Reports on Significant Airline Service Reductions

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Order 2001-9-20, Docket OST-2001-10711]

Reports on Significant Airline Service Reductions

Served: October 2, 2001.

Issued by the Department of Transportation on the 27th Day of

September, 2001.

Order

The tragic events of September 11 and the resulting traffic

declines have caused airlines to reduce or end service in a number of

markets. We have the preexisting responsibility to administer the small

community service program created by 49 U.S.C. 41731 et seq. In

addition, we have an overall responsibility to monitor industry

conditions, advise Congress on industry developments, and implement

Congressional legislation, including the Air Transportation Safety and

System Stabilization Act, Pub.L. 107-42.

In view of our responsibilities, we need to obtain advance

information from the airlines on plans to substantially reduce or end a

community's domestic scheduled passenger service. We will therefore

require that all carriers, both certificated carriers and commuter

carriers, give us fifteen days notice before any of the following: (1)

A termination of all scheduled service by a U.S. airline at a U.S.

community, (2) a termination of the last nonstop service in a domestic

market, or (3) a reduction of service at a U.S. community if the total

available seats or flights linking that community with FAA-designated

hubs will be reduced by 33 percent or more during a 90-day period. The

90-day period will consist of the ninety days preceding the date when

the airline will implement the schedule change and will require the

airline to take account of changes already made or announced by other

airlines that may trigger the notice requirement. We are also requiring

airlines to give us notice of any such changes that have been announced

or implemented since September 11.

We are adopting this order under 49 U.S.C. 41708 (formerly section

407(a) of the Federal Aviation Act, 49 U.S.C. 1377(a)). That section

gives us the authority, among other things, to require information on

conditions that may indicate a need for future action under the

essential air service program. Delta Air Lines v. CAB, 674 F.2d 1 (D.C.

Cir. 1982). We are establishing this reporting requirement only as a

result of the current temporary emergency, and it will now terminate as

of December 31, 2001. We may extend the requirement, however, if that

appears necessary.

The notices shall be filed in this docket and identify the name of

the airline, the community or market affected by the reduction or

termination of service, the amount by which capacity or frequency will

be reduced, and the date on which the reduction or termination will

occur.

We have complied with the requirements of the Paperwork Reduction

Act, 44 U.S.C. Chapter 35, for this information directive.

Accordingly, pursuant to 49 U.S.C. 40113 and 41708, the Department

finds it necessary to compel the submission of certain reports and to

take action, as follows:

1. Each airline providing scheduled passenger service under

certificate authority granted under 49 U.S.C. 41102 or as a commuter

air carrier under exemption authority issued under 14 CFR part 298

shall give the Department fifteen days advance notice of any of the

following: (1) A termination of all scheduled service by that airline

at a U.S. community, (2) a termination of the last nonstop service in a

domestic market, or (3) a reduction of service at a U.S. community if

the total available seats or flights linking that community with FAA-

designated hubs will be reduced by 33 percent or more during a 90-day

period; provided that each air carrier subject to this order shall

provide notice as soon as possible of any such changes scheduled to

take effect before the fifteenth day after the issuance of this order;

2. The notice requirement imposed by this order shall terminate on

December 31, 2001.

Read Van De Water,

Assistant Secretary for Aviation and International Affairs.

[FR Doc. 01-24770 Filed 10-2-01; 8:45 am]

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