Loading...
HomeMy WebLinkAboutMINUTES - 11281989 - 1.24 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 28, 1989 SUBJECT: INTERIM COMMERCIAL AIRLINE ACCESS PLAN AND REGULATION FOR BUCHANAN FIELD AIRPORT .Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDED ACTION: APPROVE the attached Interim Commercial Airline Access Plan and Regulation for Buchanan Field Airport. FINANCIAL IMPACT: None identified at the present time. REASONS FOR RECOMMENDATION/BACKGROUND: (see page 2) Cont'd on attachment: yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other: Sicmature(s) : Action of Board on: NOV 28 1989 Approved as Recommended Other X DIRECTED Public Works Director to send letters to cities of Concord and Pleasant Hill informing them of the Board' s action. Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN _X Unanimous (Absent ) ACTION TAKEN AND ENTERED ON THE Ayes: Noes: MINUTES OF THE BOARD OF Absent: Abstain: SUPERVISORS ON DATE SHOWN. Orig.Div.-Airports Attested NOV 28 1989 cc: County Administrator Phil Batchelor, Clerk of the Public Works Director Board of Supervisors Public Works Accounting and County Administrator Aviation Advisory Com. Federal Aviation Admin. By k'A . USAir, Inc. Deputy Clerk HEW:dg accespin.bo BUCHANAN FIELD AIRPORT CONTRA COSTA COUNTY EXTENDED INTERIM COMMERCIAL AIRLINE ACCESS PLAN AND REGULATION (JANUARY 1, 1990 - DECEMBER 31, 1990) TABLE OF CONTENTS PACE I. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . 1 A. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. General Limitations and Qualifications . . . . . . . . . . . . . . . . . 1 C. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Other Regulatory Requirements . . . . . . . . . . . . . . . . . . . . . . 2 II. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. ADD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Authorized Aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Authorized Departure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Scheduled Commercial Air Carrier . . . . . . . . . . . . . . . . . . . . 4 E. Scheduled Commuter Carrier . . . . . . . . . . . . . . . . . . . . . . . . 4 F. Commuter Seat Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G. Regularly Scheduled Service . . . . . . . . . . . . . . . . . . . . . . . . 5 H. RON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. Qualified Scheduled Air Carrier . . . . . . . . . . . . . . . . . . . . . . 5 J. Qualified Scheduled Commuter Carrier . . . . . . . . . . . . . . . . . 6 III. ADD ALLOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Maximum ADD Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Initial ADD Allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 C. Subsequent ADD Allocations . . . . . . . . . . . . . . . . . . . . . . . . 6 D. ADD Reallocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 E. Necessary Finding for Allocating More Than Six (6) ADDs . . 9 F. Use of Allocated ADDs ... . . . . . . . . . . . . . . . . . . . . . . . . . 10 IV. SCHEDULED COMMUTER CARRIERS . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Maximum Permitted Number of Scheduled Commuter Carrier Passenger Seats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Initial Commuter Seat Capacity Allocation . . . . . . . . . . . . . . 11 C. Subsequent Commuter Seat Capacity Allocations . . . . . . . . . . 11 D. Section IV. A. 1. Commuter Seat Capacity Reallocations . . . . 13 E. Section IV. A. 2. Commuter Seat Capacity Reductions . . . . . . 14 F. Use of Allocated Commuter Seat Capacity . . . . . . . . . . . . . . 15 V. SUPPLEMENTAL OR TEMPORARY ALLOCATIONS . . . . . . . . . . . . . 16 A. County Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B. Conditions on Supplemental or Temporary Allocations - Addendum to Lease or Operating Agreement . . . . . . . . . . . . 16 i VI. RON LIMITATIONS AND ALLOCATIONS . . . . . . . . . . . . . . . . . . . . . . 17 A. RON Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Allocation of Scheduled Air Carrier RON . . . . . . . . . . . . . . . 17 C. Minimum Utilization of Scheduled Air Carrier RON . . . . . . . 18 D. Penalties for Under-Utilization of RON Allocation . . . . . . . . . 18 VII. SPECIFIC PROHIBITIONS AND ENFORCEMENT PROCEDURES . . . . 18 A. Limit on Maximum Number of Scheduled Commercial Air Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 B. Limit on Maximum Number of Scheduled Commuter Carriers . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 C. Scheduled Commercial Air Carriers - ADDs Required . . . . . . 19 D. Scheduled Commuter Carriers - Seat Capacity Allocation . . . . 19 E. Prohibition Against Excess or Unpermitted Operations . . . . . . .19 F. Prolubition Against Excess Noise . . . . . . . . . . . . . . . . . . . . . 20 G. Under-Utilization of Authorized Departures or Commuter Seat Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 H. Specific Enforcement Provisions - Noise . . . . . . . . . . . . . . . . 21 I. Specific Enforcement Procedures - Excess Utilization of Departure or Capacity Allocations . . . . . . . . . . . . . . . . . . . . 21 J. Specific Enforcement Procedures - Under-Utilization of Capacity Allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 VIII. DISQUALIFICATION AND REPLACEMENT OF CARRIERS . . . . . . . . 22 A. Disqualified Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 B. Disqualification of Carriers . . . . . . . . . . . . . . . . . . . . . . . . . 23 C. Reallocation of Disqualified Carrier's Operating Privileges . . . 24 IX. AIRCRAFT TEST PROCEDURES AND CERTIFICATION . . . . . . . . . . 25 A. Aircraft Qualification and Certification Requirement . . . . . . . 25 B. Aircraft Qualification and Certification Procedures . . . . . . . . . 25 X. ADDITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 A. Manager of Airports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 B. Labor Strikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 C. Partial Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 D. No Waiver or Creation of Implied Policy of Enforcement . . . . 