Page:United States Statutes at Large Volume 91.djvu/1315

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-163—NOV. 9, 1977

9 1 STAT. 1281

SEC. 8. (a) Section 403(b)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 1373(b)(1)) is amended by striking out "to ministers of religion on a space available basis." and inserting in lieu thereof "on a space-available basis to any minister of religion, any person who is sixty years of age or older and retired, any person who is sixty-five years of age or older, and to any handicapped person and any attendant required by such handicapped person. For the purposes of this subsection, the term 'handicapped person' means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board. For purposes of this subsection, the term 'retired' means no longer gainfullyemployed as defined by the Board.". (b) W i t h i n six months after the date of enactment of this section, the Board shall study and report to Congress on the feasibility and economic impact of air carriers and foreign air carriers providing reduced-rate transportation on a space-available basis to persons twenty-one years of age or younger. SEC. 9. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is amended by adding at the end thereof the following new paragraph: " (4)(A) Notwithstanding any other provision of this Act, any citizen of the United States who undertakes, within the State of California or the State of Florida, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying t h i r t y or more persons pursuant to authority for such carriage (i) within the State of California, granted by the Public Utilities Commission of such State, or (ii) within the State of Florida, granted by the Public Service Commission of such State, is authorized— " (I) to establish services for persons and property which includes transportation by such citizen over its routes in California or Florida and transportation by an air carrier or foreign air carrier in air transportation; and " ( II) subject to the requirements of section 412 of this title, to enter into an agreement with any air carrier or foreign air carrier for the establishment of joint fares, rates, and services for such through service. " (B) The joint fares or rates established under clause ( II) of subparagraph (A) of this paragraph shall be the lowest of— " (i) the sum of the applicable fare or rate for service in California approved by such Public Utilities Commission, or the sum '* of the applicable fare or rate for service in F l o r i d a approved by such Public Service Commission, and the applicable fare or rate for that part of the through service provided by the air carrier or foreign air carrier; " ( i i) a joint fare or rate established and filed in accordance •' with section 403 of this Act; or " ( i i i) a joint fare or rate established by the Board in accordance with section 1002 of this Act.". SEC. 10. (a) The first sentence of section 403(c) of the Federal Aviation Act of 1958 (49 U,S.C. 1373) is amended to read as follows: No change shall be made in any rate, fare, or charge, or any classification, rule, regulation, or practice aft'ecting such rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff— " (1) of any air carrier, or foreign air carrier, directly engaged in the operation of aircraft if such rate, fare, or charge is for the ' • carriage of property in air transportation, except after sixty

Reduced fares.

"Handicapped person." "Retired."

Study. Report to Congress.

>'l

49 USC 1373 note. Through ser\ice by intrastate carriers.

49 USC 1382.

Joint fares or rates.

Infra. Post, p. 1286.