THE SECRETARY OF TRANSPORTATION 

WASHINGTON, bC 20590 

The Honorable Juan V arg11s 

U ;S, House. of Representatives 

Washingtqn, DC 20515 

Dear Congressman Vargas: 

July 23, 2014 

i -

. I \ .· 

Thank you for your letter regarding Essential Air Service (BAS) at El Centro~ In your letter, you 

express concerns about the U ,S. Department of Transportation .,.s issuance of Order20 14-4-26 on 

April 24, 2014, which directed interested persons to show cause as to why the Department 

should not terminate the eligibility of the those communities that enplaned fewer than 10 

passengers per day. 

As you are aware1 the FAA Modernization and Reform Actof2012 amended 49 U.S.C. 

§ 4173l(a)(l)(B) to change the definition of''eligible place~' for the purpose of receiving BAS. 

That statute requires that EAS communities within 175 driving miles of a large- or medium-hl.lb 

airpbrt.must average at least 1 0 ertplanements per service day during the Fiscal Year (FY) 2013 

(and every fiscal year thereafter) or lose BAS eligibility. 

Tile Department's Order 2014-4-26 tentatively found that because El Centro is located within 

1}5 miles of a large hub, San Diego Intemational Airporti and enplaned fewer than 10 

passengers per day, it is subject to the 1 0-enplanement stattJtocy criterion.. We also found that 

during.FY2013, El Centro generated a total of5,950 passengers (inbound plus outbound), or an 

averageo£9.5 enplanements per day. 

On June 24~ 20 14~ the Department issued Order 2014-6:.6, making final our tentative findings in 

Order 2014-4-26. That Order addressed the waiver provision contained in the statute, which 

allows communities to apply for a waiver from the l 0-enplanement standard,. if the reason the 

community averaged fewer than 1 0 enplanements per day is due to a temporary decline in 

enplanements. Petitions for waivers are. due by July 24. Additionallyt in that Order, we 

described the provision whereby communities may request reinstatement if they are not 

successful on their waiver application. 

I appreciate your providing your perspective on this complex situation. As is true for any 

petition that we receive for a waiver from the 1 0-enplanement standard, I assure you that the 

Department will thoroughly consider all petitions, including relevant factors and supporting 

documentation provided by the community. 
Page2 

The Honorable Juan Vargas 

As is oUr normal practice in such matters, I am placing a copy of your letter and rrty response in 

Docket DOT ··:OST -2008:..0299 as a contact outside the record of this case. 

1 appreCiate your interest in this case. 
WASHlN!l'rO!I OFFICE 

1605 LOIJGW¢!1Tii. HOB 

W,<1.$HINGTOI', D.C. ~0515 

(202} 225-8()45 

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~rutfie rtf ~~prt%ltuia:tfbe$ VARGA$,HOUSE.GOV 

Secretary Anthony Foxx 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590. 

·Dear Secretary F oxx, 

muau Jarl\&ft 

Sbt !:listricl, dfulifn.rni11 

May 13,2014 

COJ\IMtTTEE 0~ FQRE!G~ AFFAIRS 

MtDDJ.S EAsT AND NORTH AFRICA 

TERF\OlliSM, NOOPRO!,JFERAT!ON, ANO TRADE 

COMMI'I't);iE ON AGRIOULTUBE 

GENERIIL fAilM Coi.!Mbom!iS ANO 

RISK MANAGEME~T 

HOR11CULTURE, RESEARCH, BIOTECHNOW$Y 

ANO fOREIGN AGRICULTURE 

CoMMITTEE ON House ADMINISTllATION 

I writy to express my concerns with. the U.S. Department of Transportation's Tentative Order to 

te1111,inat¢the.Essen,tial Air Service (EAS) program in Ei Centro, California located iri the "'· · ·· 

Impe.dalCounty pott,ori ofthe·ststcongressional District, which I represent. I understand the· · 

Department~s orderintends to implement the reforms included in the "Federal Aviation : 

Admini,stiati(}n Modernization and Reform Act," which requires subsidized communities to 

maintain an h.Y,erage of 1 0 passenger enplanements per servi~e day in order to remain in the EAS 

progratiL However, as you draft the final order, I urge you to consider the circumstances that 

contributed to ~perial County Airport'.s unique year in which they were unable to meet the 10 

enplanement averag~ by o.s passengers. :F\irtb.~rinore,~ (ask tt:iat you consider the detrimental 

economic impacts~ that may occur as a result ofterminating the program . 

•... ·t ; 'i ~~''lWl'·~~a}.Cg\lP.ty Airpor,thas a tremendous track rec.ard of surpassing the EAS ptograi11 

·· · reqtittemerits putfortlrby the govern:rhent. Acc.arding to the Department of Transportation, the 

Imperial VaUeyAirp.art dramatically exceeded the enplanement minimum in four of the last five 

yeats. Beginiring in FY 2009 and ending in FY 2012, the airport logged in 16, 17.7, 20, and 20.7 

enplanements, r~sptfctively. Unfortunately, in FY2013, the Imperial Co.unty Airport barely fell 

below the ten enplah!!tnent threshold, by reaching 9.5 enplanei:nentsf6t the first time. ~ ~ 1 ; ' o • ~~ 

During FY 2013, Imperial County residents were forced to adapt to a change in BAS service 

carriers ~d adjust to new routes. The Imperial County Airport was served by SkyWest United 

mitj1 Aprif2013. Duririg that time, flights were operated.to Los Angeles International Airport 

(LAX), whjch greatly benefitted passengers .because LAX is one of the largest airports in the 

Vnited States. Furthermore, United'.s service included interline agreements with a diverse' group 

of airii'nes~which enabled passengers to codriect to a large number of domestic and intema!ional 

cities. · · ' · ' , • · 

',"'' 

l ·, '<". 
In May 2013 the Department selected Seaport Airlines as the new EAS carrier. Their service 

replaced flights to LAX with service to large-hub San Diego International Airport (SAN) and 

Burbank's Bob Hope Airport (BUR), a medium-hub airport north of LAX. Despite the 

acivantage ofhaving access to two airports, this federally mandated service attracted fewer 

passengers; because it is flown on a smaller aircraft, and Seaport did not initially have interline 

agreements in place to allow passengers to transfer at SAN and BUR to other airlines. In 

addition, SAN and BUR offer fewer connecting opportunities than LAX, because fewer airlines 

and routes ate served from SAN and BUR As you might imagine, all these changes were 

contributing factors to a temporary decline in daily enplanements. 

Lastly, in addition to considering the unique factors impacting the Imperial County community 

in FY2013, I ask thatyou consider revisiting the way in which enplanements are averaged. 

Rather than look at a community's average enplanements on an annual basis, 1 urge the 

Department of Transportation to consider the average enplanements over the last three fi!)cal 

years to truly.ga.ugethe community's activity and needs. This more comprehensive approach 

would ensure that communities encountering a temporary challenge would continue to be 

eligible for the BAS program. 

As you know, the Essential Air Service was put into place to guarantee that small communities. 

including those within the Imperial County, continue to be served by certificated air carriers. 

Over tll.e last several years, Imperial County has experienced the highest unemployment rate in 

the nation and I believe that we should work together to encourage economic growth, and 

consider ali factors before terminating a much-needed program in the region. Thank you for 

your time and kind consideration of my request. Should you have any questions, please feel free 

to contact my Legislative Director, Janine Pairis at (202) 225-8045.