[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5666-S5667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself and Mr. Santorum):
  S. 975. A bill to revise eligibility requirements applicable to 
essential air service subsidies; to the Committee on Commerce, Science, 
and Transportation.
  Mr. SPECTER. Mr. President, I have sought recognition today to 
introduce legislation designed to improve the Department of 
Transportation's Essential Air Services program and reinstate 
Lancaster, PA's eligibility to receive subsidized air service.
  The Essential Air Services program provides operating subsidies to 
airlines, enabling them to serve smaller markets which would otherwise 
be unable to attract or retain commercial flights. To be eligible to 
receive such a subsidy, the community where the airport is located must 
be greater than 70 miles from the nearest large or medium hub airport. 
If the airport is located within 70 miles of a hub airport, the 
Secretary of Transportation may use his or her discretion to award a 
subsidy if the most commonly used highway route between both places is 
greater than 70 miles. It is up to the Department of Transportation to 
determine what route is used in making this mileage determination.

[[Page S5667]]

  Residents and businesses in many rural and smaller communities 
throughout the United States rely heavily upon air service to provide a 
necessary link to larger cities. Lancaster, PA is one such community 
which had been designated as an Essential Air Services city since the 
Airline Deregulation Act of 1978. Up until the events of September 11, 
when the Airport faced a sharp decline in passenger revenue, Lancaster 
had never required a subsidy under this program.
  When Lancaster ultimately found it necessary to seek a subsidy for 
its three daily flights to Pittsburgh, the Department of Transportation 
issued an Order to Show Cause on March 8, 2002, stating that Lancaster 
was not eligible for an Essential Air Services subsidy because it was 
located within 70 miles of Philadelphia International Airport. The 
Secretary of Transportation declined to use his discretion to award the 
subsidy because the Department identified a driving route of less than 
70 miles between Lancaster City and Philadelphia Airport. While there 
is no question that such a route exists, it is by no means the most 
commonly used highway route as required by law.
  The route selected by the Department of Transportation is one which 
the average person would never travel, via back roads and seldom used 
streets. In making its distance determination, the Department used a 66 
mile route along Route 30 which would take over three hours to drive. 
The more commonly used highway route to the Philadelphia International 
Airport would be along US 222 to the Pennsylvania Turnpike, and then on 
to I-76, which is over 70 miles.
  The legislation I am introducing today addresses this issue by 
designating an area's local metropolitan planning organization, rather 
than the Department of Transportation, as the organization responsible 
for determining the most commonly used highway route. If no such 
organization exists, the Governor of the State in which the airport is 
located, or the Governor's designee will make the determination. I 
believe that a local entity, not the Department of Transportation, is 
better suited to identify the route most travelers would drive. In such 
cases where that route exceeds 70 miles, the Department should be 
required to designate a community as eligible to receive subsidized air 
service.
  My legislation will not place too great a burden upon the Essential 
Air Services program by allowing additional airports to participate. I 
am advised that there are only eight other communities, including 
Lancaster, which could become newly eligible to receive subsidized air 
service as a result of the changes I am proposing. Further, I would 
note that of the $113 million the program received in Fiscal Year 2002, 
there was an excess of $10.9 million which remained unspent and which 
carried over into Fiscal Year 2003.
  Lancaster Airport's only commercial air carrier, Colgan Air, ceased 
operations on March 23, 2003, because it could not sustain service 
without a subsidy. The loss of commercial air service has already had a 
serious impact upon the Lancaster community. I am confident that my 
legislation will not only reinstate Lancaster's eligibility for 
subsidized air service and allow for the return of commercial air 
service, but it will also provide for a greater level of fairness for 
other communities which rely so heavily upon this important program.
                                 ______