Page:United States Statutes at Large Volume 92 Part 2.djvu/466

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1746

PUBLIC LAW 95-504—OCT. 24, 1978 'ELEMENTS OF BOARD CONSIDERATION

Review provisions.

Ante, p. 1713. 49 USC 1382.

Continuation, opinion and recommendations.

49 USC 1461.

"(d) The comprehensive review of the Board's implementation of this Act, prepared for submission under subsection (c), shall include— "(1) a detailed comparison of the degree of competition within the airline industry as of the year preceding enactment of this section and the final year covered by the review; "(2) a comparison of the degree of pricing competition in the industry during those two one-year periods; "(3) a comparison of the extent of unused authority held by the industry during those two one-year periods, with details as to the number of nonstop route segments which have been transferred from one carrier to another under section 401(d)(5) of his Act; "(4) an assessment of the degree to which agreements approved under section 412 of this Act have affirmatively or negatively affected the degree of competition within the industry; "(5) a comparison of the extent of air transportation service provided to small communities during the two one-year periods specified above, together with details as to the comparative subsidy costs during these two periods; "(6) an assessment of the degree, if any, to which the administrative process has been expedited under this Act; "(7) an assessment of the impact of the foregoing changes upon the national air transportation system in terms of benefits or detriments to the traveling and shipping public, the Postal Service, and the national defense, and the benefits and detriments to air carriers, certificated and uncertificated; and "(8) the Board's opinion as to whether the foregoing changes in combination, have improved or harmed this Nation's domestic air transportation system and the United States-flag foreign air transportation system. This assessment shall be accompanied by a detailed opinion from the Board as to whether the public interest requires continuation of the Board and its functions beyond January 1, 1985, and, if it is the Board's conclusion that it should continue to exist, detailed recommendations as to how the provisions of this Act should be revised to insure continued improvement of the Nation's air transportation system beyond January 1, 1985. The Board's assessment under this subsection shall also be accompanied by a comparative analysis of procedures under section 801 of this Act before and after the date of enactment of the Airline Deregulation Act of 1978, together with the Board's opinion as to the benefits of each set of procedures. " E L E M E N T S FOR EACH COMPREHENSIVE REVIEW

"' (e) Each comprehensive review of the Board's programs under this Act, prepared for submission under subsection (c) of this section, shall include— "(1) an identification of the objectives intended for the program, and the problem or need which the program was intended to address; "(2) an identification of any other programs having similar or potentially conflicting or duplicative objectives;