Page:United States Statutes at Large Volume 92 Part 2.djvu/452

 92 STAT. 1732

49 USC 1386.

PUBLIC LAW 95-504—OCT. 24, 1978 regulation, term, condition, or limitation prescribed thereunder, any person or class of persons if it finds that the exemption is consistent with the public interest. (b) Section 416(b) of such Act is amended by adding at the end thereof the following new paragraph: "(3) The Board may by order relieve foreign air carriers who are not directly engaged in the operation of aircraft in foreign air transportation from the provisions of this Act to the extent and for such periods as such relief may be in the public interest.". COMMUTER EXEMPTION

49 USC 1371.

Infra.

SEC. 32. Section 416(b) of the Federal Aviation Act of 1958 (49 TJ.S.C. 1386(b)) is further amended by adding at the end thereof the following new paragraphs: "(4) Subject to paragraph (5) of this subsection, any air carrier in air transportation which provides (A) passenger service solely with aircraft having a maximum passenger capacity of less than fifty-six passengers, or (B) cargo service in air transportation solely with aircraft having a maximum payload capacity of less than eighteen thousand pounds, shall be exempt from the requirements of subsection (a) of section 401 of this title, and of such other sections of this Act as may be prescribed in regulations promulgated by the Board, if such air carrier conforms to such liability insurance requirements and such other reasonable regulations as the Board shall from time to time adopt in the public interest. The Board may by regulation increase the passenger or property capacities specified in this paragraph when the public interest so requires. "(5) The exemption from section 401 of this title or any other requirement of this Act shall not apply to any air transportation by any air carrier between points both of which are in the State of Alaska, or one of which is in the State of Alaska and the other in Canada, unless such air carrier also holds authority to provide such air transportation from the State of Alaska. "(6) Any air carrier operating within the State of Alaska pursuant to the exemption from section 401 of this title shall not be subject to any limitation, promulgated by the Board, on the number or location of points to be served by such air carrier, or any limitation on the frequency of service by such air carrier to points within such State, unless the Board, after a hearing, finds that the opefa.tion of such air carrier substantially impairs the ability of a certificated air carrier to provide the service authorized by its certificate, including but not limited to, the minimum service requirement for such State specified in Section 419(c)(2) of this title.". SMALL COMMUNITY AIR SERVICE

SEC. 33. (a) Title IV of the Federal Aviation Act of 1958 is amended by adding at the end thereof the following new section. "SMALL COMMUNITY AIR SERVICE "GUARANTEED ESSENTIAL AIR TRANSPORTATION

"Eligible point." 49 USC 1389.

"SEC. 419. (a)(1) For purposes of this subsection, the term 'eligible point' means any point in the United States to which, on the date of enactment of this section, any air carrier— " (A) is providing service pursuant to a certificate issued to such carrier under section 401 of this title; or

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