Order: 2014-4-26 

 Served: April 24, 2014 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

on the 24th day of April, 2014 

Essential Air Service at 

ATHENS, GEORGIA 

BRADFORD, PENNSYLVANIA 

EL CENTRO, CALIFORNIA 

FORT DODGE, IOWA 

FRANKLIN/OIL CITY, PENNSYLVANIA 

GREENVILLE, MISSISSIPPI 

HAGERSTOWN, MARYLAND 

JACKSON, TENNESSEE 

LANCASTER, PENNSYLVANIA 

KINGMAN, ARIZONA 

MACON, GEORGIA 

MERCED, CALIFORNIA 

MUSCLE SHOALS, ALABAMA 

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

Docket DOT-OST-2002-11348 

Docket DOT-OST-2003-14528 

Docket DOT-OST-2008-0299 

Docket DOT-OST-2001-10682 

Docket DOT-OST-1997-2523 

Docket DOT-OST-2008-0209 

Docket DOT-OST-2006-25228 

Docket DOT-OST-2000-7857 

Docket DOT-OST-2002-11450 

Docket DOT-OST-1996-1899 

Docket DOT-OST-2007-28671 

Docket DOT-OST-1998-3521 

Docket DOT-OST-2000-7856 

TENTATIVE ORDER REGARDING TERMINATION OF EAS ELIGIBILITY 

Summary 

By this Order, the Department is directing interested persons to show cause as to why the 

Department should not terminate the eligibility of the communities captioned above under the 

Essential Air Service (EAS) program based on criteria passed by Congress in the FAA 

Modernization and Reform Act of 2012 (Public Law No. 112-95). Objections to the 

Department’s tentative decision are due within 20 days of the service date of this Order. 

Recent Developments in Congressional Eligibility Criterion 

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 
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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.1 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.2 

Methodology and Enplanement History 

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, Hawaii, or more 

than 175 miles from the nearest large or medium hub airport. Regarding 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.3 In calculating 

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

fiscal year 2013. We then divided by two to get passengers in one direction (enplanements at the 

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

community. We do not use 365 days in our calculation because we typically subsidize the 

equivalent of six-day-a-week service.4 

We also want to make clear that this is not a one-time exercise. Rather, as data become available 

in the future, we will apply the new data to the then-subsidized communities on an annual basis. 

For example, if a community within 175 miles of a medium- or large-hub airport currently 

averages 11 enplanements a day but that level dips to 9 a day based on the most recent fiscal year 

data at that time, that community could lose its EAS eligibility. Similarly, if a community 

enplaning five passengers a day is currently more than 175 miles from the nearest large or 

medium hub but a small hub within 175 miles grows to medium-hub status, that community 

could also lose its EAS eligibility. 

Decision 

After careful consideration of this matter, the Department has tentatively decided to terminate the 

eligibility of the communities discussed in this Order. 

We will briefly discuss each of the affected communities below, and the data are summarized in 

Appendix A. 

ATHENS 

We find that Athens is within 175 miles of a large or medium hub, Hartsfield-Jackson Atlanta 

International Airport (ATL), a large hub, and, thus, is subject to the 10-enplanement statutory 

 

1 See 49 U.S.C. § 41731(c) and (d). 

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

(December 22, 1989) (amending 14 CFR Part 398). 

4 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%. 
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criterion. We also find that during fiscal year 2013, Athens generated a total of 3,681 passengers 

(inbound plus outbound). Consistent with the methodology described above, that results in an 

average of 5.9 enplanements per day, below the 10-enplanement statutory criterion necessary to 

remain eligible in the EAS program. 

BRADFORD 

We find that Bradford is within 175 miles of a large or medium hub, Buffalo Niagara 

International Airport (BUF), a medium hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Bradford generated a total of 4,292 

passengers (inbound plus outbound). Consistent with the methodology described above, that 

results in an average of 6.9 enplanements per day, below the 10-enplanement statutory criterion 

necessary to remain eligible in the EAS program. 

EL CENTRO 

We find that El Centro is within 175 miles of a large or medium hub, San Diego International 

Airport (SAN), a large hub, and, thus, is subject to the 10-enplanement statutory criterion. We 

also find that during fiscal year 2013, El Centro generated a total of 5,950 passengers (inbound 

plus outbound). Consistent with the methodology described above, that results in an average of 

9.5 enplanements per day, below the 10-enplanement statutory criterion necessary to remain 

eligible in the EAS program. 

