Order 2010-3-24 

Served: March 17, 2010 

 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation

on the17th day of March, 2010

Essential air service at

OXNARD/VENTURA, CALIFORNIA 

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

 

 

 Docket DOT-OST-2010-0041 

 

 

ORDER ALLOWING SUSPENSION OF SERVICE 

Summary 

By this order, the Department is allowing SkyWest Airlines d/b/a United Express (SkyWest), to

suspend its scheduled air services at Oxnard/Ventura, California, as of June8, 2010.

Background 

On February 22, 2010, SkyWest filed a 90-day notice of intent to suspend its scheduled service at 

Oxnard/Ventura, California, as of June8, 2010. SkyWest is the only carrier providing scheduled 

service at Oxnard/Ventura, where it operates three daily nonstop round trips to Los Angeles

International Airport (LAX) with 30-seat Embraer EMB-120 Brasilia aircraft. 

Oxnard/Ventura is an essential air service (EAS) community by virtue of its being listed on a 

certificated carrier’s certificate on October 24, 1978, the date of enactment of the Airline 

Deregulation Act. If Oxnard/Venturawere not an EAS community, SkyWest could have simply 

suspended service without filing any notice. While Oxnard/Venturatechnically remains an EAS 

community, to ensure that thefunds are spent prudently, Congress has established eligibility 

criteria. Under Public Law 106-69, the Department of Transportation and Related Agencies 

Appropriations Act of 2000, the Department is precluded from compensating a carrier for serving 

acommunity that is within 70 driving miles of the nearest large or medium hub.1

 

1 Congress first established these eligibility standards under Public Law 101-164 for fiscal year 1990, 

and re-established them in fiscal years 1994-1999. Subsequently, the standards were made permanent by 

Public Law 106-69.
- 2 -

 

Decision 

We will allow SkyWest to discontinue its service at Oxnard/Ventura, as of June 8, 2010, as it 

requested. We are statutorily prohibited from paying subsidy to support essential air service at 

communities that do not meet certain eligibility criteria, including communities located within 70 

driving miles of a large or medium hub. Oxnard/Venturais 61 miles from Los Angeles 

International Airport, a large hub, and 57 miles from Burbank Bob Hope Airport, a medium 

hub.2 Since we are prohibited from paying subsidy for SkyWest’s service, we simply have no 

authority to require the carrier to continue beyond the end of the 90-day notice period. 

Before SkyWest suspends its services, we expect it to contact all travelers holding reservations 

for travel after its suspension date; to notify them of its suspension and the alternative services

available from other carriers; and to assist them in arranging alternate transportation or to provide 

them with a refund of their ticket price, without penalty, if requested.

This order is issued under authority delegated in 49 CFR 1.56a(f).

ACCORDINGLY,

1. We allow SkyWest Airlines, d/b/a United Express, to suspend its scheduled air services at 

Oxnard/Ventura, California, as of June8, 2010;

2. This docket will remain open until further order of the Department; and

3. We will serve copies of this order on the mayors of Oxnard and Ventura, California, the 

airport manager of Oxnard Airport, and SkyWest Airlines.

By:

 SUSAN L. KURLAND 

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available

at www.regulations.gov

 

2 When calculating driving miles for a hyphenated community like Oxnard/Ventura, we sum the distance 

from the city center of each community to the nearest medium and/or large hub airport, then divide by 

two to get an average distance. That methodology yields the average distance between both Oxnard and 

Ventura to Los Angeles International Airport (LAX) as 61 miles, and to Burbank’s Bob Hope Airport as 

57 miles.