Page:United States Statutes at Large Volume 101 Part 3.djvu/219

 PUBLIC LAW 100-223—DEC. 30, 1987 bitB ^

101 STAT. 1517

greater, unless otherwise specified under an agreement between the Secretary and the State agency of the State of Alaska, after consultation with the community affected; "(B) flights at resisonable times taking into account the needs of passengers with connecting flights at such airport and at rates, fares, and charges which are not excessive when compared to the generally prevailing fare? of other air carriers for like service between similar pairs of points; "(C) with respect to a point not in the State of Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily enplanements at such point in any calendar year beginning after December 31, 1975, and ending on or before December 31, 1986, exceeded 11 passengers unless— "(i) requiring such service would require the payp, ment of compensation in a fiscal year under subsection (b)(4) or (b)(6) with respect to such point when no compensation under such subsection would otherwise be paid with respect to such point in such flscal year; or (ii) the community concerned agrees in writing with the Secretary to the use of smaller aircraft to provide service to such point; "(D) service which accommodates the estimated passenger and cargo traffic at an average load factor of not greater than— "(i) 50 percent, or "(ii) in any case in which such service is being provided with aircraft with 15 passenger seats or more, 60 i percent, '<=' for each class of traffic taking into account seasonal demands for such service; "(E) service provided in an aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation in aircraft with at least 2 engines and using 2 pilots has not been provided with respect to the point on each of 60 consecutive operating days at any time since October 31, d^ 1978; and c;' "(F) in the case of service which regularly exceeds 8,000 feet in altitude, service provided with pressurized aircraft. "(2) ENHANCED ESSENTIAL AIR SERVICE.—The term 'enhanced ':\ essential air service' means scheduled air transportation to an eligible point of a higher level or quality than basic essential air service. 8; "(3) HUB AIRPORT.—The term 'hub airport' means an airport that annually has 0.25 percent or more of the total annual enplanements in the United States. (4) NoNHUB AIRPORT.—The term 'nonhub airport' means an airport that annually has less than 0.05 percent of the total annual enplanements in the United States. "(5) SMALL HUB AIRPORT.—The term 'small hub airport' means an airport that annually has 0.05 percent or more, but less than 0.25 percent, of the total annual enplanements in the United States. "(1) DURATION OF PROGRAM.—This section shall not be in effect Termination after September 30, 1998.". date. (2) CONFORMING AMENDMENT.—The table of contents conj tained in the first section of the Federal Aviation Act of 1958 is

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