### THE SECRETARY OF TRANSPORTATION WASHINGTON, bC 20590



### The Honorable Juan V arg11s U;S, 

### House. ofRepresentatives Washingtqn, DC 20515

DearCongressman Vargas: July 23, 2014 i

-

. I \ .·



### Thank you for yourletter regarding Essential Air Service (BAS) at El**Centro~** 

### In your letter, you express concerns about the U,S. Department ofTransportation.,.s issuance ofOrder20 14-4-26 on April 24, 2014, which directed interested persons to show cause as to why the Department should not terminate the eligibility ofthe those communities that enplaned fewer than 10 passengers per day.
As 

### youare aware1 

### the FAAModernization and Reform Actof2012 amended 49 U.S.C. § 

### 4173l(a)(l)(B) to change the definition of''eligible**place~'** 

### for the purpose ofreceiving BAS. That statute requires that EAS communities within 175 driving miles ofa large- ormedium-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 ofa large hub, San Diego Intemational Airporti and enplaned fewer than 10 passengers per day, it

### is subjectto the 10-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 l0-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 ifthey are not successful on their waiver application.

I appreciate your providing your perspective on this complex situation. As istrue 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 ofyour letter and rrty 

### response in Docket DOT··:OST-2008:..0299 as a contactoutside the record ofthis case.
1appreCiate your interest in this case.WASHlN!l'rO!I OFFICE 1605 LOIJGW¢!1Tii. HOB W,<1.$HINGTOI', D.C.**~0515** (202} 225-8()45 f ,;x; (2'02) '225-$073**Ci:iut.A~Vfsi'A** OFFice**~** F STREEt;**Sum~**A**Cti~** VJ$TA..GA.S19i0

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

Secretary Anthony Foxx U.S. Department ofTransportation 1200 NewJersey 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 ofTransportation'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 implementthe reforms included inthe "Federal Aviation : 

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

## an h.Y,erage of 

### 1 

### 0passenger enplanements per**servi~e** day 

### inorder to remainin 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 ofsurpassingthe EAS ptograi11

·· ·reqtittemeritsputfortlrbythe govern:rhent. Acc.arding to the Department ofTransportation, the Imperial VaUeyAirp.art dramatically exceeded the enplanement minimum in four ofthelast 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:nentsf6tthe 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 SkyWestUnited mitj1 Aprif2013. Duririg that time, flights were operated.to Los Angeles International Airport (LAX), whjch greatly benefitted passengers .because 

### LAX is one ofthe 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 

### ofdomestic and intema!ional cities. · ·' · ' , • ·

',"''

l ·, 

### '<".

### InMay 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 ofLAX. 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 inplaceto allow passengers to transfer at SAN and BURto 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, inaddition to considering the unique factors impacting the Imperial County community in

### FY2013, I ask thatyouconsider revisiting the way in which enplanements are averaged. Rather than 

### look at a community's average enplanements on an annual basis, 

### 1urge the Department ofTransportation 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 atemporary challenge would continue to be eligible for the BAS program.
As you know, the Essential Air Service was putinto 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 ofmyrequest. Should you have any questions, please feel free to contact my Legislative Director, Janine Pairis at (202) 225-8045.