Order: 2015-5-14

 Served: May 19, 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19th of May, 2015

Essential Air Service at

JAMESTOWN, NEW YORK

MASON CITY, IOWA

SHOW LOW, ARIZONA

VICTORIA, TEXAS

Under 49 U.S.C. 41731 et seq.

Docket DOT-OST-2003-14950

Docket DOT-OST-2001-10684

Docket DOT-OST-1998-4409

Docket DOT-OST-2005-20454

TENTATIVE FINDINGS OF AVERAGE DAILY ENPLANEMENTS AND

ESTABLISHMENT OF WAIVER PROCEDURES

Summary

By this Order, the Department makes a tentative determination that the four communities 

captioned above1 averaged fewer than 10 enplanements per day in Fiscal Year 2014 and are 

fewer than 175 miles from a large or medium hub airport. Objections to this tentative 

determination or requests for waivers from the requirement that Essential Air Service (EAS)

communities average 10 or more enplanements per day in each fiscal year, 49 U.S.C.

§ 41731(a)(1)(B), are due within 30 days of the service date of this Order. Unless the 

Department receives a petition from the above-captioned communities contesting the 

Department’s calculations or for waiver, the Department will issue a subsequent Final Order 

terminating that community’s EAS eligibility.

Background

The FAA Modernization and Reform Act of 2012 amended 49 U.S.C. § 41731(a)(1)(B) to 

change the definition of “eligible place” for the purpose of receiving EAS. The amendment 

states that to be eligible, a community must maintain an average of 10 enplanements or more per 

service day, as determined by the Secretary, during the most recent fiscal year beginning after 

 1 By Order 2014-9-14, the Department granted 12 communities a one-year waiver from the ten enplanement 

requirement. Thus, we will not address those communities’ continued eligibility for EAS based on Fiscal Year 2014 

data. Those communities, however, will be evaluated based on their Fiscal Year 2015 enplanements.
- 2 -

September 30, 2012. The legislation exempts locations in Alaska and Hawaii and communities

that are more than 175 driving miles from the nearest large or medium hub airport.2 The 

Secretary also has the authority to waive the 10-enplanement standard, on an annual basis, if the 

community can demonstrate that the reason the location averages fewer than 10 enplanements 

per day is due to a temporary decline in enplanements.3

Tentative Findings

The purpose of this Order is to apply the new eligibility criteria to those communities that are 

currently receiving subsidized EAS, except for those communities in Alaska and Hawaii or that 

are more than 175 miles from the nearest large or medium hub airport. Based on passenger 

traffic data for fiscal year 2014, and current hub classifications, the Department tentatively finds

that these four communities averaged fewer than 10 enplanements per day and are fewer than 

175 miles from a large or medium hub airport. In applying the mileage standard, we have 

measured the shortest driving distance from the center of the EAS community to the beginning 

of the airport property of the nearest medium- or large-hub airport.4 In calculating enplanements 

per day, we have taken total annual origin and destination passenger numbers for Fiscal Year 

2014. The passenger numbers are divided by two to determine passengers in one direction 

(enplanements at the EAS community), and then by 313 days to determine average daily 

enplanements at the EAS community. The Department does not use 365 days in the calculation 

because EAS subsidies are typically provided for the equivalent of six-day-a-week service.5 

The chart below summarizes the data. Of note is that in the case of Mason City, the community 

received service for only approximately four months during Fiscal Year 2014. Therefore the 

service days were adjusted accordingly.

YE 9/30/14 Nearest Approx. Nearest Approx.

YE 9/30/14 Enplanements/ Large Miles to Medium Miles to 

State EAS Community Pax Total Per day Hub L-Hub Hub M-Hub

AZ Show Low 4,521 7.2 PHX 154 n/a

IA Mason City 1,752 8.2 MSP 133 n/a

NY Jamestown 5,813 9.3 n/a BUF 76

TX Victoria 4,869 7.8 n/a SAT 124

Next Steps for Communities

If communities dispute the mileage or passenger calculations, they may file a petition

demonstrating that they generated an average of more than 10 enplanements per day from 

October 1, 2013 through September 30, 2014, and/or that they are more than 175 miles from the

 2 49 U.S.C. § 41731(c) & (d). 

