Page:United States Statutes at Large Volume 92 Part 2.djvu/450

 9 2 STAT. 1730

PUBLIC LAW 95-504—OCT. 24, 1978 tive effects, and the party defending the proposed contract, agreement, or request shall have the burden of proving transportation need or public benefits. " (C) The findings required by subparagraph (A)(i) of this paragraph, shall be included in any order of the B o a r d approving or disapproving any contract or agreement, or any memorandum of any contract or agreement, or any modification or cancellation thereof, or any request. "PROCEEDINGS UPON

Written notice.

Hearings.

FILING

" (d) Upon the filing of any contract or agreement, or any modification or cancellation thereof, or any request for authority to discuss possible cooperative working arrangements, pursuant to subsection (a) or (c) of this section, the Board, in accordance with regulations which it prescribes, shall provide to the Attorney General and the Secretary of Transportation written notice of, and an opportunity to submit written comments on, the filed document. The B o a r d may, upon its own initiative or if requested by the Attorney General or such Secretary, hold a hearing, in accordance with regulations prescribed by the Board, to determine if a contract or agreement, or request for discussion authority, whether or not previously approved, is consistent with the provisions of this Act.". (d) That portion of the table of contents which appears under the side heading "Sec. 412. Pooling and other agreements." is amended by striking out i"(a) Filing of agreements required. ' "(b) Approval by Board." • and inserting in lieu thereof "(a) Filing of agreements affecting foreign air transportation required. "(b) Approval by Board. "(c) Filing and approval of agreements affecting interstate or overseas air transportation. "(d) Proceedings upon filing.". MUTUAL AID AGREEMENTS
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SEC. 29. (a) Section 412 of the Federal Aviation Act of 1958 (49 U.S.C. 1382) is amended by adding at the end thereof the following new subsection: " M U T U A L AID AGREEMENTS

" (e)(1) Notwithstanding any other provision of law, any mutual aid agreement between air carriers which was approved by the B o a r d before the date of enactment of this subsection and which is in effect on such date of enactment shall be deemed disapproved and not in effect on and after such date of enactment. " (2) No air carrier shall enter into any mutual a i d agreement with any ottier air carrier, unless such air carrier files a t r u e copy of such agreement w i t h the B o a r d and the Board approves such agreement pursuant to the provisions of this section. Notwithstanding subsection (c) of this section, the B o a r d shall not approve any such agreement unless such agreement provides (A) that any air carrier will not receive payments for any period which exceed 60 per centum of the direct operating expenses during such period, (B) that benefits under the agreement are not payable for more than eight weeks during any labor strike, and that such benefits may not be for losses incurred

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