 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

on the  2nd day of December, 2002

	Application of

 		Aloha Island Air, Inc.	OST Dkt. 2002-13687

		(d/b/a Island Air, Inc.)

 	Emergency Exemption from 

 	the Requirements of 14 CFR 382.40a	Served: December 4, 2002 

    		

Order Granting Emergency Exemption

By this order, we grant Aloha Island Air, Inc., d/b/a Island Air, Inc.,
(“Island”), a commuter air carrier, a limited emergency exemption
from the requirements of 14 CFR 382.40a from December 4, 2002, through
February 1, 2003.  The cited provision requires that air carriers have
in place mechanical lifts for assisting in the embarkation of disabled
passengers at airports which lack level-entry loading bridges or mobile
lounges.  The provision applies to points enplaning at least 10,000
passengers a year which are served by aircraft of more than 30 seats and
affects a number of points served by Island.  

Although not specifically requested, we are also granting an exemption
to the State of Hawaii from the requirements of 49 CFR 27.72.  The
State, as the operator of the airports which are the subject of the
carrier’s request, has joint responsibility with the carrier for
implementing the boarding assistance requirement at issue here.  Since
the State of Hawaii’s Department of Transportation filed comments in
support of the carrier’s application, we will consider the carrier’s
and State’s filings as a joint request for relief from 14 CFR 382.40a
and 49 CFR 27.72.  

Background

In an application filed October 25, 2002, Island requested that the
mechanical lift requirement, which currently becomes effective December
4, be deferred with respect to the carrier’s operations at five
airports in Hawaii for a period of approximately two months. In support
of its application, the carrier states that additional time to implement
the rule is needed in order to transport the lifts to Honolulu, Kahului,
Kapalua, Lanai, and Molokai, the five airports subject to the request. 
The mechanical lifts, the carrier states, have been ordered and were
scheduled for transportation by ocean freight in early October 2002. 
The recent extended labor dispute affecting West Coast ports, however,
caused delays in the shipping date.  Further, increasing the shipping
time, the mechanical lifts must travel via barge from Honolulu, Oahu to
reach the Kahului, Kapalua, Lanai, and Molokai airports.  Given the size
of the mechanical lifts, Island cannot transport them on its aircraft.  

Island also asserts that the number of estimated passenger enplanements
at the affected airports during December 2002 and January 2003 should be
small.  Specifically, during December 2002 and January 2003 the number
of enplanements at Honolulu, Kahului, Kapalua, Lanai, and Molokai
airports are expected to be 26,719, 3,538, 7,315, 8,027, and 14,612,
respectively.  The percentage of these passengers requesting mechanical
lifts should be very small.  Island also states that until it receives
the mechanical lifts it will ensure that any disabled travelers at the
five airports affected will be accommodated in a dignified, safe manner
otherwise consistent with the requirements of 14 CFR Part 382.  

The State of Hawaii has filed comments in support of the carrier’s
application.  According to the State of Hawaii’s Department of
Transportation, it has negotiated and entered into an agreement with
Island allocating the responsibility of regulatory compliance on this
issue.  As such, it urges the granting of the temporary exemption.

Decision

Upon review of the carrier’s application, we have decided to grant
Island’s request for an emergency exemption from 14 CFR 382.40a.  In
reaching this decision, we note that the carrier already had taken steps
that would have resulted in compliance with the lift requirement, and
only due to circumstances that were unforeseeable and beyond its control
is this exemption necessary.  We further note that the number of
passengers affected by the delayed compliance appears to be small.  This
small number of enplanements by disabled air travelers will limit the
number of assistance requests made during the two months in which the
exemption will be effective.  Moreover, the carrier has assured us that
it will provide dignified, safe boarding of all such passengers.  On
these bases, we find that granting the requested emergency exemption
from the provision requiring the availability of mechanical lifts at the
Honolulu, Kahului, Kapalua, Lanai, and Molokai airports is consistent
with the public interest.  

As the operator of the airports involved, the State of Hawaii is subject
to the requirements of 49 CFR Part 27, which applies the mandate of
non-discrimination toward disabled persons to recipients of federal
funds under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).  Pursuant to 49 CFR 27.72 and 14 CFR 382.40a, air carriers and
airport operators are jointly responsible for compliance with the
boarding assistance requirements, including the provision of mechanical
lifts.  In view of the State of Hawaii’s support of the carrier’s
application, we will consider the carrier’s application as requesting
similar relief for the airport operator and will grant the State of
Hawaii an exemption from the requirements of 49 CFR 27.72, to the extent
that it obligates the State to provide mechanical lifts at the Honolulu,
Kahului, Kapalua, Lanai, and Molokai airports, for the same period
stated in the carrier’s application. 

ACCORDINGLY, acting under the authority of 49 CFR 5.13,

1.	Aloha Island Air, Inc., d/b/a Island Air, Inc., is granted an
exemption from the requirement of 14 CFR 382.40a that it have in place
mechanical lifts to assist in boarding disabled passengers at the
Honolulu, Kahului, Kapalua, Lanai, and Molokai airports for the period
from December 4, 2002, to February 1, 2003; 

2. 	The Hawaii Department of Transportation, as the operator of airports
at Honolulu, Kahului, Kapalua, Lanai, and Molokai, is granted an
exemption from 49 CFR 27.72 to the extent that it requires that the
airport operator have in place mechanical lifts to assist in boarding
disabled passengers at those locations for the period from December 4,
2002, through February 1, 2003; and

3.	A copy of this order will be served on Aloha Island Air, Inc., and
the Hawaii Department of Transportation.

 

The action in this order is effective when taken and the filing of a
petition for review shall not alter its effectiveness.

By:

Norman Y. Mineta

                        Secretary

(SEAL)

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov

  PAGE  2 

Order 2002-12-4 