28 ii BUCHANAN FIELD AIRPORT CONTRA COSTA COUNTY EXTENDED INTERIM COMMERCIAL AIRLINE ACCESS PLAN AND REGULATION (JANUARY 1, 1990 - DECEMBER 31, 1990) I. GENERAL PROVISIONS A. Term This document is the Extended Interim Commercial Airline Access Plan ("the Plan") for Buchanan Field Airport, Contra Costa County, California ("Buchanan Field Airport"). This Plan was approved by the Board of Supervisors of Contra Costa"County ("the County") on November 28, 1989 and is effective beginning January 1, 1990. Any privileges or licenses granted to any person in conjunction with, or as a result of the implementation of this Plan, are revocable at any time at the sole discretion of Contra Costa County and, in any case, shall terminate completely, finally and without further action of the County not later than December 31, 1990. B. General Limitations and Qualifications Any rights to ADDs allocated to Scheduled Commercial Air Carriers and any rights to Commuter Seat Capacity allocated to Scheduled Commuter HEW:dg a:accespin 1 (revised 11/28/89) Carriers, are a privilege revocable by the County at will, do not constitute "property interests" of persons affected by this Plan in any form, and are not transferable, directly or indirectly. All such privileges constitute limitations on operations intended to implement goals, policies, regulations and objectives of the County in its management and operation of Buchanan Field Airport, as Airport proprietor, regarding noise and other environmental matters, and the safe and efficient management of the Airport. To the extent, if at all, any such privileges contain some indicia of "property", they are the sole and exclusive "property" of Contra Costa County, held in the public trust, and managed by the County in the public interest. All such privileges are terminable without notice in the sole and exclusive discretion of the County. C. Amendments This Plan may be amended, revoked or augmented by additional regulation of the use of Buchanan Field Airport at such times, and in such a manner, as the County, in its sole and exclusive discretion, determines is appropriate. D. Other Regulatory Requirements All persons engaged in Regularly Scheduled Commercial Air Service at Buchanan Field Airport, or desiring to commence such service, must comply with all provisions of this Plan, and with all other laws, ordinances, rules and regulations applicable to such operations or requests to commence operations. This Plan shall constitute, and be construed as, a "regulation" and "directive" of a local authority" within the meaning of Section 18(A) of Contra Costa County Ordinance No. 87-8 dated February 3, 1987. HEW.dg waccespin 2 (revised 11/28/89) II. DEFINITIONS As used in this Plan, the following terms are defined as: A. ADD "ADD" means "average daily departure", which is computed for purposes of the Plan on a calendar quarter basis. One ADD authorizes any person requiring ADDs for its operations at Buchanan Field Airport to operate a number of Authorized Departures during each calendar quarter (subject to the definitions, conditions and limitation of this Plan) which is equal to the number of days in that quarter. For purposes of computing utilization of ADDs, the term "ADD", as used in the Plan, shall include all aircraft departures operated by persons requiring ADDs for operations at Buchanan Field Airport, including regularly scheduled, extra section, positioning, and regular maintenance flights. "ADD" does not include departures which occur solely as a result of repositioning aircraft because of unscheduled maintenance, emergency diversion, or a formal, published, schedule time change. B. Authorized Aircraft "Authorized Aircraft" means an aircraft which both: (a) has been certificated by the Federal Aviation Administration as a Stage 3 aircraft under and within the meaning of Part 36 of the Federal Aviation Regulations (14 CFR § 36.01, et seg.); and (b) operates at Buchanan Field Airport at gross operational weights which do not exceed 90,000 pounds. Alternatively, for purposes of this Plan, a Scheduled Commuter Carrier aircraft may be deemed an HEW:dg waccespIn (revised 11/28/89) 3 Authorized Aircraft if the operator of that aircraft demonstrates, to the prior satisfaction of the County, that it can regularly operate its aircraft at Buchanan Field Airport at noise levels which do not exceed the noise levels generated by a BAe-146-200 aircraft of the type presently operated at Buchanan Field Airport by USAir. C. Authorized Departure "Authorized Departure" means a single departure authorized by an allocation of one or more ADDs to a Scheduled Air Carrier, or by an allocation of Commuter Seat Capacity to a Scheduled Commuter Carrier, under the terms of this Plan. D. Scheduled Commercial Air Carrier "Scheduled Commercial Carrier" or "Scheduled Air Carrier" means any person other than a Scheduled Commuter Carrier who operates regularly scheduled air service into and out of Buchanan Field Airport for the purpose of carrying passengers, freight, or for any other commercial purpose. E. Scheduled Commuter Carrier "Scheduled Commuter Carrier" means any person who operates regularly scheduled air service into and out of Buchanan Field Airport for the purpose of carrying passengers, freight or for any other commercial purpose, with Authorized Aircraft which are regularly configured with less than 36 seats, and operate at gross take;off weights of not more than 60,000 pounds. F. Commuter Seat Capacity "Commuter Seat Capacity" means the number of seats available for use by members of the air traveling public aboard any aircraft operated in Regularly HEW.dg amooespin 4 (revised 11/28/89) Scheduled Service by a Scheduled Commuter Carrier during departures from Buchanan Field Airport, which have been authorized and allocated pursuant to Section IV of this _Plan. For purposes of this Plan, Commuter Seat Capacity is defined and regulated