Page:United States Statutes at Large Volume 76.djvu/193

 76 STAT. ]

PUBLIC LAW 87-528-JULY 10, 1962

145

such carrier (A) to comply with the continuing requirement that such carrier be so fit, willing, and able, or (B) to file such reports as the Board may deem necessary to determine whether such carrier is so fit, willing, and able. "(5) I n any case in which the Board determines that the failure of suspension of a supplemental air carrier to comply with the provisions of paragraph certificates. (1), (3), or (4) of this subsection, or regulations or orders of the Board thereunder, requires, in the interest of the rights, welfare, or safety of the public, immediate suspension of such carrier's certificate, the Board shall suspend such certificate, in whole or in part, without notice or hearing, for not more than thirty days. The Board shall immediately enter upon a hearing to determine whether such certificate should be modified, suspended, or revoked and, pending the completion of such hearing, the Board may further suspend such certificate for additional periods aggregating not more than sixty days. If the Board determines that a carrier whose certificate is suspended under this paragraph comes into compliance with the provisions of paragraphs (1), (3), and (4) of this subsection, and regulations and orders of the Board thereunder, the Board may immediately terminate the suspension of such certificate and any pending proceeding commenced under this paragraph, but nothing in this sentence shall preclude the Board from imposing on such carrier a civil penalty for any violation of such provisions, regulations, or orders. "(6) The Board shall prescribe such regulations and issue such orders as may be necessary to carry out the provisions of this subsection." SEC. 5. Clause (3) of section 406(b) of the Federal Aviation Act of subsidy ineii1958 (49 U.S.C. 1376(b)) is amended by inserting after "each such air gibility. 72 Stat. 763. carrier" the words "(other than a supplemental air carrier)". SEC. 6. Title IV of the Federal Aviation Act of 1958 is amended by 49 USC 13711386. adding at the end thereof the following new section: "SPECIAL OPERATING

AUTHORIZATIONS

u AUTHORITY O F BOARD TO I S S U E

"SEC. 417. (a) I f the Board finds upon an.investigation conducted on its own initiative or upon request of an air carrier— "(1) that the capacity for air transportation being offered by the holder of a certificate of public convenience and necessity between particular points in the United States is, or will be, temporarily insufficient to meet the requirements of the public or the postal service; or "(2) that there is a temporary requirement for air transportation between two points, one or both of which is not regularly served by any air carrier; and "(3) that any supplemental air carrier can provide the additional service temporarily required in the public interest; the Board may issue to such supplemental air carrier a special operating authorization to engage in air transportation between such points. "TERMS OF

AUTHORIZATION

" (b) A special operating authorization issued under this section— "(1) shall contain such limitations or requirements as to frequency of service, size or type of equipment, or otherwise, as will assure that the service so authorized will alleviate the insufficiency which otherwise would exist, without significant diversion of traffic from the holders of certificates for the route;

78135 0-63—13

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