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Right time. - Regional Airline Association

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ESSENTIAL AIR SERVICE<br />

120<br />

Essential Air Service<br />

By Faye Malarkey, RAA Vice President–Legislative Affairs<br />

A key component of the <strong>Airline</strong> Deregulation<br />

Act of 1978 was the guarantee of<br />

essential air service (EAS) to small and<br />

medium size communities. The original<br />

essential air service program provided for a<br />

continuation of air transportation for 10 years<br />

to all cities certificated on the date of the<br />

Act's enactment into law, October 24, 1978.<br />

The Essential Air Service program was<br />

modified and extended by the Airport and<br />

Airway Safety and Capacity Expansion Act<br />

of 1987 and enacted into law December<br />

30, 1987. The modified EAS program,<br />

effective October 1, 1988 through<br />

September 30, 1998, permitted new or<br />

enhanced service for many cities but<br />

required communities to be located 45<br />

miles or more from the nearest hub airport<br />

in order to receive service. <strong>Airline</strong> service<br />

would have to be provided two <strong>time</strong>s per<br />

day and six days per week, with aircraft<br />

with an effective capacity of 15 passengers<br />

or more except in cases where passenger<br />

traffic has continually been less than 11<br />

persons per flight or in cases where the<br />

community agrees to the use of smaller<br />

aircraft. All aircraft must be twin engine,<br />

two-pilot equipment, and must be pressurized<br />

if the flight regularly exceeds 8,000<br />

feet. Additionally, compensation rules for<br />

carriers providing subsidized essential air<br />

service were modified.<br />

On June 30, 1989, Public Law 101-45,<br />

the Dire Emergency Supplemental Appropriations<br />

Act of 1989, was enacted. This<br />

statute provided that, after September 30,<br />

1989, no subsidy paid for any service to or<br />

from any EAS air service point in the<br />

contiguous United States could exceed<br />

$300 per passenger.<br />

On December 19, 1989, the Department<br />

of Transportation further modified<br />

the EAS program, establishing more strin-<br />

RAA 2006 Annual Report<br />

gent eligibility criteria effective January 1,<br />

1990, which prohibited qualified communities<br />

from requiring a per-passenger subsidy<br />

exceeding $200. The statute further<br />

changed eligibility criteria for communities,<br />

requiring EAS points to be located 70<br />

highway miles or more from the nearest<br />

medium or large hub airport, 55 highway<br />

miles or more from the nearest small hub<br />

airport, or 45 highway miles or more from<br />

the nearest non-hub airport with 100 or<br />

more passenger enplanements per day. The<br />

statute made exceptions for certain state<br />

capitals as well as EAS points in Alaska,<br />

Hawaii and the Pacific.<br />

The Airport Safety and Capacity<br />

Expansion Act of 1990, enacted on<br />

November 5, 1990, contained several<br />

provisions related to the Essential Air<br />

Service program. The statute authorized<br />

the Department of Transportation to fund<br />

subsidized EAS service at $38.6 million for<br />

each fiscal year from 1992-1998, with<br />

funding authorized from the Airport and<br />

Airway Trust Fund. The statute additionally<br />

prohibited the Department of Transportation<br />

from declaring any existing EAS point<br />

ineligible for federal subsidy based on perpassenger<br />

subsidy amounts.<br />

The Department of Transportation<br />

Appropriations Act for fiscal year 1992<br />

(Public Law 102-143, enacted on October<br />

28, 1992) modified the Essential Air Service<br />

Program further, providing that payments<br />

to air carriers be funded from the Airport<br />

and Airway Trust Fund. This law also<br />

prohibited the Department of Transportation<br />

from authorizing EAS payments for<br />

service to communities that had not<br />

received service during fiscal year 1991 in<br />

cases where the community is located no<br />

more than 200 miles from a hub airport,<br />

unless the community provides the<br />

required matching funds. The statute also<br />

prohibited DOT from increasing service<br />

levels to existing EAS points unless the<br />

Secretary certifies in writing that the<br />

increased service level will result in selfsufficiency<br />

within three years of initiation<br />

of the increased level of service.<br />

Additional changes have been recently<br />

proposed for the EAS program. In 1994,<br />

Vice President Gore's National Performance<br />

Review recommended reduced EAS<br />

funding and more stringent criteria for<br />

service. In response to this report, the FY<br />

1995 Department of Transportation<br />

budget, submitted to Congress, included a<br />

proposed reduction in EAS funding of $7.8<br />

million. Additionally, a provision was<br />

proposed to prohibit communities located<br />

more than 70 miles from a small hub<br />

airport from receiving EAS funding.<br />

Congress did not, however, enact the<br />

proposed changes to the EAS program at<br />

that <strong>time</strong>.<br />

The DOT Fiscal Year 1997 Appropriations<br />

Act, signed into law by President<br />

Clinton on September 30, 1996, included<br />

language expressing Congress’ desire that<br />

the Department enable increased access to<br />

Chicago O’Hare Airport for small and<br />

medium-sized communities. The conference<br />

report directed DOT to “make the<br />

fullest possible use of existing exemption<br />

powers, for example by combining essential<br />

air service slots with the pool of slots at<br />

O’Hare Airport for military operations in a<br />

way that would increase the Department’s<br />

flexibility with regard to the <strong>time</strong> of day<br />

assigned to Essential Air Service slots. The

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