Page:United States Statutes at Large Volume 92 Part 2.djvu/441

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1721

unless such air carrier has first given the Board, any community Notice. affected, and the State agency of the State in which such community is located, at least 90 days notice of its intent to so terminate, suspend, or reduce such air transportation. The Board may, by regulation or otherwise, authorize such temporary suspension of service as may be in the public interest. " (2) If an air carrier holding a certificate issued pursuant to section 401 of this Act proposes to terminate or suspend nonstop or single- 49 USC 1371. plane air transportation between two points being provided by such air carrier under such certificate, and such air carrier is the only air carrier certificated pursuant to such section 401 providing nonstop or single-plane air transportation between such points, at least sixty days before such proposed termination or suspension, such air carrier shall file with the Board and serve upon each community to be directly affected notice of such termination or suspension.". (b) 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 "(j) Application for abandonment." and inserting in lieu thereof "(j) Terminations, reductions, and suspensions of service.". ADDITIONAL POWERS AND DUTIES OF BOARD W I T H RESPECT TO CHARTER AIR CARRIERS

SEC. 20. (a) The center heading for section 401(n) of the Federal 49 USC 1371. Aviation Act of 1958 is amended by striking out "SUPPLEMENTAL" and inserting in lieu thereof "CHARTER". (b) Paragraph s (1) through (4) of section 401(n) of such Act are amended to read as follows: " (n)(1) No air carrier providing air transportation under a certificate issued under this section shall commingle, on the same flight, passengers being transported in interstate or overseas charter air transportation with passengers being transported in scheduled interstate or overseas air transportation, except that this subsection shall not apply to the carriage of passengers in air transportation under g r o u p fare tariffs. " (2) No rule, regulation, or order issued by the Board shall restrict the marketability, flexibility, accessibility, or variety of charter t r i p s provided under a certificate issued under this section except to the extent required by the public interest, and shall in no event be more restrictive than those regulations regarding charter air transportation in effect on October 1, 1978. " (3) Notwithstanding any other provision of this title, no certificate issued under this section shall authorize the holder thereof to provide charter air transportation between two points within the State of Alaska unless, and then only to the extent to which, the Board, in issuing or amending such certificate, may authorize after determining that such charter air transportation is required by the public convenience and necessit}^. This subsection shall not apply to a certificate issued under this section to a person who, before July 1, 1977, maintained its principal place of business within the State of Alaska and conducted air transport operations between points within the State of Alaska with aircraft h a v i n g a certificated gross takeoff weight of more than 40,000 pounds.

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