Qi:ongre.6,6 of tlpelllnihb ~tate.6 

lIiuslJingtnn, lor 20515 

The Honorable Ray laHood 

Secn:tary 

Department of Transportation 

1200 New Jer.;ey Ave, SE 

Washington, DC 20590 

Dear Secretary laHood: 

Janwuy 22, 2010 

SIO·IOOlc5·005 

As the Department of Transportation wads to produce new rules on pilot flight, duty, and rest 

limitations, we are writing to express our concerns that a broad, one size fits all approach would 

severely limit the ability of cOlIU1lercial airlines to provide national security, humanitarian relief 

and other important governmentaJ missions. We urge the Department to include a common sense 

approach for nonscheduled carrier.; in any proposed rule in this area so that these important 

fimctions will not he jeopardized. 

We share your commitment to new rules that reflect today's aircraft operational abilities. 

However, we believe that the new rules should also account for the operational differences 

between-hub and spoke domestic operations and nonscheduled and other long-haul operations. 

As you know, nonscheduled or charter operations include domestic and international passenger 

and all-cargo operations that fin the void for those siruations that the regularly scheduled 

passenger operators cannot provide. The'se carriers "provide important commercial business 

openitions~ often to locations not otherwise served by U.S. scheduled airlines. 

In addition, nonscheduled operators provide vital air mobility for national security. providing 

critical air transportation of military personnel and cargo. In testimony before the House 

Aviation SuheOlnmittee, USTRANSCOM Commander General DUnCIDI'McNabb testified that 

the current commitment of Civil Reserve Air Fleet (CRAF) air carriers provides 40.6 million 

ton-miles/day in bulk cargo capacity and nearly 200 million passenger miles/day. 

USTRANSCOM typically plans for CRAF carriers to move about 40 percent of the military 

cargo and 90 ~t of the passengm dnring both peacetime and war. The vast majority of 

these CRAF mi~ions are performed by nonSchCduled passenger"and"eargo airlines. In so doing. 

ttley must at all times meet their DOT and FAA regulations and operating specifications. 

Nonscheduled airlines also provide valuable support in humanitarian relief operations. both 

nationally and gJobally. These flights are performed both hefon: and after natural disasters such 

as evacuations before hurricanes, earthquakes, tsunamis. and floods. Flights into an area both 

before and after such disasters arc usually perfonned when scheduled operations have been 

terminated. Operating into an area with significant disruptions at airports has unique and 

unexpected support challenges and requires flexibility both with airport support facilities and air 

carrier operations. 

It is well known that nonscheduled carriers also provide critical access to air transportation in a 

number of other important areas, from prisoner transports to domestic and international flights 

with significant national security implications. The Department should avoid an inflexible 

approach that may serve to adversely affect physical or national security. 

PlUNTEO ON RfCVCU D ~AI"fR 
Secretary LaHoood 

Re: Nonscheduled air carriers 

January 22, 20 I 0 

Page 2 of2 

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If the Department were to propose rules that required all commercial air carriers to meet the 

same flight and duty limitations, these very critical missions could not be carried out in a timely 

and responsive manner. It is important that the Department consider these types of operations 

and provide real and meaningful rules that provide a similar level of safety within the Part 121 

cOITlrmmity. Such rules should also provide realistic scheduling opportunities for these 

nonscheduled carriers perfomting the critical missions described above. 

We appreciate your consideration of our views as you prepare these new rules. We look forward 

to working with you to ensure that we continue to have a safe and reliable air transportation 

system. 

Sincerely, 

Howard Coble 

M~ml>er of Congress Member of Congress 

Member of Congress 

- Sullivan 

eml>er of Congress