBLIC LAW 95-504—OCT. 24, 1978 "(4) No certificate issued under this section shall permit a charter air carrier to sell or offer for sale an inclusive tour in air transportation by selling or offering for sale individual tickets directly to members of the general public, or to do so indirectly by controlling, being controlled by, or under common control with, a person authorized by the Board to make such sales.". (c) Paragraph (5) of section 401(n) of such Act is amended— (1) in the first sentence, by striking out "a supplemental air carrier to comply with the provisions of paragraph (1), (3), or (4) of this subsection" and inserting in lieu thereof "a charter air carrier to comply with the provisions of subsection (q) or (r) of this section"; and (2) in the last sentence, by striking out "paragraphs (1), (3), and (4) of this subsection" and inserting m lieu thereof "subsections (q) and (r) of this section". (d)(1) Section 401 of such Act is amended by adding at the end thereof the following new subsections: a INSURANCE AND LIABILITY

"(q)(1) No certificate shall be issued or remain in effect unless the applicant for such certificate or the air carrier, as the case may be, complies with regulations or orders issued by the Board governing the filing and approval of policies of insurance or plans for self-insurance in the amount prescribed by the Board which are conditioned to pay, within the amount of such insurance, amounts for which such applicant or such air carrier may become liable for bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the operation or maintenance of aircraft under such certificate. " (2) In order to protect travelers and shippers by aircraft operated by certificated air carriers, the Board may require any such air carrier to file a performance bond or equivalent security arrangement, in such amount and upon such terms as the Board shall prescribe, to be conditioned upon such air carrier's making appropriate compensation to such travelers and shippers, as prescribed by the Board, for failure on the part of such carrier to perform air transportation services in accordance with agreements therefor. "CONTINUING REQUIREMENT

Notice and hearing.

"(r) The requirement that each applicant for a certificate or any other authority under this title must be found to be fit, willing, and able to perform properly the transportation covered by its application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board under this Act, shall be a continuing requirement applicable to each such air carrier with respect to the transportation authorized by the Board. The Board shall by order, entered after notice and hearing, modify, suspend, or revoke such certificate or other authority, in whole or in part, for failure of such air carrier to comply with the continuing requirement that the air carrier be so fit, willing, and able, or for failure to file such reports as the Board may deem necessary to determine whether such air carrier is so fit, willing, and able.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/443

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1723

(2) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificates of public convenience and necessity." r. is amended— (A) by striking out "(n) Additional powers and duties of Board with respect to supplemental air carriers." and inserting in lieu thereof "(n) Additional powers and duties of Board with respect to charter air carriers."; and (B) by adding at the end thereof ., "(q) Insurance and liability, "(r) Continuing requirement.". PROCEDURES FOR PROCESSING APPLICATIONS

SEC. 21. (a)(1) Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) is amended by adding at the end thereof the following new subsection: " P R O C E D U R E S FOR PROCESSING APPLICATIONS FOR CERTIFICATES

"(p)(1) The Board shall promulgate rules establishing simplified Rules, procedures for— "(A) the disposition of applications for a certificate to engage in air transportation pursuant to subsection (d)(1), (2), or (3) of this section; and Ante, p. 1712. "(B) the alteration, amendment, modification, suspension, or transfer of all or any part of any certificate pursuant to subsection (f), (g), or (h) of this section. _ 49 USC 1371. Such rules shall provide for adequate notice and an opportunity for any interested person to file appropriate written evidence and argument, but need not provide for oral evidentiary hearings. Such rules may provide that such written evidence and argument shall be filed by such person as part of a protest or memorandum filed with respect to such application under subsection (c) of this section. " (2) The Board may use such simplified procedures in any case if the Board determines that the use of such simplified procedures is in the public interest. The rules adopted by the Board pursuant to this subsection shall, to the extent the Board finds it practicable, set forth the standards it intends to apply in determining whether to employ such simplified procedures, and in deciding cases in which such procedures are employed.". (2) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of public convenience and necessity." is amended by inserting at the end thereof " (p) Procedures for processing applications for certificates.". (b)(1) Section 402 of the Federal Aviation Act of 1958 (49 U.S.C. 1372) is amended by adding at the end thereof the following new subsection:

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