Page:United States Statutes at Large Volume 108 Part 2.djvu/872

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108 STAT. 1588 PUBLIC LAW 103-305—AUG. 23, 1994 "(2) the termination of transportation is made for seasonal purposes only; "(3) the carrier involved has operated at the affected nonhub airport for 180 days or less; "(4) the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or "(5) the carrier involved makes alternative arrangements, such as a change of aircraft size, or other t3rpes of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport. "(c) WAIVERS FOR REGIONAL/COMMUTER CARRIERS.— Before January 1, 1995, the Secretary shall establish terms and conditions under which regional/commuter carriers can be excluded from the termination notice requirement. "(d) DEFINITIONS.—In this section, the following definitions apply: "(1) NONHUB AIRPORT. —The term 'nonhub airport' has the meaning that term has under section 41731(a)(3), "(2) PART 121 AIR CARRIER.—The term 'part 121 air carrier* means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies. "(3) PART 135 AIR CARRIER.— The term 'part 135 air carrier* means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies. "(4) REGIONAL/COMMUTER CARRIERS.— The term 'regional/ commuter carrier' means— "(A) a part 135 air carrier; or "(B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers. "(5) TERMINATION. —The term 'termination' means the cessation of all service at an airport by an air carrier.". (b) CONFORMING AMENDMENTS.—The analysis of such chapter 417 is amended by inserting after the item relating to section 41714 the following new item: "41715. Air service termination notice.". (c) CIVIL PENALTIES,— Section 46301(a), as amended by section 1121(d) of this Act, is further amended— (1) in paragraph (1)(A) by inserting ", or 41715" before "of this title;"; (2) in paragraph (4) by inserting "(other than a violation of section 41715)" after "violation" the second and third place it appears; and (3) by adding at the end the following: "(6) Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000. ", 49 USC 41715 (d) EFFECTIVE DATE,—The amendments made by this section note. shall take effect on February 1, 1995, SEC. 208. STATE TAXATION OF AIR CARRIER EMPLOYEES. Section 40116(f) is amended by adding at the end the following: "(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee's authorized leave or other authorized absence from regular duties on the carrier's aircraft in order to perform services on behalf of the employee's airline union shall be subject to the income tax laws of only the following: