BangersAndMash wrote:I don't think it's under EAS. Although it doesn't say one way or the other in the proposal, the document include this wording in the small prints: "Service contingent on the community waiving their right to scheduled service"
That says to me it's their usual public charter arrangement, so I'm expecting AEAS.
Again, the airline can't bid on AEAS. The community must apply for a grant under AEAS. But the clause
"Service contingent on the community waiving their right to scheduled service" seems to be taking a different angle.
If you look at the email that the DOT analyst sent to the community, there is the paragraph:
These proposals may need certain waivers from basic EAS requirements to be selected. https://www.law.cornell.edu/uscode/text/49/41732. Let us know if you have questions. Section 41732(c) says:
Notwithstanding section 41733(e), upon request by an eligible place, the Secretary may waive, in whole or in part, subsections (a) and (b) of this section or subsections (a) through (c) of section 41734. . Section 41734 deals with ending, suspending, or reducing service (which is what Skywest is doing - communities are currently requesting reduction in Skywest flying).
But 41732 (a) says:
(a) General.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and cargo—
(1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or
(2) to a small hub or nonhub airport, when in Alaska or when the nearest hub airport is more than 400 miles from an eligible place.So does the Secretary have the option of waiving "scheduled air transportation" (full stop), or must it waive "scheduled air transportation" in conjunction with subparagraphs (1) or (2)? It appears Contour may be going for the former. Odd that it never tried this before, but went through the hoops of getting to community to request AEAS.
Or - the analyst comment "let me know if you have any questions" may be a covert cue for the community to look into AEAS.
