UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, DC

SERVED SEP 12, 1995

Blanket Waiver to					|
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    U.S. CERTIFICATED AIR CARRIERS			|
                  AND					|
    PRESIDENTIAL CAMPAIGN ORGANIZATIONS			|
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of Parts 207 and 208 of the Department's Economic	|
Regulations to operate charters during the 1996		|
Election Campaign					|

ORDER GRANTING WAIVERS

During previous Presidential Election Campaigns, many campaign organizations desired to charter aircraft from commercial airlines. In response to this demand, the Department (and prior to 1985 the Civil Aeronautics Board) granted U.S. certificated carriers waivers from the provisions of 14 CFR Parts 207 and 208 of the Aviation Economic Regulations to permit them to charter aircraft to the campaign organizations. Waivers were necessary because the charters (on behalf of the campaign organizations) did not meet the regulations governing single entity charters. Specifically, for a charter group to qualify as a single entity, the participants are not permitted to pay either directly or indirectly for the air transportation. However, the campaign organizations wanted to allow Secret Service and news media personnel to travel on the flights and pay a fare. We found this practice reasonable and therefore granted appropriate waivers from the single entity rules.

In order to avoid the burden of handling numerous similar requests for the 1996 campaign on a case-by-case basis, we find again that it would be in the public interest to grant all U.S. certifi-cated carriers a blanket waiver of the provisions of Parts 207 and 208 of the Economic Regulations, specifically sections 207.11 and 208.6, to provide charter service on behalf of the 1996 Presidential Election Campaign Organizations. We will also grant similar waivers to the campaign organizations to the extent that the charters they arrange do not conform to the single entity rules.

The Presidential campaign charter service is specialized and tailored to the specific needs of the candidates. The security protection furnished by the Secret Service is provided by law, and the news coverage provided by the news media representatives accompanying the candidates provides a valuable service to the public. Therefore, acting under authority assigned in 14 CFR Part 385, we find that there are special and unusual circumstances justify-ing grant of the blanket waiver during the course of the 1996 primary and regular or general elections and that such waiver is in the public interest. The President and Vice President are the only nationally-elected officials, so the need for authority to utilize air transportation in the conduct of the campaign is clear and unique.

While authorizations for the Democratic and Republican candidates are covered in this order, other candidates will be considered on a case-by-case basis if a need is demonstrated. Only campaign organizations registered with the Federal Election Commission will be considered.

We will also at this time waive the requirements of sections 207.11 and 208.6 of the Department's Economic Regulations to the extent necessary to permit U.S. certificated air carriers to operate charters to and/or from the 1996 Republican and Democratic National Conventions carrying State Delegates and alternates, members of state and national Republican and Democratic Committees traveling on official business to the conventions, and their immediate families. Authority will be granted also to permit members of the press to accompany the delegates on these charters.

The political conventions are unique events of great importance to the American people and the American democratic process. The grant of this waiver will facilitate attendance by the delegates at these events and will permit the news media to give the public the broadest range of coverage of the conventions including the personal views of the delegates, many of whom will be unavailable to the media while the convention is in progress. We therefore believe that there are special and unusual circumstances warranting waiver of sections 207.11 and 208.6 of the Department's Economic Regulations, and that such a waiver is in the public interest. Authorizations for conventions other than the Democratic and Republican national conventions will be considered on a case-by-case basis and will be authorized if there is a showing of need.

This order is issued under authority assigned in 14 CFR 385.14(q).

ACCORDINGLY,

1. The Department grants all U.S. certificated carriers a waiver of the provisions of sections 207.11 and 208.6 of the Department's Economic Regulations to the extent that these sections would otherwise prevent the operation of charter flights for the campaign organiza-tions described in paragraph 2 below;

2. The Department grants the campaign organizations of the 1996 Democratic and Republican Presidential and Vice Presidential candidates a waiver of Parts 207 and 208 which would otherwise prohibit them from charging and receiving payment for air transportation pro-vided on a single-entity charter to Secret Service personnel, members of the press, and other communications media personnel; provided, that the relief granted shall apply only to those campaign organizations registered with the Federal Election Commission;

3. The Department waives the requirements of sections 207.11 and 208.6 of the Department's Economic Regulations to the extent necessary to permit the U.S. certificated air carriers to operate charters to and/or from the 1996 Republican and Democratic National Conventions carrying State Delegates and alternates, members of state and national Republican and Democratic Committees traveling on official business to the conventions, members of their immediate families, and members of the press;

4. The relief granted by this order to operate Presidential campaign charters will expire on November 10, 1996;

5. This order shall be served on all U.S. certificated air carriers;

6. This order may be amended, modified, or revoked at any time in the discretion of the Department without hearing; and

7. This order confirms the oral authorization given on behalf of Presidential candidate Pete Wilson's campaign organization on August 25, 1995.

This order will be effective immediately, and the filing of a petition for review shall not preclude such effectiveness.

By:

			JOHN V. COLEMAN
			 Director
			 Office of Aviation Analysis