on a calendar quarter basis. A Commuter Seat Capacity allocation authorizes the person receiving the allocation to operate aircraft departures during any calendar quarter with a total number of passenger seats in an amount equal to the allocated number of "daily seats", multiplied by the number of days in the quarter. G. Regularly Scheduled Service "Regularly Scheduled" commercial operations or 'Regularly Scheduled Service" means aircraft operations which occur in support of passenger, freight, or other similar commercial purposes, and which are advertised by publication in the Official Airline Guide, by other written publication, or by notice to travel agents, as: (a) occurring one or more specified times a week for any consecutive four week period; and (b) as being available to serve members of the general public upon payment of a set fare, charge or rate. H. RON "RON" means aircraft operated by a Qualified Scheduled Air Carrier or Qualified Scheduled Commuter Carrier which "remains overnight" at Buchanan Field Airport. I. Qualified Scheduled Air Carrier "Qualified Scheduled Air Carrier" means any Scheduled Commercial Air Carrier authorized by express action of the Board of Supervisors to operate Regularly Scheduled Service at Buchanan Field Airport according to the terms of this Plan, and which is not in default or in violation of any provision HEW.dg waccespin (revised 11/28/89) 5 of this Plan. J. Qualified Scheduled Commuter Carrier "Qualified Scheduled Commuter Carrier" means any Scheduled Commuter Carrier authorized by express action of the Board of Supervisors to operate Regularly Scheduled Service at Buchanan Field Airport according to the terms of this Plan, and which is not in default or in violation of any provision of this Plan. III. ADD ALLOCATIONS A. Maximum ADD Level The maximum number of allocated ADDs shall not exceed seven (7) ADDs at any time during the period of this Plan. B. Initial ADD Allocation Subject to all other provisions of this Plan, and subject to all other County policies, ordinances, rules, regulations, and written agreements between the County and USAir, USAir is authorized to operate 41/7 ADDs during the term of this Plan. C. Subsequent ADD Allocations Subject to Section III B., Section VII B., and all other provisions of this Plan; and subject to all other County policies, ordinances, rules, regulations, and written agreements with any existing or future Qualified Scheduled Air Carrier, unallocated AD:Ds may be allocated as follows: 1. Scheduled Air Carriers Not Currently Operating ADDS Any Scheduled Air Carrier which is not currently operating HEW-dg wacoespin 6 (revised 11/28/89) ADDs at Buchanan Field Airport may request an allocation of ADDs, up to the maximum number of then unallocated ADDs permitted by Sections III A. and III E., by submitting to the Manager of Airports a written request which is executed by an officer of the Scheduled Air Carrier, and which contains (a) all information necessary to establish that the Scheduled Air Carrier is capable of, and qualified to, operate ADDs at Buchanan Field Airport; (b) a pro-forma operations schedule, including the type.and passenger seat capacity of all aircraft equipment which will be used in service at Buchanan Field Airport; (c) the date on which the Scheduled Air Carrier desires to commence operations at Buchanan Field Airport; (d) a representation that the Scheduled Air Carrier is capable of and will commence such operations in not more than 90 (ninety) days from the date of the request, if its request is granted; and (e) a representation that the Scheduled Air Carrier has reviewed and is familiar with all rules and regulations of the County which affect or regulate operations at Buchanan Field Airport, and that the Scheduled Air Carrier will observe all such rules and regulations, including all provisions of this Plan. Any request which is not in writing, or which does not contain all of the required information, and each of the required representations, will be deemed deficient and rejected at the time the request is made. All such requests shall be processed in the order in which written requests meeting each of these requirements are received by the Manager of Airports. All such requests which HEW:dg waccespin 7 (revised 11/2889) cannot immediately be granted because of the unavailability of unallocated ADDs shall be maintained by the Manager of Airports as a Scheduled Air Carrier "waiting list". 2. Scheduled Air Carriers Operating ADDs at Buchanan Field Airport Any Scheduled Air Carrier which is currently operating ADDs at Buchanan Field Airport may request an allocation of additional, unallocated ADDs, up to the maximum number of then unallocated ADDs permitted by Sections III A. and III E., by submitting a written request to the Manager of Airports which is executed by an officer of the Scheduled Air Carrier, and which contains: (a) a statement of the date on which the Scheduled Air Carrier desires to commence operations at Buchanan Field Airport; (b) a representation that the Scheduled Air Carrier is capable of, and will commence such operations not more than 90 (ninety) days from the date of the request if the request is granted; and (c) if the requested additional allocation would result in a total allocation to the requesting carrier which would exceed 4-1/7 ADDs, a statement acknowledging that the carrier is familiar with the provisions of Section III D. of this Plan, and that it will abide fully by the provisions of that Section. D. ADD Reallocations Iii at any time during the period of this Plan: (1) there is only one Scheduled Air Carrier operating at Buchanan Field Airport; (2) that Scheduled Air Carrier has been allocated more than 4-1/7 ADDs as a result of any provision of this Plan; (3) the Manager of Airports has received a HEW:dg a:accespIn 8 (revised 11/28/89) written request under Section III C. 1. from a second Scheduled Air Carrier which he has found to be adequate; and (4) the Board of Supervisors has authorized negotiations with the requesting carrier for commencement of service at Buchanan Field Airport; then: 1. Notice to Existing; Carrier The Manager of Airports will deliver a written notice to the existing carrier that its ADD allocation will be modified to 4- 1/7 ADDs effective on a date specified in the notice. The specified date shall not be less than 60 (sixty) days after the date the notice is deposited in the United States Mail by the Manager of Airports or, if hand delivered to a responsible employee of the existing carrier, the date of such delivery. 