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IX

[[underline]] NYA SHOULD BE PERMENANTLY CERTIFICATED [[/underline]]

In Order E-21799, the Board directed all interested persons to show cause why NYA should not be issued a permanent certification. The Bureau filed no objection and does not oppose permanent certification. The Department of Commerce has stated for the record that the Administration takes no position on this issue. (Tr. 711) A permanent certificate would trespass on no other air carrier.

The Board has authorized permanent certificates for San Francisco/Oakland Helicopter and for Los Angeles Airways. [[underline]] 95 [[/underline]]/ The factors supporting permanent certification for NYA are more compelling. Consistent application of statutory standards clearly require the issuance of permanent certificate to NYA.

There is no need to belabor the advantages of a permanent certificate. Congress has ordered the permanent certification of all local service carriers on public interest grounds which are fully applicable here. In case after case, the Board has recognized these advantages. It has issued forty permanent certificates. There is no unusual reason which requires that NYA should be the exception. There is every reason why it should have a permanent certificate whether or not it gets subsidy eligibility.

A. [[underline]] The Board Has Repeatedly Recognized That the Public Convenience and Necessity is Better Served by Permanent Certificates [[/underline]]

Today forty U.S. air carriers possess permanent certificates. Thirteen of these, the local service carriers, have received their certificates pursuant to a legislative directive. Both the action of the Board in issuing permanent certificates for virtually all air carriers, and the Congressional directive evidence the significant value of permanent certificates.

The Act provides specifically that "the public convenience and necessity" requires the "regulation of air transportation in such a manner as to...foster sound economic conditions" and directs the Board to develop 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". A permanent certificate furthers each of these objectives.

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[[footnote 95]] 95/ [underline]] San Francisco/Oakland Case [[/underline]], Order E-20214; [[underline]] Los Angeles Renewal Case [[/underline]], E-22797.