[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25319]
[[Page Unknown]]
[Federal Register: October 13, 1994]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Order 94-10-5 and Docket 49814]
Order Tentatively Establishing Exemption Criteria for Regional
and Commuter Airlines From Certain Notice Requirements
SUMMARY: We are publishing the order in its entirety as an appendix to
this document.
DATES: Issued in Washington, DC, October 6, 1994.
FOR FURTHER INFORMATION CONTACT:
Dennis DeVany, Chief, EAS & Domestic Analysis Division, U.S. Department
of Transportation, Office of Aviation Analysis, room 6401, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-1061.
On August 23, 1994, Congress enacted the Federal Aviation
Administration Authorization Act of 1994 (P.L. 103-305), which, among
other things, establishes notice requirements on airlines intending to
suspend service at certain communities, effective February 1, 1995.
Specifically, the law states, ``An air carrier may not terminate
interstate air transportation from a nonhub airport included on the
Secretary's latest published list of such airports, unless such air
carrier has given the Secretary at least 45 days' notice before such
termination.''\1\ There are several exemptions to the notice
requirement. Carriers are exempt from filing a suspension notice if
they are experiencing a sudden or unforeseen financial emergency
including natural weather-related emergencies, equipment-related
emergencies, or strikes. Other exemptions include seasonal suspensions,
cases in which the airline has served the community for 180 days or
less, cases in which the airline provides jet service from another
airport serving the same community, and cases in which the departing
airline arranges with another airline to provide replacement service so
that the service continues uninterrupted.\2\
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\1\The final version of the law contains a technical drafting
error. The ``Definitions'' section of the law (section 41715(d)(1)),
includes a definition of ``nonhub airport'' by reference, but the
reference is incorrect--i.e., it refers to section 41731(a)(3),
which in fact defines a ``hub airport'', but should have referred to
section 41731(a)(4). The Senate version, which was adopted in
conference, referred to section 419(k)(4) of the Federal Aviation
Act, which correctly defined a ``nonhub airport''. During the time
that the bill was under consideration, the Federal Aviation Act and
other related statutes were codified. The incorrect citation above
occurred in the translation to the codified statute. We are
implementing the provision as intended and will seek corrective
legislation.
\2\The Department will issue a Notice of Proposed Rulemaking
addressing those issues shortly.
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Finally, the law allows for waivers from the notice requirements
for regional and commuter airlines. Specifically, the law requires
that, ``Before January 1, 1995, the Secretary shall establish terms and
conditions under which regional/commuter carriers can be excluded from
the termination notice requirement.''
First, we wish to make clear that nothing in the legislation or in
this order has any effect on the notice requirements already in place
in connection with the Department's essential air service (EAS)
program. All carriers will continue to be subject to all applicable
laws and regulations pertaining to the EAS program. In case of
conflict, the more stringent and longer notice requirements shall
prevail.
By this order we tentatively propose to establish criteria for
waivers for regional and commuter airlines. The legislative history of
this bill indicates that the primary focus is on jet service, i.e., on
ensuring that communities receive at least 45 days' notice before jet
service to them is terminated. Consistent with that intent, the
legislation requires the Secretary to carve out exemptions for regional
and commuter carriers. (The legislation defines a regional/commuter
carrier as an airline operating under 14 CFR Part 135, or one operating
under 14 CFR Part 121 that operates exclusively with 70-seat or smaller
aircraft.) Because the primary focus is on jet service, we propose to
exempt regional and commuter carriers from the requirement to file a
45-day notice if jet service would remain at the community. Absent the
availability of jet service, the focus of the new law would also appear
not to dictate a notice obligation if a community retained two or more
non-jet carriers following the suspension of service by another. We
would propose, therefore, to grant exemptions from the 45-day filing
requirement if two or more regional/commuter carriers would remain at
the community, i.e., the third to last commuter/regional carrier would
not have to file a notice. We would not exempt the second to last
carrier from a notice obligation. Requiring such notice in that
situation would obviate the prospect that one of two carriers serving a
community could suspend service abruptly even if it was providing the
lion's share of the service, as long as the remaining carrier was
technically meeting the community's EAS definition.
We will establish a 30-day period from the issue date of this order
for interested parties to show cause why we should not adopt our
tentative conclusions as final. Any objection should demonstrate how
our tentative decision is not consistent with the applicable law and
must include the conditions under which regional/commuter airlines
should be exempted from the notice requirements. After reviewing all
the objections, if any, we will issue an order taking final action on
the waivers for commuter and regional carriers.
This order is issued under authority delegated in 49 CFR 1.56(i).
Accordingly,
1. The Department tentatively establishes waivers for regional and
commuter airlines from the notice requirements contained in the Federal
Aviation Administration Authorization Act of 1994 (P.L. 103-305). The
waivers would apply under either of the following two conditions: (1)
if the affected community would continue to receive scheduled jet
service, or (2) if the affected community would continue to receive
scheduled air service from two or more regional/commuter carriers;
2. The Department directs all interested parties to show cause
within 30 days of the issue date of this order why we should not
finalize the tentative conclusions in paragraph 1 above; and
3. We will publish a copy of this order in the Federal Register.
By:
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 94-25319 Filed 10-12-94; 8:45 am]
BILLING CODE 4910-62-P-M