2. Operations Adjustment by Existing Carrier The existing Scheduled Air Carrier receiving a notice under Section III D. 1. shall immediately take such steps as may be necessary in the adjustment of its operations at Buchanan Field Airport to operate not more than 4-1/7 ADDS. This includes, but is not limited to, providing sufficient notice to the Official Airline Guide of the changes in its schedules, necessary crew and aircraft rescheduling,and all other commercially reasonable acts which will minimize the impact of any such schedule adjustment(s) on the air traveling public. E. Necessary Finding for Allocating More Than Six (6) ADDS Notwithstanding Section III A. of this Plan, no more than a total of six (6) ADDs shall be allocated to Qualified Scheduled Air Carrier(s) unless the Manager of Airports has first certified to the Board of Supervisors that HEW-dg amooespin 9 (revised 11/28/89) operations by seven (7) Scheduled Air Carrier ADDs will not significantly impact then existing uses of parking and other Airport facilities by non- Scheduled Air Carrier tenants at, or other non-Scheduled Air Carrier users of, Buchanan Field Airport. F. Use of Allocated ADDs All ADDs may be used (subject to all other relevant provisions of this Plan, and all other County ordinances, rules, regulations and policies) at the discretion of the Scheduled Air Carrier; except that Authorized Departures or portions of ADDS not used by the Scheduled Air Carrier during any calendar quarter may not.be carried forward for use in subsequent quarters. IV. SCHEDULED COMMUTER CARRIERS A. Maximum Permitted Number of Scheduled Commuter Carrier Passenger Seats 1. The maximum Commuter Seat Capacity authorized and allocated to Qualified Scheduled Commuter Carriers shall not exceed 108 daily seats. 2. Notwithstanding the limitation of Section IV. A. 1., if, at any time, less than six (6) ADDS are allocated to Qualified Scheduled Air Carriers, then the maximum permissible level of daily seats allocated to Qualified Scheduled Commuter Carriers may be increased by an amount equal to 85 daily seats, multiplied by six minus the number of allocated ADDs (85 x [6-allocated ADDs]). Any Commuter Seat Capacity allocations above 108 daily seats shall be subject to termination upon receipt by the Manager of Airports of a request under Section III. C. of this Plan. HEW-.dg amooespin 10 (revised 11/28/89) B. Initial Commuter Seat Capacity Allocation Subject to all other provisions of this Plan, and subject to all other County policies, ordinances, rules, regulations, and written agreements between the County and is allocated and authorized to operate a Commuter Seat Capacity of 72 daily seats. C. Subsequent Commuter Seat Capacity Allocations Subject to Section IV. A., Section VII. B., and all other provisions of this Plan, and subject to all other County policies, ordinances, rules, regulations, and written agreements with any existing or future Qualified Scheduled Commuter Carrier, unallocated Commuter Seat Capacity may be allocated as follows: 1. Scheduled Commuter Carriers Not Currently 012erating�at Buchanan Field Airport Any Scheduled Commuter Carrier which is not currently operating at Buchanan Field Airport may request an allocation of Commuter Seat Capacity, up to the maximum amount of then unallocated Commuter Seat Capability permitted by Section IV. A. 1. by submitting to the Manager of Airports a written request which is executed by an officer of the Scheduled Commuter Carrier, and which contains: (a) all information necessary to establish that the Scheduled Commuter Carrier is capable of; and qualified to, operate at Buchanan Field Airport with an allocation of commuter Seat Capacity; (b) a pro-forma operations schedule, including the type and passenger seat capacity of all aircraft equipment which will be used in service at Buchanan Field Airport; (c)the date on which the Scheduled HEW:dg amooespin 11 (revised 11/28/89) Commuter Carrier desires to commence operations at Buchanan Field Airport; (d) a representation that the Scheduled Commuter Carrier is capable of, and will commence such operations in not more than 90 days from the date of the request if its request is granted; and (e) a representation that the Scheduled Commuter Carrier has reviewed, and is familiar with, all rules and regulations of the County which affect or regulate operations at Buchanan Field Airport, and that the Scheduled Commuter Carrier will observe all such rules and regulations, including all provisions of this Plan. Any request which is not in writing, or which does not contain all of the required information, and each of the required representations, will be deemed deficient and rejected at the time the request is made. All such requests shall be processed in the order in which written requests meeting each of these requirements are received by the Manager of Airports. All such requests which cannot immediately be granted because of the unavailability of unallocated Commuter Seat Capacity shall be maintained by the Manager of Airports as a Scheduled Commuter Carrier"waiting list". 