Page:United States Statutes at Large Volume 92 Part 2.djvu/460

 92 STAT. 1740

PUBLIC LAW 95-504—OCT. 24, 1978 "TITLE IV—AIR CAKRIEB ECONOMIC REGULATION

is amended by adding at the end thereof "Sec. 419. Small community air service. "(a) Guaranteed essential air transportation. "(b) Other air service. "(c) Level of safety. "(d) Guidelines for compensation. "(e) Insurance. "(f) Definitions. "(g) Duration of program.". PRESIDENTIAL REVIEW OF INTERNATIONAL ROUTE CASES

SEC. 34. Section 801(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1461 (a)) is amended to read as follows: " THE PRESIDENT OF THE UNITED

49 USC 1372. Disapproval, issuance.

49 USC 1486.

STATES

" SEC. 801. (a) The issuance, denial, transfer, amendment, cancellation, suspension, or revocation of, and the terms, conditions, and limitations contained in, any certificate authorizing an air carrier to engage in foreign air transportation, or any permit issuable to any foreign air carrier under section 402 of this Act, shall be presented to the President for review. The President shall have the r i g h t to disapprove any such Board action concerning such certificates or permits solely upon the basis of foreign relations or national defense considerations which are within the President's jurisdiction, but not upon the basis of economic or carrier selection considerations. Any such disapproval shall be issued in a public document, setting forth the reasons for the disapproval to the extent national security permits, within sixty days after submission of the Board's action to the President. Any such Board action so disapproved shall be null and void. Any such Board action not disapproved within the foregoing time limits shall take effect as action of the Board, not the President, and as such shall be subject to judicial review as provided in section 1006 of this Act.". ASSESSMENT OF CIVIL PENALTIES

Notice and hearing. 49 USC 1371. 49 USC 1482.

Compromise.

49 USC 1341, 1401, 1421, 1441.

SEC. 35. (a) Paragraph (1) of subsection (a) of section 901 of the Federal Aviation Act of 1958 (49 U.S.C. 1471(a)(1)) is amended by inserting after the fourth sentence thereof the following new sentences: " The amount of any such civil penalty for any violation of any provision of title IV of this Act, or any rule, regulation, or order issued thereunder, or under section 1002(i) of this Act, or any term, condition, or limitation of any permit or certificate issued under title IV shall be assessed by the Board only after notice and an opportunity for a hearing and after written notice upon a finding of violation by the Board. Judicial review of any order of the B o a r d assessing such a penalty may be obtained only pursuant to section 1006 of this Act.". (b) Paragraph (2) of subsection (a) of such section 901 is amended to read as follows: " (2) Any civil penalty may be compromised by the Secretary of Transportation in the case of violations of title III, V, VI, or X II of this Act, or any rule, regulation, or order issued thereunder, or by the National Transportation Safety Board in the case of violations of title VII of this Act, or any rule, regulation, or order issued thereunder, or by the Postmaster General in the case of regulations issued by him.

