Order 2013-3-4

Served: March 7, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 7th day of March, 2013

Essential Air Service at 

MACON, GEORGIA

Under 49 U.S.C. 41731 et seq. 

DOCKET DOT-OST-2007-28671

 

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this Order, the Department of Transportation extends the Essential Air Service (“EAS”) 

obligation of Pacific Wings, L.L.C., d/b/a Georgia Skies (“Pacific Wings”), at Macon, Georgia, 

for an additional 30 days, through April 22, 2013. 

Background

On April 26, 2012, Pacific Wings filed a 90-day notice with the Department of its intent to 

terminate its unsubsidized service at Macon, effective July 26, 2012. Pacific Wings’ proposed 

termination of service at Macon would have left the community with no scheduled air service. 

As a result, the Department issued Order 2012-5-25, on May 24, 2012, which prohibited Pacific 

Wings from terminating service for 30 days beyond the end of the 90-day notice period, i.e. 

August 25, 2012, and requested proposals from air carriers interested in providing EAS at 

Macon, with or without subsidy. In response to that Order, we received two proposals.

By Order 2012-9-6, issued on September 6, 2012, the Department selected Sun Air Express, 

L.L.C. d/b/a Sun Air International (“Sun Air”) to provide subsidized EAS at Macon for a twoyear contract. However, on December 20, 2012, Sun Air sent an e-mail to the Department 

withdrawing from the case and encouraging the re-solicitation of proposals for EAS at Macon. 

Sun Air explained that it is undergoing an aggressive expansion and experiencing challenges in 

completing pilot recruiting and training and establishing maintenance bases in Texas, Maryland, 

and Pennsylvania that has proven more difficult than anticipated. As a result, on 

January 4, 2013, the Department issued Order 2013-1-5, requesting proposals from air carriers 
-2-

interested in providing replacement EAS at Macon. In response to that Order, the Department 

received four proposals. By Order 2013-2-26, issued on February 27, 2013, we selected Silver 

Airways (“Silver”) to provide EAS at the community for a new contract, for an annual subsidy of 

$1,998,696.

The current hold-in period expires on March 23, 2013, and replacement service is not anticipated 

to commence until April 1, 2013. Therefore, in accordance with 49 U.S.C. § 41734(c), we must 

extend the service obligation of Pacific Wings for an additional 30 days, through April 22, 2013, 

or until Silver actually begins service at Macon, whichever occurs first. 

This Order is issued under the authority assigned in 14 CFR Part 385.12(k)(5). 

ACCORDINGLY,

1. The Department prohibits Pacific Wings, L.L.C., d/b/a Georgia Skies, from suspending its

service at Macon, Georgia, for an additional 30 days, through April 22, 2013, or until Silver 

Airways actually commences air transportation services at the community, whichever occurs 

first;1

2. The Department directs Pacific Wings, L.L.C., d/b/a Georgia Skies, to retain all books, 

records, and other source and summary documentation to support subsidy claims for payment, 

and to preserve and maintain such documentation in a manner that readily permits its audit and 

examination by representatives of the Department. Such documentation shall be retained for 

seven years from the date of service of this Order, or until the Department indicates that the 

records may be destroyed, whichever comes first. Copies of flight logs for aircraft sold or 

disposed of must be retained. The air carrier may forfeit its compensation for any claim that is 

not supported under the terms of this Order; 

3. Docket DOT-OST-2007-28671 will remain open until further order of the Department; and

4. The Department will serve a copy of this Order on the Mayor and Airport Manager of Macon, 

Georgia, and on Pacific Wings, L.L.C., d/b/a Georgia Skies, and Silver Airways.

 1 In accordance with 49 U.S.C. § 41734(c), we will extend the air carrier’s service obligation for successive 30-day 

periods as necessary until replacement service actually begins. 
-3-

Persons entitled to petition the Department for review of this staff action under the Department’s 

Aviation Economic Regulations, 14 CFR Part 385.31(a), must file such petition within seven (7) 

days after the date of service of this Order.

This Order will be effective immediately, and the filing of a petition for review shall not 

preclude its effectiveness. 

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

(SEAL)

An electronic version of this document is available online at

www.regulations.gov