Thank you for your question. This is not legal advice so I am posting a citation of the rule first:
49 U.S. Code § 41732 - Basic essential air service
U.S. Code
Notes
(5) "service provided in aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation has not been provided to the place in aircraft with at least 2 engines and using 2 pilots for at least 60 consecutive operating days at any time since October 31, 1978."
Right now, the rule is not being adhered to according to the language of the rule, since only 2 engines fly to McGrath, but from passenger reports, the airline is not using 2 pilots.
This means that the rule has not been applied since RAVN left the market April 5, 2020, over 4-years ago. And, since there has been a greater than 60 consecutive operating day gap in scheduled EAS service with 2 engines and 2 pilots, the rule does not apply, and the community can choose another air carrier with either single engine or 2 engines and 2 pilots. It opens the door for that choice. Again, it is really up to the community to weigh in on what proposal has merit in this case.
Q. The questions: What rule states that the community could or could not select a proposal for aircraft with 2 engines and 2 pilots if a single engine turboprop is currently the incumbent?
A. We have yet to locate any Federal rule that says a community currently served by an incumbent single engine turboprop aircraft will lose the ability vote for a subsequent EAS proposal using 2 engines and 2 pilots. We have only located the rule that we have stated previously: 49 U.S. Code § 41732 - Basic essential air service (5).
We understand your concern, and the rule is the best guidance we can provide. Please let us know if you have questions.
Best,
Josie & Team AAT
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