[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40098-40099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13630]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket OST-2005-21790]


Soliciting Comments on and Interest in Participating in the 
Essential Air Service Code-Sharing Pilot Program

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: The Essential Air Service (EAS) program was created in 1978, 
as part of the Airline Deregulation Act of 1978, to ensure that small 
and isolated communities continued to receive air service by providing 
federal subsidy when necessary to maintain continuous service. 49 
U.S.C. 41731. Vision 100--Century of Aviation Reauthorization Act, Pub. 
L. 108-176, Title IV, Subtitle A, Section 406, requires the Secretary 
of Transportation to establish a pilot program, under which the 
Secretary may require air carriers receiving EAS subsidy and major 
carriers serving large hub airports to participate in code-share 
arrangements for up to 10 EAS communities. The statutory language reads 
as follows:

SEC. 406. CODE-SHARING PROGRAM.
    (a) In General.--The Secretary of Transportation shall establish 
a pilot program under which the Secretary may require air carriers 
providing air service with compensation under subchapter II of 
chapter 417 of title 49, United States Code, and major carriers (as 
defined in section 41716(a)(2) of such title) serving large hub 
airports (as defined in section 40102 of such title) to participate 
in multiple code-share arrangements consistent with normal industry 
practice whenever and wherever the Secretary determines that such 
multiple code-sharing arrangements would improve air transportation 
services.
    (b) Limitation.--The Secretary may not require air carriers to 
participate in the pilot program under this section for more than 10 
communities receiving service under subchapter II of chapter 417 of 
title 49, United States Code.

    This language appears to contemplate mandatory code-sharing between 
major carriers and carriers receiving EAS subsidy. The Department is 
interested in receiving comments concerning: (a) Interest by air 
carriers in participating in the pilot program, (b) suggestions as to 
how such a pilot program should be structured, and (c) potential 
consequences if the statutory language concerning code-share agreements 
was implemented.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than 60 days after publication of 
this document.

ADDRESSES: You may submit comments (identified by the DOT DMS Docket 
Number) by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading under the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. You 
may review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://dms.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-

[[Page 40099]]

401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis DeVany; U.S. Department of 
Transportation; 400 7th Street, SW., Room 6417; Washington, DC 20590. 
Telephone (202) 366-1053.

    Issued in Washington, DC on July 1, 2005.
Karan Bhatia,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 05-13630 Filed 7-11-05; 8:45 am]
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