Order 2013-9-6

Served: September 9, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 9th day of September, 2013

ORDER REQUESTING PROPOSALS

Summary

By this Order, the Department is soliciting proposals from air carriers interested in providing 

Essential Air Service (“EAS”) at Port Alexander, Alaska, for a new contract, beginning 

March 1, 2014, with or without subsidy. Air carriers should file their proposals no later than 

October 15, 2013. (See Appendix A for a service area map.) 

Background

By Order 2012-2-15, issued on February 21, 2012, we selected Harris Aircraft Service, Inc. 

(“Harris Air”) to provide subsidized EAS with three-seat Cessna 185 aircraft at Port Alexander

for the two-year period ending February 28, 2014, at an annual subsidy rate of $75,293.

The complete public file for EAS at Port Alexander may be accessed online through the Federal 

Dockets Management System at: http://www.regulations.gov by entering “DOT-OST-1999-

6244” in the “SEARCH for: Rules, Comments, Adjudications or Supporting Documents:” field.

Request for Proposals

As the end of the current contract approaches, we are here requesting proposals from air carriers 

interested in providing service at Port Alexander, with or without subsidy, for a new contract

beginning March 1, 2014. Air carriers should file their proposals no later than October 15, 2013. 

After that date, our staff will then docket proposals, thereby making them public, and direct each 

air carrier to serve a copy of its proposal on the civic parties and other applicants. Shortly 

thereafter, we will provide a summary of the proposals to community officials and ask them for 

their final comments. We will give full consideration to all proposals filed in a timely manner.1

 

1 Air carriers should not expect the Department to accept late filings. In cases where an air carrier proposes to 

provide Essential Air Service without subsidy and we determine that basic EAS as required by 49 U.S.C. § 41732 

can be reliably provided without such compensation, we typically do not proceed with the carrier-selection case.

Instead, we simply rely on that carrier’s subsidy-free service as proposed.

Essential Air Service at

PORT ALEXANDER, ALASKA

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

Docket DOT-OST-1999-6244
2

Interested air carriers should prepare their proposals with every expectation that their initial 

proposals will represent their final and only proposals. However, we retain the discretion to 

negotiate proposals with air carriers when we deem it desirable; in such cases, of course, we will 

give all applicants the same opportunity. We also retain the discretion to reject outright all 

unreasonable or unrealistic proposals and re-solicit a new round of proposals. However, 

negotiation or rejection are only an occasional exception to the rule.

We are here providing interested air carriers with some basic information to serve as guidance 

when they prepare their proposals, but we will not prescribe a precise format for their proposals. 

We expect proposals to adequately describe the service being proposed and the annual amount of 

subsidy being requested. The applicants can make their own judgments as to the level of detail 

they wish to present; however, they might want to include proposed schedules as well as 

supporting data for their subsidy requests, such as projected block hours, revenues and expenses. 

We strongly encourage clear, well-documented proposals that will facilitate their evaluation by 

the affected communities and the Department.2

As noted below, Port Alexander generated approximately 3 enplanements per week during 

calendar year 2012. Specifically, we request proposals for two nonstop round trips per week

with 3-seat aircraft. Service should generally be to Sitka, Alaska. 

Air carriers are also welcome to propose more than one option, if they choose; they need not 

limit themselves to those requirements if they envision other, potentially more attractive service 

possibilities -- different hub, frequency or equipment, for example -- with subsidy requirements 

that remain competitive. The community and air carriers are encouraged to work together in 

advance of the due date for proposals to craft a service pattern that is desirable to the community 

and meets the operational needs of the airlines.

Service and Traffic History

Proposals should provide sufficient capacity to accommodate historical levels of traffic. In order to 

assist air carriers in developing traffic and revenue projections for their proposals, we have provided 

a summary of historical passengers in Appendix B. During the calendar year ended 2012, the most 

recent calendar year period for which data are available, Port Alexander enplaned 160

passengers.3 We expect service levels that are consistent with what the community currently 

receives, with service to any large- or medium-hub airport that offers access to the national air 

transportation system. The community currently receives two nonstop round trips a week between 

Port Alexander and Sitka, utilizing three-seat Cessna 185 aircraft. As always, we will formally 

 

2 In selecting a carrier to provide subsidized EAS in Alaska, 49 U.S.C. § 41733(c)(1) directs us to consider six

factors: (1) service reliability; (2) contractual and marketing arrangements with a larger air carrier at the hub; (3) 

interline arrangements with a larger air carrier at the hub (4) community views; (5) the experience of the applicant in 

providing, in Alaska, scheduled air service or significant patterns of non-scheduled air service; and (6) whether the 

air carrier has included a plan in its proposal to market the service. In addition, Consolidated Appropriations Act, 

2012, Public Law 112-55, and continued by the Full-Year Continuing Appropriations Act, 2013, Public Law No. 

113-6, provides that when selecting a carrier to provide EAS, the Department may consider the relative subsidy 

requirements, thus codifying a factor that we have considered since the inception of the program. Interested air 

carriers should also be aware that our general provisions governing Essential Air Service will be included in the 

selection Order as part of our authorization of subsidy for the selected service. Appendix C of this Order contains 

those general provisions.

3 See Appendix B for historical traffic data. Enplanements represent one-half of total origin-and-destination traffic.
3

solicit the community’s views on any service options we receive before making a long-term carrier 

selection decision.

Filing Requirements

Air carrier proposals should be submitted to the Department with all materials merged into a 

single document. The document will be published on www.regulations.gov and each page 

should be formatted to be viewed online. 

