Wyo. Code R. 045-0001-4
Aeronautics Commission
Chapter 4: Air Service Enhancement Program
Effective Date: 11/06/2015 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0001.4.11062015
These rules of practice and procedure are promulgated by authority of W.S. 10-3-201, W.S. 10-3-601(b), W.S. 10-3-601(g), and W.S. 10-3-602.
(a) These Wyoming Department of Transportation (WYDOT) Aeronautics Division rules are intended to provide a uniform process for submitting grant applications and to clarify the benefits to be evaluated when considering applications as in W.S. 10-3-601(b) and W.S. 10-3-601(g) by ensuring consistency in the Air Service Enhancement Program (ASEP).
(b) These rules also provide a uniform and understandable interpretation of the process of approval for all funds granted under the ASEP.
All definitions as set forth in W.S. 10-1-101 and W.S. 10-3-601(b) and (f) apply to these rules.
Any state grant for air service enhancement shall be conditioned upon and evaluated by the following potential benefits.
(a) Maintaining critical air service (defined as daily scheduled service to one hub airport).
(b) Increasing or sustaining economic benefit, or facilitating new or existing business opportunities, by providing adequate air service to Wyoming communities.
(c) Increasing or maintaining consistency of service, on-time performance, and reliability.
(d) Increasing the number of Wyoming passengers originating flights in Wyoming, rather than in other states.
(e) Increasing or sustaining the frequency of flight operations from commercial Wyoming airports to regional airport hubs.
(f) Delivering competitive airfare for Wyoming passengers.
(g) Raising the minimum number of enplanements at airports facing a potential loss of federal Airport Improvement Program (AIP) funding.
The following benchmarks shall be used to assess the ASEP.
(a) Air service.
(b) Economic benefit.
(c) On-time performance and reliability.
(d) Passenger retention.
(e) Enplanements.
(f) Flight capacity.
(g) Competitive airfares.
The Department uses a uniform application process for all funds granted under the ASEP.
(a) The community sponsor and the airline discuss air service needs, and negotiate costs and service terms.
(b) The airline provides the community sponsor a forecast with assumed cost and revenues for the suggested contract term.
(c) The community sponsor discusses obligations and terms under the ASEP with the airline and receives the airline’s consent.
(d) The community sponsor gathers required cash commitments from the local community.
(e) The community sponsor completes and signs the ASEP application for funding.
(f) All applications shall be submitted to the Aeronautics Division 30 calendar days prior to the next Aeronautics Commission meeting for grant consideration. Grant applications received after the 30 day deadline shall not be considered until the following Commission meeting.
(g) The Aeronautics Division reviews the application, verifies data with the resources available, and makes a recommendation to the Wyoming Aeronautics Commission.
(h) The Aeronautics Commission reviews the application submitted by the community sponsor and the recommendation by the Aeronautics Division and considers the application at the monthly Aeronautics Commission meeting.
(i) The community sponsor shall be responsible for any expenses incurred prior to Aeronautics Commission consideration and approval of any application; exceptions can be made at the Aeronautics Commission’s discretion.
(a) The Aeronautics Division shall, at WYDOT’s discretion, investigate non-compliant grantees and pursue all appropriate legal means including termination of any grant agreement and any or all items and shall seek remediation for monies expended by WYDOT and received by non-compliant grantees.
(b) If a community sponsor fails to pay any amount owed when the same shall become due and payable, WYDOT shall pursue remedies in law or in equity at its discretion.
(c) The Wyoming Department of Transportation reserves the right to audit any Air Service Enhancement project.