PETITION FOR RECONSIDERATION OF ORDER: 2010-12-31 

Essential Air Service at 

PONCE, PUERTO RICO 

In Re: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

. WASHINGTON, D.C. 

.. c 

en 

I.JJ 

MAYAGUEZ, PUERTO RICO 

PONCE, PUERTO RICO 

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DOCKET DOT-OST-2004-19622 

DOCKET DOT-OST-1999-6592 

Under 49 U.S.C. §41731 et seq. 

Richard F. and Pam Taylor 

P.O. Box 288 

Mercedita, PR 00715 

(340) 626-5049 Richard F. Taylor 

(340) 626-5638 Pam Taylor 

rft@viprlaw.com paylawl@hotmail.com 

Filing Individually as Consumers with: 

Documentary Services Division, U.S. Department of Transportation, 1200 New Jersey 

Avenue, SE., Washington, D.C. 20590 

PETITION FOR RECONSIDERATION OF ORDER: 2010-12-31 

Richard F. Taylor and Pam Taylor ("Taylors"), with a mailing address of P.O. Box 288, 

Mercedita, P.R. 00715, owners of property in Ponce, Puerto Rico and property in St. John, U.S. 

Virgin Islands, pursuant to 14 C.F.R. Part 325.4(c), hereby respectfully petition the Department 

of Transportation ("DOT") for reconsideration of the Order issued on December 31, 2010, 

regarding their decision not to seek solicitation of proposals for replacement of Essential Air 

Service ("EAS") between Ponce and San Juan, Puerto Rico, on the basis that JetBlue provides 

subsidy-free service to connect the community to the national air transportation system. 
In support of their Petition the Taylors state the following: 

PERTINENT EAS HISTORY 

In the DOT's December 31,2010 Order, DOT states: 

"For several years, Mayaguez and Ponce have been handled under the 

same contract because the communities are on the same island, receiving 

service provided by the same carrier. However, with respect to this order, 

we are soliciting proposals for service to Mayaguez only. In addition to 

the service provided by Cape Air, Ponce receives subsidy-free jet service 

on a daily basis- on round trip to Orlando and one round trip to New York 

- provided by JetBlue, with 150-seat Airbus A-320 aircraft. That level of 

service far exceeds Ponce's EAS requirements; therefore, consistent with 

program practice, we will not seek proposals for replacement service at 

this time, but, rather, we will rely on JetBlue's subsidy-free service to 

continue connecting the community to the national air transportation 

system ..... " 

In the Civil Aeronautics Board EAS Determination for Aguadilla (EAS-645), Mayaguez 

(EAS-646), and Ponce (EAS-647) issued on October 25, 1979 (CAB 79-10-165) the Board 

found: 

"The questionnaires we received from all three communities indicate that 

the primary destination of interest of all three is the U.S. Mainland. All 

three responses reveal that travelers from the three Puerto Rico cities are 

most interested in single-plane service to New York City, Chicago and 

Miami. However, although we recognize the great demand for service to 

the Mainland, we find that the essential air service needs of each of the 

three communities at issue here are satisfied by guaranteeing service to 

San Juan. While a high percentage of local traffic connects at San Juan 

to Mainland flights, we do not find that it is necessary to guarantee 

access to a Mainland hub in order to satisfY the communities' essential 

air service needs. These travel markets are an important element of our 

analysis and the combined effect of the service we will assure as 

essential, and other services offered without our imposing any 

requirements, should other services continue to satisfY the overall 

demand of the subject communities. [Emphasis Added] Section 419(f) 

of the Act defines essential air transportation as "scheduled air 

transportation of persons to a point .... which satisfies the needs of the 

community concerned for air transportation to one or more 

communities of interest and insures access to the Nation's air 

transportation system ... " We find, for each of the communities 

concerned, that San Juan is a point which provides reasonable 

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noncircuitous access to the cities' main communities of interest and to 

the Nation's air transportation system. Moreover, service to San Juan is 

convenient from all three communities, and satisfies their local O&D 

traffic needs as well. " {Emphasis Added] 

The Order further states: 

"The amount of traffic generated at Ponce justifies our guarantee of the 

maximum number of available seats allowed under our guidelines. We 

will guarantee160 seats in both directions; i.e., 80 seats in each direction. 

