Page:United States Statutes at Large Volume 101 Part 3.djvu/216

 101 STAT. 1514

PUBLIC LAW 100-223—DEC. 30, 1987 The Secretary shall approve such proposal if the State or local government submitting the proposal or any other person is willing and able to pay 50 percent of the cost of providing the proposed compensated air transportation; except that the Secretary shall disapprove such proposal if the Secretary determines that such proposal is not reasonable. In the case of disapproval of a proposal, the notification of such disapproval must include the reasons for such disapproval. "(B)

SMALL

COMMUNITY

SERVICE.—Notwithstanding

subparagraph (A)(ii), the Secretary shall approve a proposal submitted under this subsection for compensated air transportation to a point in the 48 contiguous States and designate such point as eligible for compensation under this subsection— "(i) if, at any time before October 23, 1978, the point was served by an air carrier that held a certificate issued under section 401; "(ii) if the point is more than 50 miles from the nearest small hub airport or an eligible point; "(iii) if the point is more than 150 miles from the nearest hub airport; and "(iv) if the State or local government submitting the proposal or any other person is willing and able to pay 25 percent of the cost of providing the proposed compensated air transportation. "(C) CRITERIA FOR DETERMINING REASONABLENESS.—In

determining whether or not a proposal submitted under this subsection is reasonable, the Secretary shall consider, among other factors, the traffic generating potential of the point, the cost to the Federal Government of providing the proposed service, and the distance of the point from the closest hub airport. "(D) WITHDRAWAL OF DESIGNATION.—After notice and an

Regulations.

opportunity for any interested person to comment, the Secretary may withdraw the designation of a point under subparagraph (A) as eligible to receive compensation under this subsection if the point has received air service under this subsection for at least 2 years and the Secretary determines that withdrawal of that designation would be in the public interest. The Secretary shall establish, by regulation, standards for determining whether or not withdrawal of a designation under this paragraph is in the public interest. Such standards shall include, but not be limited to, the factors set forth in subparagraph (C). '(3) LEVEL OF SERVICE.— "(A) INITIAL DETERMINATION.—If the Secretary designates

a point under paragraph (2), the Secretary shall determine the level of service to be provided under this subsection. The Secretary shall determine such level after considering the views of any interested community, the State agency of the State in which the point is located, and the government or person agreeing to pay the non-Federal share of the cost of the proposed service. The Secretary shall determine such level not later than 6 months after the date on which the Secretary designates such point under paragraph (2).