FORT DODGE 

We find that Fort Dodge is within 175 miles of a large or medium hub, Omaha Airport-Eppley 

Airfield (OMA), a medium hub, and, thus, is subject to the 10-enplanement statutory criterion. 

We also find that during fiscal year 2013, Fort Dodge generated a total of 5,868 passengers 

(inbound plus outbound). Consistent with the methodology described above, that results in an 

average of 9.4 enplanements per day, below the 10-enplanement statutory criterion necessary to 

remain eligible in the EAS program. 

FRANKLIN/OIL CITY 

We find that Franklin/Oil City is within 175 miles of a large or medium hub, Pittsburgh 

International Airport (PIT), a medium hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Franklin/Oil City generated a total of 3,134 

passengers (inbound plus outbound). Consistent with the methodology described above, that 

results in an average of 5.0 enplanements per day, below the 10-enplanement statutory criterion 

necessary to remain eligible in the EAS program. 

GREENVILLE 

We find that Greenville is within 175 miles of a large or medium hub, Memphis International 

Airport (MEM), a medium hub, and, thus, is subject to the 10-enplanement statutory criterion. 

We also find that during fiscal year 2013, Greenville generated a total of 5,836 passengers 

(inbound plus outbound). Consistent with the methodology described above, that results in an 

average of 9.3 enplanements per day, below the 10-enplanement statutory criterion necessary to 

remain eligible in the EAS program. 
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HAGERSTOWN 

We find that Hagerstown is within 175 miles of a large or medium hub, Washington Dulles 

International Airport (IAD), a large hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Hagerstown generated a total of 2,419 

passengers (inbound plus outbound). Consistent with the methodology described above, that 

results in an average of 3.9 enplanements per day, below the 10-enplanement statutory criterion 

necessary to remain eligible in the EAS program. 

JACKSON 

We find that Jackson is within 175 miles of a large or medium hub, Memphis International 

Airport (MEM), a medium hub, and, thus, is subject to the 10-enplanement statutory criterion. 

We also find that during fiscal year 2013, Jackson generated a total of 4,865 passengers (inbound 

plus outbound). Consistent with the methodology described above, that results in an average of 

7.8 enplanements per day, below the 10-enplanement statutory criterion necessary to remain 

eligible in the EAS program. 

LANCASTER 

We find that Lancaster is within 175 miles of a large or medium hub, Philadelphia International 

Airport (PHL), a large hub, and, thus, is subject to the 10-enplanement statutory criterion. We 

also find that during fiscal year 2013, Lancaster generated a total of 3,943 passengers (inbound 

plus outbound). Consistent with the methodology described above, that results in an average of 

6.3 enplanements per day, below the 10-enplanement statutory criterion necessary to remain 

eligible in the EAS program. 

KINGMAN 

We find that Kingman is within 175 miles of a large or medium hub, McCarran International 

Airport in Las Vegas (LAS), a large hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Kingman generated a total of 1,661 

passengers (inbound plus outbound). Consistent with the methodology described above, that 

results in an average of 2.7 enplanements per day, below the 10-enplanement statutory criterion 

necessary to remain eligible in the EAS program. 

MACON 

We find that Macon is within 175 miles of a large or medium hub, Hartsfield-Jackson Atlanta 

International Airport (ATL), a large hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Macon generated a total of 2,482 passengers 

(inbound plus outbound). Consistent with the methodology described above, that results in an 

average of 4.0 enplanements per day, below the 10-enplanement statutory criterion necessary to 

remain eligible in the EAS program. 

MERCED 

We find that Merced is within 175 miles of a large or medium hub, Mineta San Jose International 

Airport (SJC), a medium hub, and, thus, is subject to the 10-enplanement statutory criterion. We 

also find that during fiscal year 2013, Merced generated a total of 4,810 passengers (inbound 

plus outbound). Consistent with the methodology described above, that results in an average of 
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7.7 enplanements per day, below the 10-enplanement statutory criterion necessary to remain 

eligible in the EAS program. 

MUSCLE SHOALS 

We find that Muscle Shoals is within 175 miles of a large or medium hub, Nashville 

International Airport (BNA), a medium hub, and, thus, is subject to the 10-enplanement statutory 

criterion. We also find that during fiscal year 2013, Muscle Shoals generated a total of 3,973 

passengers (inbound plus outbound). Consistent with the methodology described above, that 

results in an average of 6.3 enplanements per day, below the 10-enplanement statutory criterion 

necessary to remain eligible in the EAS program. 

