Page:United States Statutes at Large Volume 92 Part 2.djvu/432

 92 STAT. 1712 49 USC 1371.

PUBLIC LAW 95-504—OCT. 24, 1978 apply to any application filed under section 401(b) of the Federal Aviation Act of 1958 on or after the one-hundred-eightieth day after the date of enactment of this Act. (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of public convenience and necessity." is amended by striking out "(c) Notice of application." and inserting in lieu thereof i "(c) Route applications." ISSUANCE OF CERTIFICATE



SEC. 8. Paragraphs (1), (2), and (3) of section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)(l) - (3)) are amended to read as follows: "(d)(1) The Board shall issue a certificate authorizing the whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able to perform such transportation properly and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder, and that such transportation— "(A) in the case of interstate or overseas air transportation, is consistent with the public convenience and necessity; and "(B) in the case of foreign air transportation, is required by the public convenience and necessity; otherwise such application shall be denied. " (2) In the case of an application for a certificate to engage in temporary air transportation, the Board may issue a certificate authorizing the whole or any part thereof for such limited periods— "(A) in the case of an application for interstate or overseas air transportation, as is consistent with the public convenience and necessity; and "(B) in the case of an application for foreign air transportation, as may be required by the public convenience and necessity; if it finds that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. "(3) I n the case of an application for a certificate to engage in charter air transportation, the Board may issue a certificate to any I i.:, applicant, not holding a certificate under paragraph (1) or (2) of this subsection on January 1, 1977, authorizing interstate air transportation of persons, which authorizes the whole or any part thereof— "(A) in the case of an application for interstate or overseas air transportation, for such periods, as is consistent with the public convenience and necessity; and " (B) in the case of an application for foreign air transportation, for such periods, as may be required by the public convenience and necessity; if it finds that the applicant is fit, willing, and able properly to perform the transportation covered by the application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder.".

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