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 19 th 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 ENPLAN E MENTS AND ESTABLISH MENT OF WAIVER PROCEDURES

Summary By this Order
, the Department makes a tentative determination that the four communities captioned above 1 averaged fewer than 10 enplanements per day in F iscal Y ear 20 14 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 3 0 days of the service date of this Order. Unless the Department receives a petition from the above

- captioned communities contesting t he Department ’s calculation s 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 th o se communities ’ continued eligibility for EAS based on Fiscal Year 2014 data. Th o se 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 wai ve 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 airp ort. Based on passenger traffic data for fiscal year 2014, and current hub classifications, the Department tentatively find s that these four communities averaged fewer than 10 enplanements per day and are fewer than 175 miles from a large or medium hub ai rport

. 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 ha ve taken total annual origin and destination passenger numbers for F iscal Y ear 201 4

. 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 enp lanements at the EAS community. The Department do es 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 F iscal Y ear 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 calculation s 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 f

or 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 s tate 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 su pport the petition for waiver. Petitions for waiver should provide facts and circumstances to aid th e 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 accord ance 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.g ov

. 7

These tentative findings will be finalized in a subsequent Final Order unless the Department receive s a petition contesting the calculation s or a petition (or contingent petition) for waiver within 30 days of the service date of this Order. A ny petitions received within that time period will be addressed in the Final Order.

A CCORDINGLY ,

1. The Department tentatively finds that Jamestown, New York, had an average of less than 10 enplanements per day in Fiscal Year 20 14 , and is fewer than 175 mil es 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 speci fied 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 “Continge nt 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 20 14 , 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 le ss than 10 enplanements per day in Fiscal Year 20 14 , 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 furth er Order of the Department; and

8. The Department will serve copies of this Order on the mayors, civic, and airport offic ials 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.govAppendix 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 Airport 1

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