[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Notices]
[Page 50489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24770]


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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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