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Ex. AGY-AVIATION-SURFACE-028 Order Primary source read

Order 2020-4-2, Final Order, Docket DOT-OST-2020-0037 (served Apr. 7, 2020)

Continuation of Certain Air Service Under Public Law 116-136 §§ 4005 and 4114(b): Final Order (minimum service obligations through Sept. 30, 2020)

U.S. Department of Transportation, Office of the Secretary · United States (U.S. Department of Transportation, Office of the Secretary) (Federal)

The COVID Project

The record

Jurisdiction
United States (U.S. Department of Transportation, Office of the Secretary)
Level
Federal
Authority
CARES Act §§ 4005 and 4114(b)
Issued
2020-04-07 Apr. 7, 2020
Effective
2020-04-07 (obligations attach upon acceptance of CARES Act assistance) (read as 2020-04-07)
End
2020-09-30 ("through September 30, 2020"); the Secretary's authority "extends through March 1, 2022" (read as 2020-09-30)
In force
Apr. 7, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Travel and quarantineOther
Addressees
  • covered carriers: certificated and commuter passenger carriers and all-cargo carriers accepting CARES Act assistance
Functions reached
  • OP airline schedules fixed at federal minimums nationwide
  • CB airports, concessions, hotels, ground transportation at every served point
  • TR
Collection
Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"ACCORDINGLY: 1. The Department finalizes its tentative determinations as described in Order 2020-3-10 (March 31, 2020) subject to the modifications described in the body of this Order; 2. The Department determines that the Service Obligation contained in Sections 4005 and 4114(b) applies to direct 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 CFR Part 298, or (b) provide all-cargo air transportation pursuant to 49 U.S.C. § 41101 and 41103.... 3. The Department determines that it will use Official Airline Guide (OAG) data for the week ended February 29, 2020... to determine those points served by covered carriers... that are subject to the Service Obligation.... 4. The Department determines that covered carriers identified in paragraph 2 must provide minimum levels of service, as described in the body of this Order...." Body: obligations run "through September 30, 2020."

Enforcement

condition of CARES Act assistance; DOT exemption process (Notices of Action Taken); 49 U.S.C. § 46301

Notes

Primary federal order governing U.S. airline service levels Apr. 7 - Sept. 30, 2020.

Retrieval note

Also posted at transportation.gov/sites/dot.gov/files/2020-04/CARES Final Order FINAL.PDF.