Essential Air Service Proposed Enforcement Policy, 24632-24634 [2014-09830]

Download as PDF 24632 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules requested that the FAA extend the comment period for Notice No. 14–02 for 120 days. By letters dated April 8, 2014 and April 9, 2014, respectively, IATA and Lufthansa also requested a 120-day extension of the comment period. The petitioners requested the extension to secure additional time for commenters to assess the impact of the ANPRM and prepare comments. While the FAA concurs with the petitioners’ requests for an extension of the comment period, it does not support a 120-day extension. The FAA finds that providing an additional 60 days is sufficient for these petitioners and other commenters to analyze the ANPRM and provide meaningful comments. Absent unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking. Extension of Comment Period In accordance with § 11.47(c) of title 14, Code of Federal Regulations, the FAA has reviewed the petitions made by A4A, IATA, and Lufthansa for extension of the comment period to Notice No. 14–02. These petitioners have shown a substantive interest in the ANPRM and good cause for the extension. The FAA has determined that extension of the comment period is consistent with the public interest, and that good cause exists for taking this action. Accordingly, the comment period for Notice No. 14–02 is extended until July 17, 2014. Additional Information mstockstill on DSK4VPTVN1PROD with PROPOSALS A. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The most helpful comments reference a specific portion of the ANPRM, explain the reason for any recommendations, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this ANPRM. Before acting on this ANPRM, the FAA will consider all comments it receives on or before the extended closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. VerDate Mar<15>2010 17:07 Apr 30, 2014 Jkt 232001 Proprietary or Confidential Business Information: Do not file proprietary or confidential business information in the docket. Such information must be sent or delivered directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document and marked as proprietary or confidential. If submitting information on a disk or CD ROM, mark the outside of the disk or CD ROM, and identify electronically within the disk or CD ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), if the FAA is aware of proprietary information filed with a comment, the agency does not place it in the docket. It is held in a separate file to which the public does not have access, and the FAA places a note in the docket that it has received it. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. 552). The FAA processes such a request under Department of Transportation procedures found in 49 CFR part 7. B. Availability of Rulemaking Documents An electronic copy of rulemaking documents may be obtained from the Internet by— 1. Searching the Federal eRulemaking Portal (https://www.regulations.gov); 2. Visiting the FAA’s Regulations and Policies Web page at https:// www.faa.gov/regulations_policies or 3. Accessing the Government Printing Office’s Web page at https:// www.gpo.gov/fdsys/. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–9680. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing the ANPRM, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above. Issued at Washington, DC, under the authority set forth in 49 U.S.C. 44733 on April 28, 2014. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2014–09969 Filed 4–30–14; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION 14 CFR Part 398 [Docket No.: DOT–OST–2014–0061] Essential Air Service Proposed Enforcement Policy Office of Aviation Analysis (X50), Department of Transportation (DOT). ACTION: Notice of Proposed Enforcement Policy. AGENCY: This proposed notice of enforcement policy announces how the Department of Transportation (DOT) intends, going forward, to enforce compliance with the requirements of the Department of Transportation and Related Agencies Appropriations Act, 2000, which prohibits the Department from subsidizing Essential Air Service (EAS) to communities located within the 48 contiguous States receiving per passenger subsidy amounts exceeding $200, unless the communities are located more than 210 miles from the nearest large or medium hub airport. As proposed, all communities receiving subsidies under the EAS Program would have until September 30, 2015, based on data from October 1, 2014, through September 30, 2015, to ensure compliance with the $200 subsidy cap or face termination of subsidy eligibility. After September 30, 2015, the Department would continue enforcement of the $200 subsidy cap on an annual basis based on data compiled at the end of every fiscal year. Consistent with established procedures, DOT will issue each potentially impacted community a show cause order regarding termination of eligibility and provide each such community with a fair and reasonable opportunity to demonstrate compliance with the $200 subsidy cap prior to a final decision by DOT. In addition, any community that is deemed ineligible under the $200 subsidy cap provision may petition the Secretary for a waiver. After receiving a community’s petition for a waiver, the Secretary may waive the subsidy cap for a limited period of time, on a case-bycase basis, and subject to availability of funds. To provide the Department with sufficient time to evaluate the FY 2015 data for potentially affected communities, DOT does not intend to begin the Show Cause Order process until January 2016. DATES: Send comments on or before June 30, 2014. Late-filed comments will be considered to the extent