Page:United States Statutes at Large Volume 92 Part 2.djvu/459

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1739

air carriers is, to the maximum feasible extent, equivalent to the level of safety provided to persons traveling on air carriers which provide service pursuant to certificates issued under section 401 of this title. 49 USC 1371. "GUIDKLTNES FOR

COMPENSATION

"(d) The Board shall, by rule, establish guidelines to be used by the Rule. Board in computing the fair and reasonable amount of compensation required to insure the continuation of essential air transportation to any eligible point. Such guidelines shall include expense elements based upon representative costs of air carriers providing scheduled air transportation of persons, property, and mail, using aircraft of the type determined by the Board to be appropriate for providing essential air transportation to the eligible point. a INSURANCE

"(e) No air carrier shall receive any compensation under this section unless such air carrier complies with regulations or orders issued by the Board governing the filing and approval of policies of insurance or plans for self-insurance in the amount prescribed by the Board which are conditioned to pay, within the amount of such insurance, amounts for which such air carrier may become liable for bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the operation or maintenance of aircraft. a DEFINITION

"(f) For purposes of this section, the term 'essential air transporta- "Essential air tion' means scheduled air transportation of persons to a point provided transportation, under such criteria as the Board determines satisfies the needs of the community concerned for air transportation to one or more communities of interest and insures access to the Nation's air transportation system, at rates, fares, and charges which are not imjust, unreasonable, unjustly discriminatory, unduly preferential, or unduly prejudicial, and— "(1) with respect to air transportation to any point (other than in the State of Alaska), in no case shall essential air transportation be specified as fewer than two daily round trips, 5 days per week, < or the level of service provided by air carriers to such point based on the schedules of STich air carriers in effect for calendar year 1977, whichever is less; and "(2) with respect to air transportation to any point in Alaska, essential air transportation shall not be specified at a level of service less than that which existed for such point during calendar year 1976, or two round trips per week, whichever is greater, unless otherwise specified under an agreement between the Board and the State agency of the State of Alaska, after consultation with the community affected. "^; a. DURATION OF PR0GRA3I

" (g) This section shall cease to be in effect after the last day of the ten-year period which begins on the date of enactment of this section.". (b) That portion of the table of contents which appears under the center heading

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