2. Scheduled Commuter Carriers Operating at Buchanan Field Airport Any Scheduled Commuter Carrier which is currently operating at Buchanan Field Airport may request an allocation of additional, unallocated Commuter Seat Capacity, up to the maidmum level of then unallocated Commuter Seat Capacity HEW:dg a:accespin 12 (revised 11/28/89) permitted by Section IV. A. by submitting a written request to the Manager of Airports which is executed by an officer of the Scheduled Commuter Carrier, and which contains: (a) a statement of the date on which the Scheduled Commuter Carrier desires to commence operations at Buchanan Field Airport; (b) a representation that the Scheduled Commuter Carrier is capable of and will commence such operations not more than 90 days from the date of the request, if the request is granted; and (c) if the requested additional allocation would result in a total allocation to the requesting carrier which exceeded a Commuter Seat Capacity allocation of 72 daily seats,a statement acknowledging that the carrier is familiar with the provisions of Sections IV. A. 2. and IV. D. of this Plan, and that it will abide fully by the provisions of those Sections. D. Section IV. A. 1. Commuter Seat Capacity Reallocations If, at any time during the period of this Plan: (a) there is only one Scheduled Commuter Carrier operating at Buchanan Field Airport; (b) that Scheduled Commuter Carrier has received a Commuter Seat Capacity allocation of more than 72 daily seats as a result of any provision of this Plan; (c) the Manager of Airports has received a written request under Section IV. C. 1. from a second Scheduled Commuter Carrier which he has found to be adequate; and (d) the Board of Supervisors has authorized negotiations with the requesting Scheduled Commuter Carrier for commencement of service at Buchanan Field Airport, then: 1. Notice to Existing Scheduled Commuter Carrier The Manager of Airports will deliver a written notice to the existing Scheduled Commuter Carrier that its Commuter Seat HEW:d9 a:acxespin 13 (revised 11/28/89) Capacity allocation under Section IV. A. 1. will be modified to 72 daily seats effective on a date specified in the notice. The specified date shall not be less than 60 days after the date the notice is deposited in the United States Mail by the Manager of Airports or, if hand delivered to a responsible employee of the existing Scheduled Commuter Carrier, the date of such delivery. 2. Operations Adjustment by Existing Scheduled Commuter Carrier The existing Scheduled Commuter Carrier receiving a notice under Section IV. D. 1. shall immediately take such steps as may be necessary in the adjustment of its operations at Buchanan Field Airport to operate with a Commuter Seat Capacity allocation of not more than 72 daily seats. This includes, but is not limited to, providing sufficient notice to the Official Airline Guide of the changes in its schedules, necessary crew and aircraft rescheduling, and all other commercially reasonable acts which will minimize the impact of any such schedule adjustment(s) on the air traveling public. E. Section IV. A. 2. Commuter Seat Capacity Reductions If at any time during the period of this Plan: (a) any Scheduled Commuter Carrier has received a Commuter Seat Capacity allocation under authority of Section IV. A. 2. of this Plan; and (b) the Manager of Airports has received a written request under Section III. C. from a Qualified Scheduled Air Carrier which he has found to be adequate, then necessary reductions in Section IV. A. 2. Seat Capacity allocations shall be made equally among all persons which have received such allocations, and: HEW-dg amooespin 14 (revised 11/28/89) 1. Notice to Scheduled Commuter Carrier The Manager of Airports will deliver a written notice to each affected,Scheduled Commuter Carrier that its Section IV. A. 2. Commuter Seat Capacity allocation will be reduced in an amount, and effective on a date, specified in the notice. The specified date shall not be less than 60 days after the date the notice is deposited in the United States Mail by the Manager of Airports or, if hand delivered to a responsible employee of the existing Scheduled Commuter Carrier, the date of such delivery. 2. Operations Adjustment by Existing Scheduled Commuter Carrier Each Scheduled Commuter Carrier receiving a notice under Section IV. F. 1. shall immediately take such steps as may be necessary in the adjustment of its operations at Buchanan Field Airport in order to operate with a Commuter Seat Capacity allocation as reduced by the Manager of Airports' notice. This includes, but is not limited to, providing sufficient notice to the Official Airline Guide of the changes in its schedules, necessary crew and aircraft rescheduling, and all other commercially reasonable acts which will minmi�e the impact of any such schedule adjustment(s) on the air traveling public. F. Use of Allocated Commuter Seat Capacity Commuter Seat Capacity may be used (subject to all other relevant provisions of this Plan, and all other County ordinances, rules, regulations and policies) at the discretion of the Scheduled Commuter Carrier, except HEW:dg rmooespin 15 (revised 11/28/89) that Commuter Seat Capacity not used by a Scheduled Commuter Carrier during any calendar quarter may not be carried forward for use in subsequent quarters. V. SUPPLEMENTAL OR TEMPORARY ALLOCATIONS A. County Discretion Subject to the limitations of Sections III. A., IV. A., VII. A., and VII. B. of this Plan, the County reserves to itself the right, and the sole and exclusive discretion, to make supplemental or temporary allocations of Authorized Departures or Commuter Seat Capacity in such a manner, to such an extent, to such persons, and on such terms and conditions as it may deem appropriate and as best serving, in the sole and exclusive judgement of the Board of Supervisors, the goals, policies and regulations of the County in the management, operation and development of Buchanan Field Airport. B. Conditions on Supplemental or Temporary Allocations - Addendum to Lease or Operating Agreement All supplemental or temporary departure allocations, and all supplemental or temporary Commuter Seat Capacity allocations, shall be made on, and subject to, such conditions as the Board of Supervisors may determine at the time it authorizes their allocation. Any such allocation shall become effective only upon receipt by the Manager of Airports of an executed addendum to the lease or operating agreement of each Scheduled Air Carrier or Scheduled Commuter Carrier receiving any such allocation which incorporates those conditions, and which is in a form acceptable to the Manager of Airports and to the County Counsel. HEW.dg aaccespin (revised 11/28/89) 16 VI. RON LIMITATIONS AND ALLOCATIONS A. RON Restrictions 1. Scheduled Air Carriers During the period of this Plan, there shall not be more than one (1) aircraft RON at Buchanan Field Airport by Qualified Scheduled Air Carriers. 