Page:United States Statutes at Large Volume 92 Part 2.djvu/427

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1707

" (9) The encouragement, development, and maintenance of an air transportation system relying on actual and potential competition to provide efficiency, innovation, and low prices, and to determine the variety, quality, and price of air transportation services. "(10) The encouragement of entry into air transportation markets by new air carriers, the encouragement of entry into additional air transportation markets by existing air carriers, and the continued strengthening of small air carriers so as to assure a more effective, competitive airline industry.". (b) Section 102 of such Act is amended by adding at the end thereof 49 USC 1302: the following new subsection: "FACTORS FOR FOREIGN AIR TRANSPORTATION

" (c) I n the exercise and performance of its powers and duties under this Act with respect to foreign air transportation, the Board shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity: " (1) The encouragement and development of an air transportation system properly adapted to the present and future needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. " (2) The regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic conditions in, such transportation, and to improve the relations between and coordinate transportation by air carriers. " (3) The promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices. " (4) Competition to the extent necessary to assure the sound development of an air transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense. " (5) The promotion of safety in air commerce. " (6) The promotion, encouragement, and development of civil aeronautics.". (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "SEC. 102. Declaration of Policy: The Board." is amended by striking out " (a) General factors for consideration. "(b) Factors for all-cargo air service." and inserting in lieu thereof " (a) Factors for interstate and overseas air transportation. "(b) Factors for all-cargo air service. "(c) Factors for foreign air transportation.". FEDERAL PREEMPTIONT

SEC. 4. (a) Title I of the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.) is amended by adding at the end thereof the following new section: