### Order 2012

- 1

- 10

Served : January 13, 2012

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 13th day of January , 2012

Blanket Waiver to

U.S. CERTIFICATED AIR CARRIERS

AND

PRESIDENTIAL CAMPAIGN ORGANIZATIONS

for Part 212 of the Department’s Economic Regulations to operate charters during the 20 12 Election Campaign



## ORDER GRANTING WAIVERS

During previous Presidential Election Campaigns many campaign organizations desired to charter aircraft from commercial airlines. In response to this demand, the Department (and prior to 1985 the Civil Aeronautics Board) granted U.S. certificated carriers waivers from the provisions of 14 CFR Part 212 of the Aviation Economic Regulations to permit them to charter aircraft to the campaign organizations. 1
Waivers were necessary because the charters (on behalf of the campaign organizations) did not meet the

re gulations governing single entity charters. Specifically, for a charter group to qualify as a single entity, the participants are not permitted to pay either directly or indirectly for the air transportation. However, the campaign organizations wanted to a llow Secret Service and news media personnel to travel on the flights and reimburse the campaign organizations for their travel . We found this practice reasonable and therefore granted appropriate waivers from the single entity rules.

In order to avoid the burden of handling numerous similar requests for the 20 12 campaign on a

case

- by

- case basis, we find again that it would be in the public interest to grant all U.S. certificated carriers a blanket waiver of the provisions of Part 212 of the Economic Regulations, specifically section 212.4, to provide charter service on behalf of the 20 12 Presidential Election Campaign Organizations. We will also grant similar waivers to the campaign organizations to the extent that the charters they arrange

do not con form to the single entity rules. 2

1 See, e.g ., Order 2007

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- 5.

2 The relief granted is intended to extend also to charter flights operated on behalf of candidates for the

office of the Vice President of the United States.

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O NThe Presidential campaign charter service is specialized and tailored to the specific needs of the candidates. The security protection furnished by the Secret Service is provided by law, and the news

coverage prov ided by the news media representatives accompanying the candidates provides a valuable service to the public. The President and Vice President are the only nationally

- elected officials, so the need for the instant waiver in order to utilize air transportat ion in the conduct of the campaign is clear and unique. Therefore, we find that grant of the blanket waiver during the course of the 20 12 primary and regular or general elections are in the public interest.

While authorizations for Democratic and Republ ican candidates are covered in this order, other

candidates will be considered on a case

- by

- case basis if a need is demonstrated. Only campaign organizations registered with the Federal Election Commission will be considered.

We will also at this time w aive the requirements of section 212.4 of the Department’s Economic Regulations to the extent necessary to permit U.S. certificated air carriers to operate charters to and/or

from the 20 12 Republican and Democratic National Conventions 3 carrying State Dele gates and alternates, members of state and national Republican and Democratic Committees traveling on official business to the conventions, and their immediate families. Authority will be granted also to permit members of the press to accompany the delega tes on these charters. 4

The national party conventions are unique and noteworthy events in the American political process. The grant of this waiver will facilitate attendance by the delegates at these events and will permit the news media to give the pu blic the broadest range of coverage of the conventions including the personal views of the delegates

. T herefore , we believe that there are special and unusual circumstances warranting waiver of section 212.4 of the Department’s Economic Regulations, and that such a waiver is in the public interest. Authorizations for conventions other than the Democratic and Republican national

conventions will be considered on a case

- by

- case basis and will be authorized if there is a showing of

need.

U.S. commuter carr iers, air taxi operators, and certificated carriers operating small aircraft have not in the past been covered by blanket waivers covering Presidential elections because they are not covered by Part 212 and, it appears, because we have not received request s from such carriers for a waiver from our rules. We recently received an informal inquiry from a small aircraft operator about a similar waiver to permit members of the media to reimburse a campaign organization for their travel. We believe a waiver

cov ering operations by such carriers similar to that granted to certificated carriers would be in the public

interest 5 . Therefore, we will grant waivers from Department Economic Regulations to the campaign organizations and to U.S. commuter carriers, air tax i operators, and certificated carriers operating small

aircraft to the extent necessary to permit them to conduct the operations described above.

This order is issued under authority assigned in 14 CFR 385.12(i).

3 The Republican National Convention will be held on August 27

- 30, 2012 in Tampa, Florida, and the Democratic

National Convention will be held on September 3

- 6, 2012 in Charlotte, NC

. 4 For the purpose of this order, “members of the press” is defined as all persons acting on official business for their organizations and representing all the media and agencies that print, broadcast, or gather and transmit news.

5 In the absence of such a waiver, the charterers would be engaging in indirect air transportation without economic authority.ACCORDINGLY,

1. The Department grants all U.S. certificated carriers a waiver of the provisions of section 212.4 of the Department’s Economic Regulations to the extent that this section would otherwise prevent the operation of charter flights for the campaign organizations de scribed in paragraph 3 below;

2. The Department grants all U.S. commuter carriers, air taxi operators, and certificated carriers operating small aircraft a waiver of the Department’s Economic Regulations to the extent that these regulations

would otherwis e prevent the operation of charter flights for the campaign organizations described in paragraph 3 below;

3 . The Department grants the c ampaign organizations of the 2012 Democratic and Republican

Presidential and Vice Presidential candidates a waiver of Department Economic Regulations, including section 212.4, which would otherwise prohibit them from charging and receiving payment for air transportation provided on a single entity charter to Secret Service and news media personnel , provided,

that the reli ef granted shall apply only to those campaign organizations registered with the Federal Election Commission;

4 . The Department waives the requirements of section 212.4 of the Department’s Economic Regulations to the extent necessary to permit U.S. certifi cated air carriers to operate charters to and/or from the 2012 Republican and Democratic National Conventions carrying State Delegates and alternates, members of state and national Republican and Democratic Committees traveling on official business to the conventions, members of their immediate families, and news media personnel in which the charterer accepts reimbursement from those persons or entities ;

5. The Department waives the requirements of the Department’s Economic Regulations to the extent

necess ary to permit U.S. commuter carriers, air taxi operators, and certificated carriers operating small aircraft to operate charters to and/or from the 2012 Republican and Democratic National Conventions carrying State Delegates and alternates, members of stat e and national Republican and Democratic Committees traveling on official business to the conventions, members of their immediate families, and news media personnel , in which the charterer accepts reimbursement from those persons or entities ;

6. The relie f granted by this order to operate Presidential campaign charters will expire on

November 13 , 20 12 ;

7. This order shall be served on all U.S. certificated carriers; and

8. This order may be amended, modified, or revoked at any time at the discretion of t he Department without hearing.

Persons entitled to petition the Department of Transportation for review of this order under theDepartment’s Regulations, 14 CFR 385.30, must file their petitions within ten days after the date

of service of this order.

Th is order will be effective immediately, and the filing of a petition for review shall not preclude

such effectiveness.

By:

PAUL GRETCH

Director

Office of International Aviation

(SEAL)