Page:United States Statutes at Large Volume 94 Part 1.djvu/89

 PUBLIC LAW 96-192—FEB. 15, 1980

94 STAT. 39

immediately after the words "air carrier" each time those words appear therein. SEC. 11. Section 412 of the Federal Aviation Act of 1958 (49 U.S.C. 1382) is amended by— (1) striking subsections (a) and (b) thereof; (2) redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; (3) strildng the words ", affecting interstate or overseas air transportation and" in subsection (a)(D, as so redesignated by this section; (4) inserting the words ", including international comity or foreign policy considerations," immediately after "public benefits" in paragraph (a)(2)(A)(i), as so redesignated by this section; (5) inserting the words "affecting interstate or overseas air transportation," immediately after the word "agreement," in paragraph (a)(2)(A)(iii), as so redesignated by this section; (6) inserting the words "or foreign air carrier" immediately after the words "air carrier" the first two times those words appear in subsection (a)(l), as so redesignated by this section; and (7) striking out "or (c)", inserting ", the Secretary of State," after "shall provide to the Attx)mey General", and striking out "such Secretary" and inserting in lieu thereof "either Secretary", in subsection (b), as redesignated by this section. SEC. 12. (a) The center heading for section 412(a) of the Federal Aviation Act of 1958, as redesignated by section 11 of this Act, is amended by striking out AFFECTING INTERSTATE OR OVERSEAS AIR TRANSPORTATION.

(b) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 412. Pooling and other agreements."

is amended to read as follows: "(a) Filing and approval of agreements. "(b) Proceedings upon filing. "(c) Mutual aid agreement.".

SEC. 13. Section 416(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1386) is amended by adding at the end thereof the following new paragraph: "(7) The Board may by order, to the extent it finds that such action is required in the public interest, exempt any foreign air carrier for a period not to exceed 30 days from the requirements or limitations of this Act, to the extent necessary to authorize the foreign air carrier to carry passengers, cargo, or mail in interstate or overseas air transportation in certain markets if the Board, after consultation with the Secretary of Transportation, finds that— "(A) because of an emergency created by unusual circumstances not arising in the normal course of business, traffic in such markets cannot be accommodated by air carriers holding certificates under section 401 of this Act; "(B) all possible efforts have been made to accommodate such traffic by utilizing the resources of such air carriers (including, for example, the use of foreign aircraft, or sections of foreign aircraft, that are under lease or charter to such air carriers, and the use of such air carriers' reservation systems to the extent practicable);

Foreign air carrier exemption.

Ante, p. 37.

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