practicable. ADDRESSES: Send comments identified by docket number DOT–OST–2014– SUMMARY: E:\FR\FM\01MYP1.SGM 01MYP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules 0061 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its decisionmaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. DOT will read and respond to all substantive comments. If you are filing comments on behalf of an organization or group of individuals, we encourage you to include the name of your group or organization. However, anonymous comments will be considered if they are timely filed. Including your name/group along with your comment is completely optional. Docket: Comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Kevin Schlemmer, Chief, Essential Air Service and Domestic Analysis Division, Office of Aviation Analysis, Department of Transportation, 1200 New Jersey Avenue SE, Room W86–309, Washington, DC 20590; telephone: (202) 366–3176; Kevin.Schlemmer@dot.gov. For legal questions concerning this action, contact Claire McKenna, Attorney, Office of the General Counsel, Department of Transportation, 1200 New Jersey Avenue SE., Room 96–309; telephone: (202) 366–0365; email: Claire.McKenna@dot.gov. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:07 Apr 30, 2014 Jkt 232001 Background The Airline Deregulation Act, passed in 1978, gave airlines almost total freedom to determine which markets to serve domestically and what fares to charge for that service. The United States Congress (Congress) established the EAS program to guarantee that small communities that were served by certificated air carriers before deregulation maintain at least a minimal level of scheduled air service. Since its inception, the EAS program has provided a vital link for eligible small communities to the National Airspace System (NAS). Indeed, this program ensures that small communities across America can tap into the economic and quality of life benefits that scheduled air services offer. Over the years, Congress has made a number of statutory changes to the program (most recently in 2011 and 2012), but the fundamental purpose of the program remains unchanged. Given the socio-economic importance of this program, DOT remains committed to preserving the EAS program for eligible communities and ensuring the sustainability of the program for the future. This proposed enforcement policy concerns the statutory mandate that prohibits DOT from providing EAS funds to any community in the 48 contiguous states that requires a perpassenger-subsidy in excess of $200 unless the community is located more than 210 miles from the nearest large or medium airport. Congress first imposed a $200 subsidy per passenger cap for communities in the 48 contiguous States in FY 1990 appropriations language. Such language was repeated in several later appropriations acts, throughout the 1990s, and was made permanent by the Department of Transportation and Related Agencies Appropriations Act, 2000, Public Law 106–69, 113 Stat. 986 (Oct. 9, 1999). Specifically, the Act provided that: Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport. The Department always has expected communities less than 210 miles from the nearest large or medium hub airport to work together with air carriers providing EAS to keep the subsidy per passenger below the $200 cap or risk termination of eligibility from the EAS Program. DOT also has routinely PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 24633 provided notice of this statutory mandate to communities that were or appeared to be at risk of exceeding the cap, and a number of EAS communities have lost their eligibility as a result of the cap. Although the $200 subsidy cap is a longstanding statutory provision, in 2012, Congress added a provision that allows the Secretary to grant waivers in limited circumstances. To effectuate that new provision and to ensure the fair and consistent treatment of all EAS communities subject to the $200 subsidy cap prospectively, DOT is issuing this proposed enforcement policy. Specifically, the Department is considering a policy that will defer future enforcement of the $200 subsidy cap until January 2016. The proposed policy, if finalized, would set September 30, 2015, as the date by which any EAS community with a per passenger subsidy exceeding or approaching the $200 subsidy cap must ensure compliance with the cap. Under the proposed policy, DOT would determine each community’s subsidy per passenger cap based on data compiled from October 1, 2014, through September 30, 2015. Consistent with past practice and our obligations under 49 U.S.C. 41733(f)(2), DOT would continue to encourage potentially affected communities to work with air carriers providing subsidized EAS to maximize use of the service awarded under their respective carrier-selection orders to avoid exceeding the $200 subsidy cap. If after September 30, 2015, a particular community’s subsidy per passenger remains above $200 and its location is less than 210 miles from the nearest large or medium hub airport, the Department would initiate proceedings, consistent with 49 U.S.C. 41733(f) and Public Law 112–97 (Feb. 14, 2012), Section 426(e), directing interested persons to show cause why the Department should not terminate the eligibility of the community in question under the EAS Program. This process will provide each potentially affected community with a fair and reasonable opportunity to demonstrate compliance with the $200 subsidy cap prior to a final decision by DOT. To provide the Department with sufficient time to receive and evaluate the FY 2015 data for potentially affected communities, DOT does not intend to begin the show cause process until January 