3 49 U.S.C. § 41731(e). 4 The mileage standard is consistent with longstanding and current Department practice. See 54 Fed. Reg. 52766 

(Dec. 22, 1989) (amending 14 CFR Part 398). 5 For example, we typically subsidize two round trips a day Monday through Friday and two round trips over the 

weekend (12 round trips a week) or three round trips each weekday and over the weekend (18 a week). Using 313 

days (52 weeks x 6 days = 312 + one day = 313), instead of 365 days, has the effect of raising the average daily 

enplanements by 17%.
- 3 -

nearest large or medium hub airport. Petitions contesting the tentative calculations must be filed 

within 30 days from the date of service of this Order (by June 18, 2015).

Alternatively, communities may petition for a waiver. The Department will consider petitions 

for a waiver of 49 U.S.C. § 41731(a)(1)(B) under the authority provided in 49 U.S.C.

§ 41731(e). Specifically, each petition must be filed in accordance with 49 CFR § 5.11(b).6 The 

petition should state that it is a request for exemption from 49 U.S.C. § 41731(a)(1)(B) 

and include an explanation of the nature and extent of the relief sought and any information and 

arguments available to the petitioner to support the petition for waiver. Petitions for waiver 

should provide facts and circumstances to aid the Secretary’s consideration of whether the 

“reason the location averages fewer than ten enplanements per day is due to a temporary decline 

in enplanements.”

As required by 49 U.S.C. § 41731(e), the Secretary may grant a waiver of the 10 enplanement 

per day requirement if the community demonstrates to the Secretary’s satisfaction that the reason 

the location averages fewer than ten enplanements per day is due to a temporary decline in 

enplanements. The Department will consider each petition for waiver based upon the individual 

merits and circumstances of that community.

All petitions for a waiver must be submitted within 30 days of the service date of this Order (by 

June 18, 2015) with the title “Petition of (EAS community) for a waiver from the 10-

enplanement statute, Docket-OST-DOT-(appropriate Docket number from page 1 of this

Order),” in order to ensure timely consideration in accordance with 49 CFR § 5.11(b). All 

petitions must be filed electronically to EAS@dot.gov or by FAX to 202-366-7638. Each 

petition received by the Department will be made available at http://www.regulations.gov. 7

These tentative findings will be finalized in a subsequent Final Order unless the Department 

receives a petition contesting the calculations or a petition (or contingent petition) for waiver 

within 30 days of the service date of this Order. Any petitions received within that time period 

will be addressed in the Final Order.

ACCORDINGLY,

1. The Department tentatively finds that Jamestown, New York, had an average of less than 10 

enplanements per day in Fiscal Year 2014, and is fewer than 175 miles from a large or 

medium hub airport;

 6 Because 49 U.S.C. § 41731(e) permits the Secretary to waive the 10-enplanement requirement, the Department 

would be exercising its statutory waiver authority through its petition for exemption process set forth in 49 CFR §

5.11.

7 Communities wishing to challenge our tentative average daily enplanements or mileage calculation and, in the 

alternative, petition for waiver, may submit a contingent petition for waiver. Contingent petitions for waiver must 

address the requirements specified above for both petitions contesting our tentative calculations and petitions for 

waivers. Additionally, all contingent petitions for waiver must be submitted within 30 days of the service date of 

this Order (by June 18, 2015) with the title “Contingent Petition of (EAS community) for a waiver from the 10-

enplanement statute, Docket-OST-DOT-(appropriate Docket number from page 1 of this Order)” and otherwise 

follow the submission instructions described above.
- 4 -

2. The Department tentatively finds that Mason City, Iowa, had an average of less than 10 

enplanements per day in Fiscal Year 2014, and is fewer than 175 miles from a large or 

medium hub airport;

3. The Department tentatively finds that Show Low, Arizona, had an average of less than 10 

enplanements per day in Fiscal Year 2014, and is fewer than 175 miles from a large or 

medium hub airport;

4. The Department tentatively finds that Victoria, Texas, had an average of less than 10 

enplanements per day in Fiscal Year 2014, and is fewer than 175 miles from a large or 

medium hub airport;

5. The Department directs all interested person to file a petition within 30 days of the date of 

service of this Order demonstrating that the above captioned communities either: (a) 

averaged more than 10 enplanements per day or are more than 175 miles from the nearest 

large or medium hub airport, or (b) petition for a waiver from the requirement at 49 U.S.C. § 

41731(a)(1)(B). Alternatively, communities may submit a contingent petition for waiver;

6. The Department will afford full consideration to the matters and issued raised in any timely 

and properly filed petitions before we take further action;

7. These dockets will remain open until further Order of the Department; and

8. The Department will serve copies of this Order on the mayors, civic, and airport officials at 

the communities named above.

