PUBLIC LAW 100-223—DEC. 30, 1987
101 STAT. 1513
successful in terms of the criteria established under subparagraph (C) for not less than a 2-year period, such eligible point shall not be eligible for air service for which compensation is payable by the Secretary under this section. "(C) CRITERIA OF SUCCESS.—The Secretary shall establish, Regulations. by regulation, objective criteria for determining whether or . not enhanced essential air service to an eligible point provided under this subsection is successful in terms of increasing passenger usage of the airport facilities at such point and reducing the amount of compensation provided by the Secretary under this subsection for such service. "(4) NOTICE BEFORE TERMINATION, SUSPENSION, OR REDUCTION
OF SERVICE.—An air carrier may not terminate, suspend, or reduce air transportation to an eligible point for which a determination of enhanced essential air service has been made below the level of such service approved by the Secretary under this subsection unless such carrier has given the Secretary, the community affected, and the government or person paying the non-Federal share at least 30 days' notice before such termination, suspension, or reduction. Nothing in this paragraph relieves an air carrier of its obligations under subsection Ob). "(5) PAYMENT OF COMPENSATION.—The Secretary shall make payments of compensation under this subsection at times and in a manner determined by the Secretary to be appropriate. The Secretary shall continue to pay the compensation to an air carrier to provide enhanced essential air service to an eligible point only for so long as such carrier maintains the level of enhanced essential air service and the government or person agreeing to pay any non-Federal share continues to pay such share and only for so long as the Secretary determines it is necessary in order to maintain such service to such point. "(6) PAYMENT OF NON-FEDERAL SHARE.—The Secretary
may
require appropriate payment in advance or such other security to assure that non-Federal payments for enhanced essential air service under this subsection are made on a timely basis. "(7) COMPENSATION FOR ENHANCED ESSENTIAL AIR SERVICE DE-
FINED.—For purposes of this subsection, compensation for enhanced essential air service to an eligible point covers only those costs incurred for providing air service to such point which are in addition to the costs incurred for providing basic essential air service to such point under this section. "(d) COMPENSATION FOR SERVICE TO OTHER SMALL COMMUNITIES.— State and local "(1) PROPOSAL.—A State or local government may make a governments. proposal to the Secretary for compensated air transportation in accordance with this subsection to a point that is not an eligible point under this section. "(2) DETERMINATION OF ELIGIBILITY.— "(A) DESIGNATION OF POINTS.—Not
later than 90 days after the submission of a proposal under this subsection, the Secretary— "(i) shall determine whether or not to designate the point for which such proposal is made as eligible to receive compensation under this subsection; and "(ii) shall approve or disapprove such proposal and notify the State or local government submitting such proposal of such decision.
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