2016. After September 30, 2015, the Department would continue enforcement of the $200 subsidy cap on an annual basis based on data compiled at the end of every fiscal year and submitted to DOT after the close of the E:\FR\FM\01MYP1.SGM 01MYP1 24634 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules most recent fiscal year. Regardless of whether this proposed enforcement policy is adopted in any form, the EAS program contains certain statutory protections that an adversely impacted EAS community may invoke. First, in the event that DOT determines that a community is ineligible because it exceeds the $200 subsidy cap provision in a given fiscal year, the community may petition the Secretary of DOT for a waiver pursuant to Pubic Law 112–97, Sec. 426(e) (c) (Feb. 14, 2012). Under this provision, ‘‘[s]ubject to the availability of funds, the Secretary may waive, on a case-by-case basis, the subsidy-per-passenger cap.’’ The law further provides: ‘‘A waiver . . . shall remain in effect for a limited period of time, as determined by the Secretary.’’ Second, a community that is deemed ineligible based on the $200 subsidy cap and removed from the program may petition the Secretary for reinstatement into the program in a subsequent year if the community can demonstrate that it will be able to comply with the $200 subsidy cap on an annual basis going forward. The Department seeks comments from all interested parties regarding this proposed enforcement policy. Issued in Washington, DC, on April 23, 2014. Brandon M. Belford, Deputy Assistant Secretary for Aviation and International Affairs. [FR Doc. 2014–09830 Filed 4–30–14; 8:45 am] BILLING CODE 4910–9X–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA–2006–0140] RIN 0960–AF35 Revised Medical Criteria for Evaluating Neurological Disorders; Reopening of the Comment Period Social Security Administration. Proposed rule; reopening of the comment period. AGENCY: ACTION: On February 25, 2014, we published in the Federal Register a notice of proposed rulemaking (NPRM) regarding Revised Medical Criteria for Evaluating Neurological Disorders and solicited public comments. We provided a 60-day comment period ending on April 28, 2014. We are reopening the comment period for 30 days. DATES: The comment period for the notice of proposed rulemaking published on February 25, 2014 (79 FR mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:07 Apr 30, 2014 Jkt 232001 10636), is reopened. To ensure that your written comments are considered, we must receive them no later than June 2, 2014. ADDRESSES: You may submit comments by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2006–0140 so that we may associate your comments with the correct regulation. CAUTION: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. 1. Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at https:// www.regulations.gov. Use the Search function to find docket number SSA– 2006–0140. The system will issue you a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. 2. Fax: Fax comments to (410) 966– 2830. 3. Mail: Address your comments to the Office of Regulations and Reports Clearance, Social Security Administration, 3100 West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. Comments are available for public viewing on the Federal eRulemaking portal at https://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213, or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: This document reopens to June 2, 2014, the comment period for the notice of proposed rulemaking that we published on February 25, 2014. We are reopening the comment period in light of the comments that we have received on the proposed rules. If you have already PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 provided comments on the proposed rules, we will consider your comments and you do not need to resubmit them. Dated: April 25, 2014. Carolyn W. Colvin, Acting Commissioner of Social Security. [FR Doc. 2014–09951 Filed 4–30–14; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 884 [Docket No. FDA–2014–N–0297] Reclassification of Surgical Mesh for Transvaginal Pelvic Organ Prolapse Repair and Surgical Instrumentation for Urogynecologic Surgical Mesh Procedures; Designation of Special Controls for Urogynecologic Surgical Mesh Instrumentation AGENCY: Food and Drug Administration, HHS. ACTION: Proposed order. The Food and Drug Administration (FDA or the Agency) is proposing to reclassify surgical mesh for transvaginal pelvic organ prolapse (POP) repair from class II to class III. FDA is proposing this reclassification based on the tentative determination that general controls and special controls together are not sufficient to provide reasonable assurance of safety and effectiveness for this device. In addition, FDA is proposing to reclassify urogynecologic surgical mesh instrumentation from class I to class II. The Agency is also proposing to establish special controls for surgical instrumentation for use with urogynecologic surgical mesh. FDA is proposing this action, based on the tentative determination that general controls by themselves are insufficient to provide reasonable assurance of the safety and effectiveness of these devices, and there is sufficient information to establish special controls to provide such assurance. The Agency is reclassifying both the surgical mesh for transvaginal repair and the urogynecologic surgical mesh instrumentation on its own initiative based on new information. DATES: Submit either electronic or written comments on this proposed order by July 30, 2014. Please see section XIII for the proposed effective date of any final order that may publish based on this proposal. SUMMARY: E:\FR\FM\01MYP1.SGM 01MYP1

