Page:United States Statutes at Large Volume 101 Part 3.djvu/210

 101 STAT. 1508

PUBLIC LAW 100-223—DEC. 30, 1987

49 USC app.

(1) TRANSFER O F OPERATIONAL AUTHORITY.—Section 419

1389-

is

amended by adding a t the end of subsection (a) the following

new paragraph: "(12) If an air carrier which is providing on or after October 1, 1987, essential air transportation under this subsection between an eligible point and an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft "^' ?i provides notice to the Secretary of its intention to suspend, terminate, or reduce such transportation and another air carrier is secured to provide such transportation on a continuing basis, the Secretary shall require the carrier suspending, terminating, or reducing such service to transfer any operational authority which such carrier has to conduct a landing or takeoff at such airport with respect to such service to the carrier secured to provide such service unless the carrier secured to provide such service does not need such authority or such authority is being used to provide air service with respect to more than 1 eligible point.". (2) TERMINATION DATE.—Section 419(g) is amended by striking out "the last day" and all that follows through the period at the end thereof and inserting in lieu thereof "September 30, 1988.". 49 USC app. 1389 (3) EFFECTIVE DATE.—The amendments made by this subsecnote. tion shall take effect October 1, 1987. ^i (b) FISCAL YEARS 1988-1998.— (1) GENERAL RULES.—Section 419 is amended to read as follows: "SEC. 419. SMALL COMMUNITY AIR SERVICE.

"(a) ELIGIBLE POINT DEFINED.—For the purposes of this section, the term 'eligible point' means any point in the United States— "(1) which is defined as an eligible point under this section as in effect before October 1, 1988, and which, at any time in the 12-month period ending on such date, received scheduled air transportation, and "(2) which the Secretary determines is 45 highway miles or more from the nearest hub airport. State and local governments.

"(b) B A S I C ESSENTIAL AlR SERVICE.— ^ "(1) L E V E L OF SERVICE.— i-. "(A) DETERMINATION FOR ESSENTIAL AIR SERVICE POINTS.—

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With respect to each eligible point for which a determination of what constitutes essential air transportation was made under this section before October 1, 1988, the Secretary shall determine what is basic essential air service for such point. Such determination shall be made no later than the last day of the 1-year period beginning on the date of the enactment of the Airport and Airway Safety and Capacity Expansion Act of 19o7 and only after consideration of the views of any interested community and the State agency of the State in which such community is located. "(B) DETERMINATION FOR OTHER POINTS.—With respect to

0.

each eligible point for which a determination of what constitutes essential air transportation was not made before October 1, 1988, the Secretary shall determine what is basic essential air service to such point if the Secretary receives notice that service to such point will be provided by only 1 air carrier. Such determination shall be made no later than the last day of the 6-month period beginning on the date on which the Secretary receives such notice and only after the

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