Page:United States Statutes at Large Volume 92 Part 2.djvu/461

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1741

The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise, may be deducted from any sums which the United States owes to the person charged.". PROCEDURES FOR CIVIL PENALTIES

SEC. 36. (a) The first sentence of subsection (b)(1) of section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473(b)(1)) is amended by inserting "or assessed" immediately after "imposed". (b) The second sentence of subsection (b)(1) of such section 903 is amended by inserting "with respect to proceedings involving penalties other than those assessed by the Board," immediately after "except that". RATES

SEC. 37. (a) Subsection (d) of section 1002 of the Federal Aviation Act of 1958 (49 U.S.C. 1482 (d)) is amended— (1) in paragraph (1), by inserting "or (4)" immediately after "paragraph (2)"; and (2) by adding at the end thereof the following new paragraphs: Unjust or "(4) The Board shall not have authority to find any fare for inter- unreasonable state or overseas air transportation of persons to be unjust or unreason- fares, findings. able on the basis that such fare is too low or too high if— " (A) with respect to any proposed increase filed with the Board on or after July 1, 1979 (other than any proposed increase in any fare filed by any air carrier if such proposed fare is for air transportation between any pair of points and such air carrier provides air transportation to 70 per centum or more of the persons traveling in air transportation between such points on aircraft operated by air carriers with certificates issued under section 401 of this Act), such proposed fare would not be more than 5 per centum 49 USC 1371 higher than the standard industry fare level for the same or essentially similar class of service, except that, while no increase of any fare within the limits specified in this subparagraph may be suspended, an increase in such fare, above the standard industry fare level shall be found unlawful if that increase results in a fare which is unduly preferential, unduly prejudicial, or unjustly discriminatory; or "(B) with respect to any proposed decrease filed after the date of enactment of this paragraph, the proposed fare would not be more than 50 per centum lower than the standard industry fare level for the same or essentially similar class of service, except that this provision shall not apply to any proposed decrease in any fare if the Board determines that such proposed fare would be predatory. In determining whether any fare for air transportation of persons is unjust or unreasonable on the basis that it is too high, the Board shall take into consideration reasonably estimated or foreseeable future costs and revenues for a reasonably limited future period during which the fare at issue would be in effect. "(5) In any Board proceeding under paragraph (1) of this subsection with respect to interstate or overseas air transportation of persons, the party opposing any fare or charge on the basis that it is too low shall have the burden of proving that the fare or charge is too low. "(6)(A) For purposes of paragraph (4) of this section, 'standard "Standard industry fare level' means the fare level (as adjusted only in accord- industry ance with subparagraph (B) of-this paragraph) in effect on July 1, fare level." 1977, for each interstate or overseas pair of points, for each class of

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