Page:United States Statutes at Large Volume 92 Part 2.djvu/438

 92 STAT. 1718 Written notice. Ante, p. 1712.

Public availability.

Program modification.

Study of procedure.

49 USC 1302.

PUBLIC LAW 95-504—OCT. 24, 1978 "(C)(i) Subject to clause (ii) of this subparagraph, any air carrier which is authorized pursuant to paragraph (1) or (2) of this subsection to engage in nonstop service between any pair of points in interstate or overseas air transportation on the first business day of calendar year 1979, 1980, or 1981 and which wants to preclude any other air carrier from obtaining authority under subparagraph (A) or (B) of this paragraph to engage in nonstop service between such pair of points during such calendar year may, on such day, file written notice to the Board which sets forth such pair of points. Upon receipt of any written notice under the preceding sentence, the Board shall make such notice available to the public. " (ii) No air carrier may file a written notice under clause (i) of this subparagraph during any calendar year with respect to more than one pair of points in interstate or overseas air transportation. " (D)(i) The Board shall, on an emergency basis, by rule, modify the program established by this paragraph, if the Board finds that— " (I) the operation of such program is causing substantial public harm to the national air transportation system, or a substantial reduction in air service to small and medium sized communities in any region of the country; " ( II) the modification proposed by the Board is required by the public convenience and necessity in order to alleviate such harm or reduction; and " ( III) such harm or reduction identified by the Board cannot be rectified by any reasonably available means other than the modification proposed by the Board. Any emergency modification proposed by the Board under this subparagraph shall modify such program only to the minimum extent necessary to rectify the harm or reduction identified by the Board. Any emergency modification of such program may be limited to any pair of points. "(ii) The findings of fact by the Board in any proceeding held pursuant to this subparagraph, if supported by substantial evidence, shall be conclusive, No objection to a modification of the program proposed by the Board under this subparagraph shall be considered by a court unless such objection shall have been submitted to the Board, of if it was not so submitted, unless there were reasonable grounds for failure to do so. " (E) The Board shall conduct a study of the procedure for certification of air carriers and intrastate air carriers set forth in subparagraphs (A) and (B) of this paragraph to evaluate— "(i) whether such procedure is consistent with the criteria set forth in section 102 of this Act; and "(ii) the relative effectiveness of such procedure as compared with other procedures for certification set forth in this Act, including but not limited to, the procedures set forth in paragraphs (5) and (6) of this subsection and in subsection (p) of this section. Not later than December 31, 1980, the Board shall complete such study and report the results of such study to the Congress.". EXPERIMENTAIi CERTIFICATES

Ante, p. 1712.

i

SEC. 13. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is further amended by adding at the end thereof the following new paragraph: "(8) The Board may grant an application under subsection (d)(1), (2), or (3) of this section (whether the application be for permanent

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