Order 2013

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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 7 th day of March , 201 3

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 O rder, the Departme nt 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

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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

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- 25, on May 24, 2012, which prohibited Pacific Wings from terminating servi ce 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

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

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. d/b/a Sun Air International (“Sun Air”) to provide subsidized EAS at Macon for a two

year contract. However, on December 20, 2012, Sun Air sent an e

- mail to the Departm ent withdrawing from the case and encouraging the re

- solicitation of proposals for EAS at Macon. Sun Air explained that it is und ergoing an aggressive expansion and experiencing challenges in completin g pilot recruiting and training and establishing maint enance 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

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- 5, requesting proposals from air carriers- 2

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interested in providing replacement EAS at Mac on. In response to that Order, the Department received four proposals

. By Order 2013

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- 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 c urrent hold

- in period expires on March 23, 2013, and r eplacement service is not anticipated

to commence until April 1, 2013. Therefore, i n accordance with 49 U.S.C. § 41734(c), we must extend the service obligation of Pacific Wings for an additional 30 da ys, 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

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. 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 perm its 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. C opies 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 o rder of the Department; and

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. The Department will serve a copy of this Order on the M ayor and A irport M anager 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

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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 on line at www.regulations.gov