We hereby require the incumbent carriers to provide EAS at the communities until further notice, 

which will be included in the Department’s Final Order on this matter. Carriers that fail to 

continue providing EAS at their respective communities may be referred to the Office of 

Aviation Enforcement and Proceedings for appropriate handling. This Order does not preclude 

carriers from starting or continuing air service at these communities without subsidy. 

We will give interested persons 20 days after the service date of this Order to submit objections. 

Objections should be fully documented and contain complete information on the data used by the 

persons objecting. If we later finalize the tentative findings in a subsequent Order, the 

Department would make that Order effective 30-45 days after its service date. In that event, if a 

specific carrier providing EAS at one of the affected communities decides to suspend service 

upon the effective date, we will expect it to contact all passengers who hold reservations for 

flights that will be suspended to inform them of the suspension and assist them in arranging 

alternative transportation or to provide a refund of the ticket price, without penalty, if requested. 

If the Department finalizes its tentative findings for any of the communities captioned above in a 

subsequent Order, those communities will have an opportunity to petition for a waiver based on 

49 U.S.C. § 41731(e), which states that “For fiscal year 2013 and each fiscal year thereafter, the 

Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the 

location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer 

than 10 enplanements per day is due to a temporary decline in enplanements.” The process for 

filing such a waiver will be addressed in the subsequent Order. 

This Order is issued under authority delegated in 49 CFR Part 1.25a(b). 

ACCORDINGLY, 

1. The Department tentatively finds that the 13 communities captioned on page 1 of this Order 

are no longer eligible EAS communities; 

2. The Department directs all interested persons to show cause within 20 days of the date of 

service of this Order why we should not make final the tentative findings and conclusions set 

forth above. Objections should be filed electronically to EAS@dot.gov, or by FAX at 202-366-

7638; 
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3. The Department requires carriers providing EAS under the Orders identified herein to provide 

the level of EAS set by the Orders listed in Appendix B at the communities named in this Order 

until further notice; 

4. We will afford full consideration to the matters and issues raised in any timely and properly 

filed objections before we take further action; 

5. These dockets will remain open until further order of the Department; and 

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

the communities named above. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for 

Aviation and International Affairs 

(SEAL) 

An electronic version of this document is available 

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

YE 9/30/13 YE 9/30/13 Nearest Approx. Nearest Approx.

Passenger Enplanements Large Miles to Medium Miles to

State EAS Community Carrier serving Totals* Per Day Hub L-Hub Hub M-Hub 

Arizona Kingman Great Lakes 1,661 2.7 LAS 121 n/a

Maryland Hagerstown Sun Air 2,419 3.9 IAD 78 n/a

Georgia Macon Silver Airways 2,482 4.0 ATL 82 n/a

Pennsylvania Franklin/Oil City Silver Airways 3,134 5.0 n/a PIT 85

Georgia Athens SeaPort 3,681 5.9 ATL 72 n/a

Pennsylvania Lancaster Sun Air 3,943 6.3 PHL 86 n/a

Alabama Muscle Shoals Silver Airways 3,973 6.3 n/a BNA 122

Pennsylvania Bradford Silver Airways 4,292 6.9 n/a BUF 77

California Merced Great Lakes 4,810 7.7 n/a SJC 107

Tennessee Jackson SeaPort 4,865 7.8 n/a MEM 86

Mississippi Greenville Silver Airways 5,836 9.3 n/a MEM 154

Iowa Fort Dodge Great 

Lakes/suspended 5,868 9.4 n/a OMA 156

California El Centro SeaPort 5,950 9.5 SAN 114 n/a

* Enplanements and deplanements
Appendix B 

ORDERS OUTLINING SERVICE TO BE PROVIDED 

EAS Community Order(s)

ATHENS, GEORGIA 2012-9-27

BRADFORD, PENNSYLVANIA 2012-9-23

EL CENTRO, CALIFORNIA 2013-1-2 and 2013-4-3

FORT DODGE, IOWA* 2011-11-30

FRANKLIN/OIL CITY, PENNSYLVANIA 2012-9-23

GREENVILLE, MISSISSIPPI 2012-5-17

HAGERSTOWN, MARYLAND 2012-8-9

JACKSON, TENNESSEE 2014-1-23

LANCASTER, PENNSYLVANIA 2012-8-9

KINGMAN, ARIZONA 2013-6-1

MACON, GEORGIA 2013-2-26

MERCED, CALIFORNIA 2012-9-9

MUSCLE SHOALS, ALABAMA 2012-5-17

*Great Lakes' service is currently suspended