We will require that a minimum of two daily round trips be offered to San 

Juan at convenient times, that 80 seats are offered in each direction, and 

that the service be operated on a nonstop basis. " [Emphasis Added} 

Additionally, the Civil Aeronautics Board, under Ponce (EAS-647; Docket 42546), 

issued an Order on October 4, 1984 (CAB 84-10-15), amending its EAS Determination under 

Section 419 of the Federal Aviation Act of 1958, as amended (and show cause the selection of a 

carrier to provide essential air service and the setting of a subsidy rate) stating: 

"We will continue to designate San Juan as the essential air service hub 

for the community and, given the level of traffic and the distance in the 

market, to require at least two daily nonstop round trips. Service to San 

Juan will afford Ponce travelers access to their primary community of 

interest and to the national air transportation system in view of the service 

to the mainland available at the hub. " [Emphasis Added} 

Again, the DOT, under Ponce (EAS-647; Docket 42546), issued an Order on March 27, 

1985 (DOT 85-3-76), affirming the decision set forth in CAB Order 84-10-15 to amend the EAS 

determination for Ponce, Puerto Rico, to require a minimum of two daily nonstop round trips to 

San Juan providing capacity for 25 passengers inbound and outbound each day. [Emphasis 

Added} 

It is clear, in the Orders issued by both CAB and DOT that in determining San Juan as 

the designated hub, EAS was providing scheduled air transportation of persons to a 

point.. .. which satisfies the needs of the community concerned for air transportation to one or 

more communities of interest and insures access to the Nation's air transportation system. 

Considering Ponce's unique community-ties (commercial, geographical, and political) to 

its capital, San Juan, CAB and DOT guaranteed EAS to San Juan which not only satisfied its 

need for access to the national air transportation system, but also provided access to the cities' 

main communities and at the same time satisfied the community's local O&D traffic needs as 

well. 

Title 49 U.S.C.S. §41733 - Level of basic essential air service, - paragraph (a) provides: 

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"Decisions Made Before October 1, 1988. - For each eligible place for 

which a decision was made before October 1, 1988, under section 419 of 

the Federal Aviation Act of 1958, establishing the level of essential air 

transportation, the level of basic essential air service for that place shall be 

the level established by the Secretary of Transportation for that place by 

not later than December 29, 1988." 

Since the initial EAS determination for Ponce was made on October 25, 1979, Title 49 

U.S.C.S. § 41733(a) is applicable. 

Additionally, Title 49 U.S.C.S. §41733( e) provides: 

"Review. - The Secretary shall review periodically the level of basic 

essential air service for each eligible place. Based on the review and 

consultations with an interested community and the appropriate State 

authority of the State in which the community is located, the Secretary 

may make appropriate adjustments in the level of service, to the extent 

such adjustments are to a level not less than the basic essential air 

service level established under subsection (aJ for the airport that serves 

the community. " [Emphasis Added) 

Since the October 25, 1979, October 4, 1984, and March 27, 1985 Orders issued in 

connection with Ponce's EAS designate San Juan as the EAS hub for the community, the 

Secretary cannot adjust Ponce's vested and grandfathered interest in having San Juan as its EAS 

designated hub, to a level less than the basic EAS level established by CAB and/or DOT 

decisions prior to October 1, 1988, without Ponce's express consent. Considering Ponce's 

unique community-ties (commercial, geographical, and political) to its capital, San Juan, the 

substitution of Orlando and New York as Ponce's EAS designated service hubs works an 

impermissible reduction and adjustment in the established basic EAS level. 

Regarding choice of hubs, the regulations are instructive and quoted in part: 

14 C.F.R. §398.2 (2)(c) Which hub? 

(1) In designating hubs, the Department will weigh all of the following factors: 

(i) The extent to which candidate hubs provide access to the national air 

transportation system; (ii) The commercial, geographic, and political ties of 

candidate hubs to the eligible place; (iii) The traffic levels to candidate hubs, as 

shown by traffic studies and origin and designation data; (iv) The distance of 

candidate hubs from the eligible place; and (v) The size of candidate hubs. Large 

size will be a positive factor, but principally as substantiating the access and 

community-ties factors. 

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14 C.F.R. § 398.3 Specific ailports. 

(a) At an eligible place, essential air service may be specified as service to a 

particular airport. 

Luis Munoz Airport in Carolina (San Juan) has been specified as the ESA hub for Ponce 

(an eligible place) and this designation is binding and proper. The Orlando, Florida hub is 1,180 

miles from Ponce. The New York City (JFK) hub is 1,617 miles from Ponce. San Juan, which 

is designated a medium hub airport, is approximately 72 miles from Ponce and is the capital, 

commercial and tourism center of Puerto Rico. 

level: 

Interestingly, 14 C.F.R. 398.2(3) provides for the possibility of a two hub EAS service 

"In some cases, the Department may require service to two hubs, of which 

at least one will be a large or medium hub. The Department will require 

service to two hubs if an eligible place has close commercial, geographic, 

and political ties to both hubs and if there is sufficient traffic from the 

eligible place to support two round trips a day to both hubs. If traffic is 

not sufficient, the Department may require one round trip a day to both 

hubs if the community requests such service." [Emphasis Added} 

In the initial CAB Order determining EAS for Ponce, and in subsequent Orders issued by 

CAB and DOT, the basic essential air service level established was designated as two round-trip 

non-stop flights to San Juan Airport. 

