{"id":"AGY-AVIATION-SURFACE-027","kind":"order","level":"federal","jurisdiction":"United States (U.S. Department of Transportation, Office of the Secretary)","state":"","metro":"","industry":"","agency":"AVIATION-SURFACE","eco":"","issuer":"U.S. Department of Transportation, Office of the Secretary (Joel Szabat, Assistant Secretary for Aviation and International Affairs)","authority":"CARES Act § 4005: the Secretary \u0022is authorized to require, to the extent reasonable and practicable, an air carrier receiving loans and loan guarantees under section 4003 to maintain scheduled air transportation service as the Secretary deems necessary to ensure services to any point served by that carrier before March 1, 2020\u0022; § 4114(b) (same for payroll support recipients)","instrument":"Order 2020-3-10, Order to Show Cause, Docket DOT-OST-2020-0037 (served Mar. 31, 2020)","title":"Continuation of Certain Air Service Under Public Law 116-136 §§ 4005 and 4114(b): Order to Show Cause (proposed minimum service obligations for carriers accepting CARES Act assistance)","dateIssued":"2020-03-31","effective":"2020-03-31 (tentative; objections due within two business days)","end":"finalized by Order 2020-4-2 (Apr. 7, 2020)","startDate":"2020-03-31","endDate":"2020-04-07","quarters":["2020Q2"],"types":["TRAV","OTHER"],"addressees":["U.S. certificated and commuter air carriers and all-cargo carriers accepting CARES Act financial assistance"],"clause":"\u0022By this Order, the U.S. Department of Transportation (the Department) is proposing parameters for initially implementing the authority granted to the Secretary of Transportation (the Secretary) by Sections 4005 and 4114(b) of the Coronavirus Aid, Recovery, and Economic Security Act (the CARES Act).... the order proposes that air carriers receiving financial assistance under the CARES Act maintain minimum air services on a nationwide basis, with some exceptions.\u0022 \u0022ACCORDINGLY: 1. The Department directs all interested persons to show cause why the Department should not issue an order making final its tentative findings and conclusions discussed herein.... 2. The Department tentatively determines that the Service Obligation contained in Sections 4005 and 4114(b) apply to air carriers (covered carriers) accepting financial assistance under the CARES Act and that either (a) hold a certificate of public convenience and necessity for scheduled passenger air transportation pursuant to 49 U.S.C. §§ 41101 and 41102 or a Commuter Air Carrier Authorization pursuant to 14 C.F.R. 298, or (b) provide all-cargo air transportation pursuant to 49 U.S.C. § 41101 and 41103.\u0022","enforcement":"condition of federal assistance; DOT enforcement under 49 U.S.C. § 46301 and the payroll support agreements; exemption process for point-by-point relief","functions":["OP airline networks (minimum frequencies fixed by federal order; schedules reduced to the federal minimum)","CB communities, airports and airport concessionaires whose service was cut to the minimum","TR business and leisure travel capacity"],"notes":"The federal instrument that fixed airline schedules during the collapse: carriers taking CARES Act support had to serve every pre-March 1, 2020 point at reduced minimum frequencies, and cut everything else. It documents the demand collapse (OAG data) and reached every airport and airport tenant in the country.","sourceUrl":"https://downloads.regulations.gov/DOT-OST-2020-0037-0001/attachment_1.pdf","snapshot":"","fileExists":true,"fileBytes":1013174,"grade":"primary","character":"","description":"","collection":"AGY-AVIATION-SURFACE","url":"/library/AGY-AVIATION-SURFACE-027","exhibitUrl":"/exhibit/AGY-AVIATION-SURFACE-027","citation":"U.S. Department of Transportation, Office of the Secretary (Joel Szabat, Assistant Secretary for Aviation and International Affairs), Order 2020-3-10, Order to Show Cause, Docket DOT-OST-2020-0037 (served Mar. 31, 2020) (Ex. AGY-AVIATION-SURFACE-027)","stateName":"","related":[]}