Agencies

[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Proposed Rules]
[Pages 24632-24634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09830]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

14 CFR Part 398

[Docket No.: DOT-OST-2014-0061]


Essential Air Service Proposed Enforcement Policy

AGENCY: Office of Aviation Analysis (X50), Department of Transportation 
(DOT).

ACTION: Notice of Proposed Enforcement Policy.

-----------------------------------------------------------------------

SUMMARY: This proposed notice of enforcement policy announces how the 
Department of Transportation (DOT) intends, going forward, to enforce 
compliance with the requirements of the Department of Transportation 
and Related Agencies Appropriations Act, 2000, which prohibits the 
Department from subsidizing Essential Air Service (EAS) to communities 
located within the 48 contiguous States receiving per passenger subsidy 
amounts exceeding $200, unless the communities are located more than 
210 miles from the nearest large or medium hub airport. As proposed, 
all communities receiving subsidies under the EAS Program would have 
until September 30, 2015, based on data from October 1, 2014, through 
September 30, 2015, to ensure compliance with the $200 subsidy cap or 
face termination of subsidy eligibility. After September 30, 2015, the 
Department would continue enforcement of the $200 subsidy cap on an 
annual basis based on data compiled at the end of every fiscal year. 
Consistent with established procedures, DOT will issue each potentially 
impacted community a show cause order regarding termination of 
eligibility and provide each such community with a fair and reasonable 
opportunity to demonstrate compliance with the $200 subsidy cap prior 
to a final decision by DOT. In addition, any community that is deemed 
ineligible under the $200 subsidy cap provision may petition the 
Secretary for a waiver. After receiving a community's petition for a 
waiver, the Secretary may waive the subsidy cap for a limited period of 
time, on a case-by-case basis, and subject to availability of funds. To 
provide the Department with sufficient time to evaluate the FY 2015 
data for potentially affected communities, DOT does not intend to begin 
the Show Cause Order process until January 2016.

DATES: Send comments on or before June 30, 2014. Late-filed comments 
will be considered to the extent practicable.

ADDRESSES: Send comments identified by docket number DOT-OST-2014-

[[Page 24633]]

0061 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its decision-making process. DOT posts 
these comments, without edit, to www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at www.dot.gov/privacy. DOT will read and respond to all substantive 
comments. If you are filing comments on behalf of an organization or 
group of individuals, we encourage you to include the name of your 
group or organization. However, anonymous comments will be considered 
if they are timely filed. Including your name/group along with your 
comment is completely optional.
    Docket: Comments received may be read at https://www.regulations.gov 
at any time. Follow the online instructions for accessing the docket or 
go to the Docket Operations in Room W12-140 of the West Building Ground 
Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Kevin Schlemmer, Chief, Essential Air Service and 
Domestic Analysis Division, Office of Aviation Analysis, Department of 
Transportation, 1200 New Jersey Avenue SE, Room W86-309, Washington, DC 
20590; telephone: (202) 366-3176; Kevin.Schlemmer@dot.gov. For legal 
questions concerning this action, contact Claire McKenna, Attorney, 
Office of the General Counsel, Department of Transportation, 1200 New 
Jersey Avenue SE., Room 96-309; telephone: (202) 366-0365; email: 
Claire.McKenna@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Airline Deregulation Act, passed in 1978, gave airlines almost 
total freedom to determine which markets to serve domestically and what 
fares to charge for that service. The United States Congress (Congress) 
established the EAS program to guarantee that small communities that 
were served by certificated air carriers before deregulation maintain 
at least a minimal level of scheduled air service. Since its inception, 
the EAS program has provided a vital link for eligible small 
communities to the National Airspace System (NAS). Indeed, this program 
ensures that small communities across America can tap into the economic 
and quality of life benefits that scheduled air services offer.
    Over the years, Congress has made a number of statutory changes to 
the program (most recently in 2011 and 2012), but the fundamental 
purpose of the program remains unchanged. Given the socio-economic 
importance of this program, DOT remains committed to preserving the EAS 
program for eligible communities and ensuring the sustainability of the 
program for the future.
    This proposed enforcement policy concerns the statutory mandate 
that prohibits DOT from providing EAS funds to any community in the 48 
contiguous states that requires a per-passenger-subsidy in excess of 
$200 unless the community is located more than 210 miles from the 
nearest large or medium airport. Congress first imposed a $200 subsidy 
per passenger cap for communities in the 48 contiguous States in FY 
1990 appropriations language. Such language was repeated in several 
later appropriations acts, throughout the 1990s, and was made permanent 
by the Department of Transportation and Related Agencies Appropriations 
Act, 2000, Public Law 106-69, 113 Stat. 986 (Oct. 9, 1999). 
Specifically, the Act provided that:

Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service 
subsidies shall be provided to communities in the 48 contiguous 
States that are located fewer than 70 highway miles from the nearest 
large or medium hub airport, or that require a rate of subsidy per 
passenger in excess of $200 unless such point is greater than 210 
miles from the nearest large or medium hub airport.

    The Department always has expected communities less than 210 miles 
from the nearest large or medium hub airport to work together with air 
carriers providing EAS to keep the subsidy per passenger below the $200 
cap or risk termination of eligibility from the EAS Program. DOT also 
has routinely provided notice of this statutory mandate to communities 
that were or appeared to be at risk of exceeding the cap, and a number 
of EAS communities have lost their eligibility as a result of the cap.
    Although the $200 subsidy cap is a longstanding statutory 
provision, in 2012, Congress added a provision that allows the 
Secretary to grant waivers in limited circumstances. To effectuate that 
new provision and to ensure the fair and consistent treatment of all 
EAS communities subject to the $200 subsidy cap prospectively, DOT is 
issuing this proposed enforcement policy. Specifically, the Department 
is considering a policy that will defer future enforcement of the $200 
subsidy cap until January 2016. The proposed policy, if finalized, 
would set September 30, 2015, as the date by which any EAS community 
with a per passenger subsidy exceeding or approaching the $200 subsidy 
cap must ensure compliance with the cap. Under the proposed policy, DOT 
would determine each community's subsidy per passenger cap based on 
data compiled from October 1, 2014, through September 30, 2015. 
Consistent with past practice and our obligations under 49 U.S.C. 
41733(f)(2), DOT would continue to encourage potentially affected 
communities to work with air carriers providing subsidized EAS to 
maximize use of the service awarded under their respective carrier-
selection orders to avoid exceeding the $200 subsidy cap.
    If after September 30, 2015, a particular community's subsidy per 
passenger remains above $200 and its location is less than 210 miles 
from the nearest large or medium hub airport, the Department would 
initiate proceedings, consistent with 49 U.S.C. 41733(f) and Public Law 
112-97 (Feb. 14, 2012), Section 426(e), directing interested persons to 
show cause why the Department should not terminate the eligibility of 
the community in question under the EAS Program. This process will 
provide each potentially affected community with a fair and reasonable 
opportunity to demonstrate compliance with the $200 subsidy cap prior 
to a final decision by DOT. To provide the Department with sufficient 
time to receive and evaluate the FY 2015 data for potentially affected 
communities, DOT does not intend to begin the show cause process until 
January 2016.
    After September 30, 2015, the Department would continue enforcement 
of the $200 subsidy cap on an annual basis based on data compiled at 
the end of every fiscal year and submitted to DOT after the close of 
the

[[Page 24634]]

most recent fiscal year. Regardless of whether this proposed 
enforcement policy is adopted in any form, the EAS program contains 
certain statutory protections that an adversely impacted EAS community 
may invoke. First, in the event that DOT determines that a community is 
ineligible because it exceeds the $200 subsidy cap provision in a given 
fiscal year, the community may petition the Secretary of DOT for a 
waiver pursuant to Pubic Law 112-97, Sec. 426(e) (c) (Feb. 14, 2012). 
Under this provision, ``[s]ubject to the availability of funds, the 
Secretary may waive, on a case-by-case basis, the subsidy-per-passenger 
cap.'' The law further provides: ``A waiver . . . shall remain in 
effect for a limited period of time, as determined by the Secretary.'' 
Second, a community that is deemed ineligible based on the $200 subsidy 
cap and removed from the program may petition the Secretary for 
reinstatement into the program in a subsequent year if the community 
can demonstrate that it will be able to comply with the $200 subsidy 
cap on an annual basis going forward.
    The Department seeks comments from all interested parties regarding 
this proposed enforcement policy.

    Issued in Washington, DC, on April 23, 2014.
Brandon M. Belford,
Deputy Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2014-09830 Filed 4-30-14; 8:45 am]
BILLING CODE 4910-9X-P
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