Order 2010

- 3

- 15 Served: March 11, 2010



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 th of March, 2010

Essential Air Service at

GREAT BEND , KANSAS

Under 49 U.S.C. 41731 et seq

. DOCKET OST

- 1998

- 3 496

ORDER APPROVING ALTERNATE SERVICE PATTERN

Background By Order 200 9

- 9

- 5

, September 11 , 200 9 , the Department selected Great Lakes Aviation, Ltd.

, to provide essential air service (EAS) at Dodge City, Garden City

, Hays

, Liberal, and Great Bend

, Kansas , through September 30 , 20 11

. The order contemplated

that Great Bend would continue to receive service to Kansas City.

By letter dated March 5

, 2010, Great Bend requested that Great Lakes be allowed to switch its hub from Kansas City to Denver . Great Lakes indicated on March 8 that it would be willing to provide this alternate service with no increase in subsidy.

Decision We will approve the alternate service pattern, which meets the thre e conditions necessary for approval under authority assigned under 14 CFR 3 8 5.12(k)(3) of the Department’s Regulations: (1) the alternate service pattern is equal to or greater than that determined to be essential; (2) the community does not object to the alternate service pattern; and (3) the alternate service pattern will not increase the level of subsidy.

Because we are simply allowing the alternate service pattern and not requiring it, Great Lakes may revert to the Kansas City

- only service contemplated by Order 2009

- 9

- 5 at any time, subject to reasonable notification of the community

. 1

This order is issued under authority assigned in 14 CFR 385.12(k)(3).

1 We expect Great Lakes to notify any passengers holding reservations for travel after the suspe nsion of Kansas City service , to assist those passengers in making alternate air transportation arrangements, or to provide a refund of the ticket price, without penalty, if requested.2

ACCORDINGLY,

1. We approve the alternate service patter n requested by Great Bend

, Kansas ;

2. Th i s docket will remain open until further order of the Depart m ent; and

3. We will serve a copy of this order on the mayor and airport and city manage r s of Dodge City, Great Bend

, Kansas , and on Great Lakes A viation , Ltd.

Per sons entitled to petition the Department for review of this order under the Department’s Regulations, 14 CFR 385.30 must file such petitions within ten (10) 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.govAppendix A

DDC 292 To Denver (DEN)

GCK 329

GBD 250

HYS 297

LBL 279

DDC 303 To Kansas City (MCI)

GCK 233

GBD 338

HYS 246

LBL 373

DDC 139 To Wichita (ICT)

GCK 181

GBD 92

HYS 130

LBL 199

This map is provided by Sabre ® AirVision TM Profit Essentials and is being used with express permission of the copyright holder,

Sabre Airline Solutions®.Appendix B

Great Lakes Aviation, Ltd. , Essential Air Service to be Provided to Great Bend, Kansas , Docket OST

- 1998

- 3496

Effective Period : Start of service to Denver th r ough September 30, 2011.

Scheduled Service : 12 one

- stop round trips per week to Denver

Aircraft : Beech 1900, 19 seats
Rate per Eligible Flight: $ 1,033 1

Weekly Ceiling : $ 24,792 2

Example of General Terms and Conditions for Essential Air Service

Note: The carrier understands that it may forfeit its compensation for any flights that i t 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 significan t elements of the required service, without prior approval. The carrier understands that an airc raft 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 consider ed eligible for subsidy. In addition, if the 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 carrier contemplates any such changes beyond the scope of the order during the applicable period of this rate, 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 circumsta nces warrant, the Department may locate and select a replacement carrier to provide service on these routes. The carrier must complete all flights that can be safely operated; flights that overfly points for lack of traffic w ill not be compensated. In de termining 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 complete, 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 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 carrier do not constitute a total or partial reduction or cessation of payment.

Funds are not currently available for performance under this order beyond September 30, 20 10 . The Government’s obligation for performance under this order beyond September 30, 2010 , is subject to the availability of appropriated funds from which payment for services can be made. No legal liability on the part of the Government for any

paym ent may arise for performance under this order beyond September 30, 20 10 , until funds are made available to the Department for performance. If funds are not made available for performance beyond September 30, 2010 , the Department will provide notice in writing to the carrier.

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

opera te to controvert the foregoing paragraph.

All claims for payment must be submitted within 60 days of the last day of service provided under this order.

1 Annual compensation of $1,257,617 divided by 1, 217 estimated annual completed departures and arrivals:

24 one

- way flights/week x 52 weeks x 97.5 percent completion = 1,217 departures per year.

2 24 flights/week x $1,033.