Page:United States Statutes at Large Volume 92 Part 2.djvu/456

 92 STAT. 1736

PUBLIC LAW 95-504—OCT. 24, 1978 then serving such eligible point, and the provision of essential air transportation for compensation under this section by the applicant air carrier will result in a substantial— "(i) improvement in the air transportation being provided such eligible point with no increase in the amount of compensation then being paid; or "(ii) decrease in the amount of compensation that will be required to continue essential air transportation to that eligible point. "(C) In disposing of each application filed under this subsection, the Board shall, in addition to considering the objectives specified in subparagraphs (A)(i) and (ii) of paragraph (4), solicit and give great weight to the opinions of the communities affected by the proposed replacement of an air carrier under this subsection. u OTHER AIR SERVICE

"Eligible point." 49 USC 1371.

Eligible point designation, rules.

Review.

49 USC 1376. Withdrawal.

"(b)(1) For purposes of this subsection, the term 'eligible point' means— "(A) any point in the United States which has been deleted from a certificate issued under section 401 of this title between July 1, 1968, and the date of enactment of this section, both dates inclusive, and which the Board designates pursuant to paragraph 2 of this subsection; and "(B) any other point in the State of Alaska or Hawaii designated by the Board under paragraph 2 of this subsection. "(2)(A) Not later than January 1, 1980, after considering the views of State agencies and other interested parties, the Board shall, by rule, establish objective criteria for designating points as eligible points. In establishing or modifying such criteria, the Board shall consider, among other factors, the level of traffic generated by the point concerned, its future traffic generating potential, the cost to the Federal Government of providing essential air transportation to such point, the alternative means of transportation available to the residents of such point for access to the national transportation system and its principal communities of interest, and the degree of isolation of such point from the national air transportation system. The Board may, from time to time, by rule, modify the criteria established by it under this subparagraph. "(B) Not later than January 1, 1980, the Board shall begin to review each point described in paragraph (1)(A) of this subsection to determine whether such point shall be designated as an eligible point under the criteria established under subparagraph (B) of this paragraph. The review and designation of each such point shall be completed before January 1, 1982. "(C) On or after January 1, 1982, the Board, upon application by any interested party, may designate any point an eligible point under the criteria established under subparagraph (B) of this paragraph (i) if such point is in the State of Alaska or the State of Hawaii, and (ii) if such designation would not increase the total number of points receiving a subsidy under this section and section 406 of this title above the total number of points receiving a subsidy under such section 406 on July 1, 1968. "(3) The designation of any point b^ the Board under paragraph (2) oi this subsection as an eligible point may be withdrawn if the point no longer meets the criteria for designation as an eligible point.

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