Page:United States Statutes at Large Volume 108 Part 2.djvu/433

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1149 (d) REVIEW.—(1) The Secretary shall review periodically the enhanced essential air service provided to each eligible place under this section. (2) For service for which the Government pays 50 percent of the compensation, based on the review and consultation with the affected community and the State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate adjustments in the type and level of service to the place. (3) For service for which the Government pays 100 percent of the compensation, based on the review and consultation with the State or local government submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2- year period under the criteria prescribed under subsection (a)(3) of this section. If unsuccessful, the place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter. (e) ENDING, SUSPENDING, AND REDUCING AIR TRANSPOR- TATION,—An air carrier may end, suspend, or reduce air transportation to an eligible place below the level of enhanced essential air service established for that place by the Secretary under this section only after giving the Secretary, the affected community, and the State or local government or person paying compensation for that service at least 30 days' notice before ending, suspending, or reducing the service. This subsection does not relieve the carrier of an obligation under section 41734 of this title. § 41736. Air transportation to noneligible places (a) PROPOSALS AND DECISIONS.—(1) A State or local government may propose to the Secretary of Transportation that the Secretary provide compensation to an air carrier to provide air transportation to a place that is not an eligible place under this subchapter. Not later than 90 days sifter receiving a proposal under this section, the Secretary shall— (A) decide whether to designate the place as eligible to receive compensation under this section; and (B)(i) approve the proposal if the State or local government or a person is willing and able to pay 50 percent of the compensation for providing the transportation, and notify the State or local government of the approval; or (ii) disapprove the proposal if the Secretary decides the proposal is not reasonable under paragraph (2) of this subsection, and notify the State or local government of the disapproval and the reasons for the disapproval. (2) In deciding whether a proposal is reasonable, the Secretary shall consider, among other factors— (A) the traffic-generating potential of the place; (B) the cost to the United States Government of providing the proposed transportation; and (C) the distance of the place from the closest hub airport. (b) APPROVAL FOR CERTAIN AIR TRANSPORTATION.— Notwithstanding subsection (a)(1)(B) of this section, the Secretary shall approve a proposal under this section to compensate an air carrier for providing air transportation to a place in the 48 contiguous States or the District of Columbia and designate the place as eligible for compensation under this section if—

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