2. Scheduled Commuter Carriers During the period of this Plan, no Qualified Scheduled Commuter Carrier shall RON an aircraft at Buchanan Field Airport unless: (a) the Scheduled Commuter Carrier has made arrangements for RON privileges with the Manager of Airports, or directly with a tenant.of the County leasing space or facilities at Buchanan Field Airport; (b) the Scheduled Commuter Carrier has fully advised the Manager of Airports of the terms and conditions of any such RON arrangements with a County tenant; and (c) the Manager of Airports has given his written authorization for, or consent to, any such RON privileges or other arrangements. B. Allocation of Scheduled Air Carrier RON The Scheduled Air Carrier RON shall be allocated to the Qualified Scheduled Air Carrier with the largest number of allocated ADDs. If there are two Qualified Scheduled Air Carriers operating at Buchanan Field Airport, and if the Qualified Scheduled Air Carrier which has been allocated the RON position ceases to be the Scheduled Air Carrier operating the largest number of ADDs ("the principal Scheduled Air Carrier'), it shall cease utilization of the RON position within 30 days after the date on which it ceased to be the principal Scheduled Air Carrier. HEW-dg a omspin 17 (revised 11/28/89) C. Minimum Utilization of Scheduled Air Carrier RON If there are two Qualified Scheduled Air Carriers operating at Buchanan Field Airport, the Scheduled Air Carrier allocated the RON position shall use the RON position in respect of a scheduled departure or departures for not less than five (5) days per week. D. Penalties for Under-Utilization of RON Allocation In the event a Scheduled Commercial Air Carrier violates Section VI. C., the Manager of Airports may declare that its allocation of the Air Carrier RON position has been terminated immediately, or terminated effective on such other date as the Manager of Airports may declare. Notice of any such termination will be effective immediately upon delivery of notice to the Buchanan Field Airport Station Manager (or other local responsible official), or any other officer of the affected Scheduled Commercial Air Carrier, and such notice may be given by the Manager of Airports either orally or in writing. VII. SPECIFIC PROHIBITIONS AND ENFORCEMENT PROCEDURES A. Umit on Maximum Number of Scheduled Commercial Air Carriers During the period of this Plan, there shall not be more than a total of two (2) Qualified Scheduled Commercial Air Carriers operating at Buchanan Field Airport. B. Umit on Maximum Number of Scheduled Commuter Carriers During the period of this Plan, there ,hall.not be more than a total of two (2) Qualified Scheduled. Commuter Carriers operating at Buchanan Field Airport. HEW-dg amooespin 18 (revised 11/28/89) C. Scheduled Commercial Air Carriers - ADDs Required No person shall operate at Buchanan Field Airport as a Scheduled Commercial Air Carrier unless: (a) that person conducts its operations with ADDs or other authorized departures allocated pursuant to Section III of this Plan; (b) that person. conducts its operations with Authorized Aircraft; and (c) that person has met all other requirements of the County, including the approval by the County and execution of appropriate written agreements necessary to conduct commercial activities at Buchanan Field Airport. D. Scheduled Commuter Carriers - Seat Capacity Allocation No person shall operate at Buchanan Field Airport as a Scheduled Commuter Carrier unless: (a) that person has received a Commuter Seat Capacity allocation pursuant to Section IV. of this Plan; (b) that person conducts its operations with Authorized Aircraft; and (c) that person has met all other requirements of the County, including the approval by the County and execution of appropriate written agreements necessary to conduct commercial activities at Buchanan Field Airport. E. Prohibition Against Excess or Unpermitted Operations 1. No person requiring an allocation of ADDS for operations at Buchanan Field Airport shall operate more than its total Authorized Departures (including any authorized supplemental or temporary departures allocated under Section V. of this Plan) during any calendar quarter. 2. No person requiring a Commuter Seat Capacity Allocation made under Section IV. of this Plan shall, during any calendar quarter, operate Regularly Scheduled service with aircraft which have a total passenger seat configuration greater than the Commuter Seat HEW.dg amooespin (revised 11/28/89) 19 Capacity Allocation made to that person under Section IV., and any authorized supplemental or temporary Commuter Seat Capacity allocated under Section V. of this Plan. F. Prohibition Against Excess Noise No person requiring an allocation of ADDs or Commuter Seat Capacity for its operations at Buchanan Field Airport shall conduct commercial operations with aircraft which are not Authorized Aircraft. G. Under-Utilization of Authorized Departures or Commuter Seat Capacity It is the intent of the County that, to the extent feasible, demand for commercial air service in Contra Costa County shall be accommodated within the limits and constraints of this Plan. Therefore, whenever: (a) there are qualified operators on the Scheduled Air Carrier Waiting List, or the Scheduled Commuter Carrier Waiting List, respectively; or (b) there are requests for ADDs by incumbent Scheduled Air Carriers which, in combination, exceed the limits of Section III. A., or requests for Commuter Seat Capacity by incumbent Scheduled Commuter Carriers which, in combination, exceed the limits of Section IV. A.; then the following minimum utilization provisions shall be applicable: 1. Scheduled Commercial Air Carriers During any calendar quarter of this Plan, no Qualified Scheduled Air Carrier shall operate less than. 70% of its . Authorized Departures. 2. Scheduled Commuter Carriers During any calendar quarter of this Plan, no Qualified Scheduled Commuter Carrier shall operate less than 70% of its Commuter Seat Capacity allocation. HEW.dg waccespin 2 O (revised 11/28/89) H. Specific Enforcement Provisions - Noise In addition to any and all other remedies available to the County, the County may declare that any person which violates Section VII. F. of this Plan has immediately ceased to be a Qualified Scheduled Air Carrier, or a Qualified Scheduled Commuter Carrier, and the Manager of Airports may immediately terminate any tenancy and operating privileges of such person at Buchanan Field Airport. I. Specific Enforcement Procedures - Excess Utilization of Departure or Capacity Allocations In addition to any and all other remedies available to the County, the County may take the following actions: 1. Scheduled Commercial Air Carriers Any Scheduled Commercial Air Carrier which.violates Section VII. E. 1. of this Plan shall immediately cease to be a Qualified Scheduled Air Carrier, and the Manager of Airports may immediately terminate any tenancy and operating privileges of such Scheduled Commercial Air Carrier at Buchanan Field Airport. 2. Scheduled Commuter Carriers Any Scheduled'Commuter Carrier which violates Section VII. E. 2. of this Plan shall immediately cease to be a Qualified Scheduled Commuter Carrier, and the Manager of Airports may immediately terminate any tenancy and operating privileges of such Scheduled Commuter Carrier at Buchanan Field Airport. HEW:dg a:accespin (revised 11/28/89) 21 J. Specific Enforcement Procedures - Under-Utilization of Capacity Allocations In addition to any and all other remedies available to the County, the County may take the following actions: 1. Scheduled Commercial Air Carriers If any Scheduled Commercial Air Carrier violates Section VII. G. 1. of this Plan, then for the remainder of the term of this Plan, that Scheduled Air Carrier's ADD allocation may be reduced to the ADD level actually operated by the Scheduled Air Carrier during the period when the violation occurred, and the unused ADDS may be reallocated in accordance with the terms of this Plan. 2. Scheduled Commuter Carriers If any Scheduled Commuter Carrier violates Section VII. G. 2. of this Plan, then .for the remainder of the term of this Plan, that carrier's Commuter Seat Capacity allocation may be reduced to the number of daily seats actually operated by the Scheduled Commuter Carrier during the period when the violation occurred, and the unused Commuter Seat Capacity may be reallocated in accordance with the terms of this Plan. VIII. DISQUALIFICATION AND REPLACEMENT OF CARRIERS A. Disqualified Carriers 1. In the event any Scheduled Commercial Air Carrier ceases to be a Qualified Scheduled Air Carrier under the terms of this Plan, its then existing ADD allocation, and any RON allocation, may be terminated immediately. HEW.dg aaccespin 2 2 (revised 11/28/89) 2. In the event any Scheduled Commuter Carrier ceases to be a Qualified Scheduled Commuter Carrier under the terms of this Plan, its then existing Commuter Seat Capacity allocation may be terminated immediately. 3. In addition to any and all other remedies which may be available to the County under this Plan, or otherwise, the County may give written notice to a Scheduled Commercial Air Carrier or Scheduled Commuter Carrier operating at Buchanan Field Airport that it is no longer a Qualified Scheduled Air Carrier, or Qualified Scheduled Commuter Carrier. Not more than 10 (ten) days after receiving any such notice from the Manager of Airports (or other authorized agent of the County), delivered either by personally leaving a copy of the notice with an employee of the carrier who is regularly employed at Buchanan Field Airport, or by first class mail to the address which the carrier may designate in writing to the Manager of Airports pursuant and by direct reference to this Section, the Scheduled Air Carrier shall cease all operations at Buchanan Field Airport. If the notice is delivered by mail, it shall be deemed delivered on the date the notice is deposited in the United States Mail. B. Disqualification of Carriers In addition to any and all other provisions of this Plan, a Scheduled Commercial Air Carrier will cease to be a Qualified Scheduled Air Carrier, and a Scheduled Commuter Carrier will cease to be a Qualified Scheduled Commuter Carrier, upon any of the following events: HEW.dg a:aaespIn 23 (revised 11/28/89) 1. Breach of Agreement The carrier breaches any provision of its lease, operating agreement, or any other written agreement with the County. 