By:

BRANDON M. BELFORD

Deputy Assistant Secretary for

Aviation and International Affairs

(SEAL)

An electronic version of this document is available 

at http://www.regulations.gov
Appendix A

Full List of Communities Subject to the 10-enplanement per service day requirement

All EAS communities within 175 miles of the nearest Large or Medium Hub Airport1

YE 9/30/14 Nearest Approx.

YE 9/30/14 Enplanements/ Large or Miles to 

State EAS Community Pax Total Per day Medium Hub Hub Notes

1 AL Muscle Shoals 3,701 5.9 BNA 122

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 AR Jonesboro 9,230 14.7 MEM 82

1 AZ Kingman 1,059 1.7 LAS 121

Eligibility terminated due to 

per-passenger subsidy 

exceeding $1,000. Service 

ended April 30, 2015

1 AZ Prescott 8,281 13.2 PHX 102

1 AZ Show Low 4,521 7.2 PHX 154

1 CA El Centro 4,591 7.3 SAN 114

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 CA Merced 4,583 7.3 SJC 107

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 CO Pueblo 7,715 12.3 DEN 121

1 GA Macon 2,817 4.5 ATL 82

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 IA Fort Dodge 1,441 2.3 OMA 156

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 IA Mason City 1,752 8.2 MSP 133

1 IA Sioux City 48,482 77.4 OMA 97

1 IL Decatur 12,892 20.6 STL 126

1 IL Marion/Herrin 19,662 31.4 STL 123

1 IL Quincy 19,938 31.8 STL 111

1 KY Owensboro 7,485 12.0 BNA 105

1 KY Paducah 41,398 66.1 BNA 146

1 MD Hagerstown 2,783 4.4 IAD 78

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 ME Augusta/Waterville 10,824 17.3 BOS 168

1 MI Muskegon 29,495 47.1 DTW 165

1 MN Brainerd 33,109 52.9 MSP 123

1 MO Cape 

Girardeau/Sikeston 12,270 19.6 STL 127

1 MO Fort Leonard Wood 15,552 24.8 STL 136

1 MO Joplin 49,937 79.8 MCI 167

1 MO Kirksville 11,098 17.7 MCI 154

1 MS Greenville 4,347 6.9 MEM 154

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 MS Laurel/Hattiesburg 7,648 12.2 MSY 135

1 MS Tupelo 10,385 16.6 MEM 94

1 NE Grand Island 46,706 74.6 OMA 138

 1 Excludes Alaska and Hawaii, per 49 USC § 41731(c)
Appendix A

Page 2 of 2

Full List of Communities Subject to the 10-enplanement per service day requirement

All EAS communities within 175 miles of the nearest Large or Medium Hub Airport

YE 9/30/14 Nearest Approx.

YE 9/30/14 Enplanements/ Large or Miles to 

State EAS Community Pax Total Per day Medium Hub Hub Notes

1 NH Lebanon/White River 

Jct., VT 21,635 34.6 124

1 NY Jamestown 5,813 9.3 BUF 76

1 NY Watertown 39,344 62.8 BUF 172

1 PA Altoona 7,061 11.3 PIT 112

1 PA Bradford 4,535 7.2 BUF 77

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 PA DuBois 8,447 13.5 PIT 112

1 PA Franklin/Oil City 2,652 4.2 PIT 85

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 PA Johnstown 10,179 16.3 PIT 84

1 PA Lancaster 3,852 6.2 PHL 86

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 PR Mayaguez 11,823 18.9 SJU 105

1 TN Jackson 4,254 6.8 MEM 86

Received waiver from the 10-

enplanement requirement 

through September 30, 2015

1 TX Victoria 4,869 7.8 SAT 124

1 UT Vernal 9,101 14.5 SLC 150 One month service hiatus

1 VA Staunton 22,498 35.9 IAD 134

1 VT Rutland 10,730 17.1 BOS 134

1 WI Eau Claire 37,365 59.7 MSP 92

1 WV Clarksburg/Fairmont 10,660 17.0 PIT 96

1 WV Morgantown 18,495 29.5 PIT 75

1 WV Parkersburg/Marietta 10,194 16.3 CMH 110

1 WY Laramie 24,495 39.1 DEN 145

49