Page:United States Statutes at Large Volume 92 Part 2.djvu/443

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1723

(2) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificates of public convenience and necessity." r. is amended— (A) by striking out "(n) Additional powers and duties of Board with respect to supplemental air carriers." and inserting in lieu thereof "(n) Additional powers and duties of Board with respect to charter air carriers."; and (B) by adding at the end thereof ., "(q) Insurance and liability, "(r) Continuing requirement.". PROCEDURES FOR PROCESSING APPLICATIONS

SEC. 21. (a)(1) Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) is amended by adding at the end thereof the following new subsection: " P R O C E D U R E S FOR PROCESSING APPLICATIONS FOR CERTIFICATES

"(p)(1) The Board shall promulgate rules establishing simplified Rules, procedures for— "(A) the disposition of applications for a certificate to engage in air transportation pursuant to subsection (d)(1), (2), or (3) of this section; and Ante, p. 1712. "(B) the alteration, amendment, modification, suspension, or transfer of all or any part of any certificate pursuant to subsection (f), (g), or (h) of this section. _ 49 USC 1371. Such rules shall provide for adequate notice and an opportunity for any interested person to file appropriate written evidence and argument, but need not provide for oral evidentiary hearings. Such rules may provide that such written evidence and argument shall be filed by such person as part of a protest or memorandum filed with respect to such application under subsection (c) of this section. " (2) The Board may use such simplified procedures in any case if the Board determines that the use of such simplified procedures is in the public interest. The rules adopted by the Board pursuant to this subsection shall, to the extent the Board finds it practicable, set forth the standards it intends to apply in determining whether to employ such simplified procedures, and in deciding cases in which such procedures are employed.". (2) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of public convenience and necessity." is amended by inserting at the end thereof " (p) Procedures for processing applications for certificates.". (b)(1) Section 402 of the Federal Aviation Act of 1958 (49 U.S.C. 1372) is amended by adding at the end thereof the following new subsection: