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1980 - July DOT Ord. & Dec. [1] (July, 1980)

handle is hein.usfed/dotod0534 and id is 1 raw text is: Order 80-7-1 UNITED STATES OF-AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D.C. Issued Under Delegated Authority July 1, 1980 Application of FRONTIER AIRLINES, INC. Docket 38404 for an exemption from section 401(j): ORDER GRANTING EXEMPTION By telegram, on June 30, 1980, Frontier Airlines requested an emergency exemption, effective July 1, 1980, to amend its service pattern at Salina and Manhattan, Kansas, without complying with the 90-day notice requirements in section 401(j). This service pattern proposed by Fron- tier for each point does not meet the stop requirement contained in the Essential Air Service (EAS) determinations for Salina and Manhattan as set forth in Order 80-4-220, April 30, 1980. In support of its request, Frontier states that Order 80-4-220 was served on May 14, 1980, after Frontier had filed 401(j)(2) notices covering its July 1, 1980, schedule change; that it did not discover until June 27, 1980, that its July schedule change would reduce service at Salina and Manhattan below the essential level; that its service at each point fails to meet EAS levels solely on the basis of intermediate stops on flights in one direction; that the total number of flights in each market exceeds the two roundtrips required by the EAS determinations; that the communities involved do not object to the exemption request; and that, if either of the affected com- munities or the state subsequently objects, Frontier will adjust its schedules to comply with the EAS definitions. The Bureau, acting under delegated authority, granted the exemption by telephone on June 30, 1980. We are confirming that action here. Our decision is based on Salina's and Manhattan's support of the exemption request,l/ Frontier's provision of additional frequencies in each market in lieu of insufficient nonstop or one-stop service, and Frontier's com- mitment to restore service to EAS levels if the community subsequently objects. 1/ We have confirmed that neither community objects to Frontier's exemption application. See summaries of ex-parte communications.