2. Violation of Rule or Re l ation The carrier violates any ordinance, rule or regulation of the County in its operations at Buchanan Field Airport, including (but not limited to) any provision of this Plan. 3. Cessation of Operations a. A Scheduled. Commercial Air Carrier: (1) ceases or abandons flight operations at Buchanan Field Airport; or (2) fails to conduct scheduled flight operations at a pro-rata level of at least 50% of its total ADD allocation for any 30 day period. b. A Scheduled Commuter Carrier: (1) ceases or abandons flight operations at Buchanan Field Airport; or (2) fails to conduct scheduled flight operations during any 30 day period at a pro-rata level of aircraft seat availability of at least 50% of its Commuter Seat Capacity allocation. C. Reallocation of Disqualified Carrier's Operating Privileges In the event a Scheduled Air Carrier or Scheduled Commuter Carrier ceases to be a Qualified Scheduled Air Carrier, or Qualified Scheduled Commuter Carrier, at Buchanan Field Airport, the County reserves the right to immediately transfer or reallocate such unused ADDs, or Commuter Seat Capacity allocations, to other carriers, in such a manner, and under such HEW.dg amooespin 2 4 (revised 11=89) terms and conditions, as the County deems appropriate in order to minimize the adverse effects on the traveling public of any such disqualification, abandonment or reduction in service. DC. AIRCRAFT TEST PROCEDURES AND CERTIFICATION A. Aircraft Qualification and Certification Requirement No person shall operate any aircraft in Regularly Scheduled Commercial Service at Buchanan Field Airport unless and until such aircraft has been certified by the Manager of Airports to be an Authorized Aircraft, and qualified for operation by that person in accordance with the provisions and procedures of this Section. B. Aircraft Qualification and Certification Procedures Every person required to qualify and certify an aircraft for operation at Buchanan Field Airport shall meet the following requirements, in addition to any additional requirements or procedures which the Manager of Airports, in his sole discretion, may require in order to ensure compliance with this Plan and other regulations for Buchanan Field Airport, and all established goals and policies of the Board of Supervisors in respect of the operation and regulation of Buchanan Field Airport: 1. Information Requirements Any person proposing to qualify an aircraft as an Authorized Aircraft shall first provide to the Manager of Airports: a. such information and material as may be available to substantiate its belief that the proposed aircraft can operate as an Authorized Aircraft at Buchanan Field Airport; HEW:d9 amwespin (revised II/W89) 25 b. the aircraft model number and type, engine number and type, maximum operational gross weight in service at Buchanan Field Airport, projected typical operational weight range in service at Buchanan Field Airport based upon representative fuel and passenger loads for the aircraft as it will be used at Buchanan Field Airport; C. a complete description, together with all applicable pages from manufacturer and airline manuals, of any specific departure procedures to be used in operating the aircraft at Buchanan Field Airport; and d. any other information reasonably available to the carrier requesting certification which the Manager of Airports deems necessary in order to allow him to make a certification determination. 2. Flight Test Procedure Prior to his certification of any aircraft as an Authorized Aircraft, the Manager of Airports may require a reasonable flight qualification test of the aircraft at Buchanan Field Airport if he determines that such a test is necessary, for any reason, in order to allow him to make his certification determination. Any such test shall be conducted at a time, and in a manner, prescnbed by the Manager of Airports. HEW:dg a:accespin 2 6 (revised 11/28/89) Y If the Manager of Airports determines that the assistance of expert consultants is necessary to allow him to make his certification determination, he shall first notify the requesting carrier of the costs of retaining such consultants for purposes of qualifying its aircraft. If the requesting carrier fails to reaffirm its request, or make the necessary 'deposit, the Manager of Airports shall not take any further action in respect of certifying the aircraft. X. ADDITIONAL PROVISIONS A, Manager of Airports The Manager of Airports shall have the authority to require from each Qualified Scheduled Commercial Air Carrier, from each Qualified Scheduled Commuter Carrier, and from any potential new entrant carrier, such information, reports, applications or other related documents, in such a form or format as he may require, which he deems useful in the implementation or enforcement of the provisions of this Plan, or any other related policies, regulations or procedures for the management and operation of Buchanan Field Airport. B. Labor Strikes Notwithstanding any provision in this Plan which imposes a penalty upon, or requires a forfeiture of operating privileges, Commuter Seat Capacity, RON allocations, or status as a Qualified Carrier, a labor strike directed against the operations of a Scheduled Air Carrier or Scheduled Commuter Carrier by its employees, which is intended to disrupt the operations of the carrier, HEW:dg a:axespIn 2 7 (revised 11/28/89) may constitute good cause for waiver by the County, for such period of time as the County (in its sole and exclusive discretion) may determine, of any such provisions of this Plan. C. Partial Invalidity In the event any court of competent jurisdiction determines that any portion or provision of this Plan is invalid, illegal or unenforceable, or temporarily enjoins enforcement or application of any portion or provision of this Plan, all other provisions of this Plan shall remain enforceable and in effect unless and until revoked, suspended or modified by the Board of Supervisors; and all obligations of any person under any provision of this Plan not affected by any such court ruling or other shall remain in full force and effect. D. No waiver or Creation of Implied Policy of Enforcement Any: (a) failure of the County to take any act or action in strict enforcement of this Plan, inadvertent. or otherwise; or_ (b) affirmative waiver of enforcement by the County in a specific instance after consideration of any special requests or circumstances; shall not constitute the establishment of any express or implied policy of the County in the enforcement or non-enforcement of this Plan, and shall not be relied on by any person in making any determination, or taking any action, to violate any provision of this Plan. HEW:d9 waccespin 2 8 (revised 11/28/89)