Although JetBlue provides non-stop daily round trip service to Orlando and New York, it 

does not provide service to San Juan, which forces the communities served by the Mercedita 

Airport to use surface transportation from Ponce to San Juan, thereby reducing the level of, and 

adversely affecting, traffic at the Mercedita Airport, thus rendering the Mercedita Airport 

underutilized. 

Additionally, JetBlue's flight schedule, i.e. 4:25AM to Orlando, and 6:01AM to NYC 

(JFK), is, because of its very early morning departure times, very inconvenient, and sometimes 

impossible for certain people with night vision and the elderly. Should a person need to get to 

San Juan, for business, medical, or other reasons, and is unable, for whatever reason, to drive or 

ride, the following air flight scenario is an example of what would be available and the cost, 

without the EAS to San Juan: 

JetBlue flight departing Ponce at 4:25AM, arriving in Orlando at 6:27AM, approximately 

a 2.5 hour flight at the cost of$179.00; 

Delta flight (only available quick connecting flight back to San Juan) departing Orlando 

at 7:30AM, arriving San Juan (via a connection in Atlanta, GA) at 3:25PM, approximately a 7 

hour flight at the cost of $254.30. 

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This is a total flight time of approximately 9.5 hours, at a cost of $433.00 (before taxes 

and fees)! 

Compare the above flight times and costs to air service currently provided by Cape Air 

between Ponce/San Juan at the cost of $56.50 ($50.30 with commuter tickets), with in-flight time 

at approximately 30 minutes, and the choice to fly either at 7:30AM, 9:55AM, 12:35PM, or 

3:55PM. 

As owners of property in Ponce, Puerto Rico and St. John, US Virgin Islands, we have in 

the past occasionally used, and more recently began to regularly (weekly) utilize the Ponce/San 

Juan/St. Thomas flight. Without this most convenient transportation between the islands we 

would be forced to drive the grueling, stressful drive to the San Juan Airport, fighting traffic, and 

paying tolls and the extravagant cost of parking ($23/first night, $12 for each night after the 

first), or in the alternative use the JetBlue flight scenario above, increasing our time spent and 

cost of traveling to the nearby island of St. Thomas (68 miles). 

In addition to the cost and inconvenience of the loss of the Ponce/San Juan connection, 

we feel the loss of this connection is detrimental not only Ponce, but the communities of the 

Region del Sur for several reasons, including, but not limited to the following: 

• Loss of tourism 

• Loss of economic growth 

• Loss of convenient air access to specialized medical facilities 

• Loss convenient access to inter and down-island air travel connections 

• Loss of the only source of "public" transportation between Ponce and San 

Juan 

• Restriction of direct, non-stop flights to US Mainland only (ie Orlando and 

NYC); no-inter island connection 

• Loss of choice or selection of airlines (monopoly?) 

• Loss of convenient connection to commercial, geographical, and political 

community-ties to its capital city, San Juan 

From San Juan, after a 25 minute flight from Mercedita (leaving/arriving at reasonable 

hours), residents of and visitors to Ponce and southern Puerto Rico may conveniently do business 

in the capital and return or connect to multiple locations throughout the continental United 

States, destinations in the Caribbean basin, Central-South America and Europe. 

The original CAB decision setting the level of service was rendered under Section 419 of 

the Federal Aviation Act as then in effect. This decision remains in effect in setting the level of 

service, inclusive of the designation of San Juan as the service hub. Ponce is entitled to all the 

benefits of that decision and the Secretary may not alter this designation by removing San Juan 

as the relevant service hub without violating the provisions of 49 U.S.C.S. §41733(a) and 49 

U.S.C.S. §41733(e). The hubs of Orlando and New York are at least five times as distant from 

Ponce as the average EAS eligible place to its respective LIM hub. 

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In light of the foregoing, the relevant route to consider when assessing EAS service needs 

for Ponce and southern Puerto Rico generally is Mercedita-San Juan and fact that unsubsidized 

service may also provided to remote mainland hubs is not material to a DOT EAS decision to 

solicit, or in this case not solicit, EAS proposals. 

Wherefore, petitioners respectfully request that Order# 2010-12-31, insofar as it fails to 

request proposals for Ponce, be withdrawn and, after a period of public comment, a new order 

Requesting Proposals for Ponce be issued by the Department. 

Dated at Ponce, Puerto Rico this 10th day of February, 2011. 

s/Pam Taylor 

Pam Taylor 

s/Richard F. Taylor 

Richard F. Taylor 

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