Other Carrier Requirements

The Department is responsible for implementing various Federal statutes governing lobbying 

activities, drug-free workplaces, and nondiscrimination.4 Consequently, all air carriers receiving 

Federal subsidy for EAS must certify that they are in compliance with Department regulations 

regarding drug-free workplaces and nondiscrimination, and those air carriers whose subsidies 

exceed $100,000 over the life of the rate-term must also certify that they are in compliance with 

the regulations governing lobbying activities. Because the Department is prohibited from paying 

subsidy to air carriers that do not submit these documents, all air carriers that plan to submit 

proposals involving subsidy should be aware that the selected air carrier will be required to 

complete the required certifications. Interested air carriers requiring more detailed information 

regarding these requirements should contact the Office of Aviation Analysis at (202) 366-5903.5

Community and State Comments

The community and State are welcome to submit comments at any time. We encourage 

prospective applicants to contact the community before they submit their proposals so that they 

can tailor them to the community’s needs, as they will not be able to amend them after the due 

date. As noted earlier, we will provide a summary of the proposals to the civic parties and ask 

them to submit their final comments shortly after October 15, 2013, the due date for proposals.

This Order is issued under authority delegated in 49 CFR Part 1.25a(b) and re-delegated to the 

Director, Office of Aviation Analysis.

ACCORDINGLY,

1. We request that air carriers interested in providing Essential Air Service at Port Alexander, 

Alaska, submit their proposals, with or without subsidy requests, no later than October 15, 2013. 

The proposals should be e-mailed to: EAS@dot.gov with the title “Proposal to Provide Essential 

Air Service at Port Alexander, Alaska, Docket DOT-OST-1999-6244;”6

2. This docket will remain open until further order of the Department; and

 

4 The regulations applicable to these areas are: (1) 49 CFR Part 20 -- restrictions on lobbying; 

(2) 49 CFR Part 21 -- Nondiscrimination in federally-assisted programs of the Department of Transportation --

Effectuation of title VI of the Civil Rights Act of 1964; 49 CFR Part 27 -- Nondiscrimination on the basis of 

disability in programs and activities receiving or benefiting from Federal financial assistance; and 14 CFR Part 382 -

- Nondiscrimination on the basis of disability in air travel; and (3) 49 CFR Part 29 -- Government-wide debarment 

and suspension (non-procurement) and government-wide requirements for drug-free workplace (grants).

5 The certifications are available online under “Reports and Publications” at http://www.dot.gov/policy/aviationpolicy/small-community-rural-air-service/essential-air-service.

6 Questions regarding filings in response to this Order may be directed to Scott Faulk at (202) 366-9721 or 

scott.faulk@dot.gov.
4

3. We will serve copies of this Order on the Mayor and Airport Manager of Port Alexander, 

Alaska, and the service list for this Docket.

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

Aviation Economic Regulations, 14 CFR Part 385.31(a), must file such petitions 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 the World Wide Web at

http://www.regulations.gov
Appendix A

AREA MAP
Appendix B

Passenger Traffic at Port Alexander1

Year Ending Total 

Enplanements

Total 

Deplanements Total Traffic

December 31, 2010 95 81 176

December 31, 2011 165 145 310

December 31, 2012 164 157 321

 1 Source: Bureau of Transportation Statistics: Schedule T-100
Appendix C

Example of General Terms and Conditions for Essential Air Service

The air carrier understands that it may forfeit its compensation for any flights that it does 

not operate in conformance with the terms and stipulations of the rate Order, including

the service plans outlined in the Order and any other significant elements of the required 

service, without prior approval. The air carrier understands that an aircraft take-off and 

landing at its scheduled destination constitutes a completed flight; absent an explanation 

supporting subsidy eligibility for a flight that has not been completed, such as certain 

weather cancellations, only completed flights are considered eligible for subsidy. In 

addition, if the air carrier does not schedule or operate its flights in full conformance with 

the Order for a significant period, it may jeopardize its entire subsidy claim for the period 

in question. If the air carrier contemplates any such changes beyond the scope of the

Order during the applicable period of these rates, it must first notify the Office of

Aviation Analysis in writing and receive written approval from the Department to be

ensured of full compensation. Should circumstances warrant, the Department may locate

and select a replacement air carrier to provide service on these routes. The air carrier

must complete all flights that can be safely operated; flights that overfly points for lack of

traffic will not be compensated. In determining whether subsidy payment for a deviating

flight should be adjusted or disallowed, the Department will consider the extent to which 

the goals of the program are met and the extent of access to the national air transportation 

system provided to the community.

If the Department unilaterally, either partially or completely, terminates or reduces 

payments for service or changes service requirements at a specific location provided for 

under this Order, then, at the end of the period for which the Department does make 

payments in the stipulated amounts or at the stipulated service levels, the air carrier may 

cease to provide service to that specific location without regard to any requirement for 

notice of such cessation. Those adjustments in the levels of subsidy and/or service that 

are mutually agreed to in writing by the Department and air carrier do not constitute a

total or partial reduction or cessation of payment.

Subsidy contracts are subject to, and incorporate by reference, relevant statutes and 

Department regulations, as they may be amended from time to time. However, any such 

statutes, regulations, or amendments thereto shall not operate to controvert the foregoing 

paragraph.

Funds may not be available for performance under this Order beyond September 30, 2013. 

The Government’s obligation for performance under this Order beyond September 30, 2013, 

is subject to the availability of funds from which payment for services can be made. No legal 

liability on the part of the Government for any payment may arise for performance under this 

Order beyond September 30, 2013, until funds are made available to the Department for 

performance. If sufficient funds are not made available for performance beyond 

September 30, 2013, the Department will provide notice in writing to the carrier. 

All claims for payment, including any amended claims, must be submitted within 90 days of 

the last day of the month for which compensation is being claimed. For example, claims for 

service provided in July must be filed by October 31st; August claims must be submitted by 

November 30th, and so on.