Order 2010-2-4

Served: February 2, 2010

 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

 

Issued by the Department of Transportation

on the 2nd day of February, 2010

Essential Air Service at

ALPENA, MICHIGAN 

HANCOCK/HOUGHTON, MICHIGAN 

MUSKEGON, MICHIGAN 

SAULT STE. MARIE, MICHIGAN 

EAU CLAIRE, WISCONSIN 

INTERNATIONAL FALLS, MINNESOTA 

PADUCAH, KENTUCKY 

TUPELO, MISSISSIPPI 

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

DOCKET OST-2009-0300 

DOCKET OST-2009-0302 

DOCKET OST-2009-0301 

DOCKET OST-2009-0303 

DOCKET OST-2009-0306 

DOCKET OST-2009-0304 

DOCKET OST-2009-0299 

DOCKET OST-2009-0305 

 

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this order, the Department of Transportation extends the essential air service (EAS) 

obligation of Mesaba Aviation, Inc. (Mesaba), at the above-captioned communities, for an 

additional 30 days, through March 15, 2010.1

Background

On July 14, 2009, Mesaba filed a 90-day notice of its intent to suspend its subsidized service at 

the communities captioned above, effective October 12. By Order 2009-7-16, July 16, 2009, the 

Department prohibited the carrier from suspending service through November 12 at the

communities, and requested proposals, with subsidy if necessary, from carriers interested in 

providing replacement service. As required by 49 U.S.C. 41734, we have extended Mesaba’s

service obligation for additional 30-day periods, the latest through February 12, 2010, by 

Order 2009-12-6.

 1 Since March 14th is a Sunday, this hold-in period will end on Monday, March 15th. (See 14 CFR 302.08.)
2

By Order 2009-10-8, issued October 16, 2009, the Department (1) selected SkyWest Airlines to 

provide replacement service at Eau Claire, WI, Hancock/Houghton and Muskegon, MI, and 

Paducah, KY; and (2) requested proposals from carriers interested in providing replacement 

service at Alpena and Sault Ste. Marie, MI, International Falls, MN, and Tupelo, MS.

SkyWest is scheduled to inaugurate service at Muskegon and Paducah on February 11, and at Eau 

Claire and Hancock/Houghton on February 28. However, the carrier selection process is still in 

progress at four communities and replacement service will not have been inaugurated at two

others. At Muskegon and Paducah, we fully expect that SkyWest will begin service on 

February 11 as planned, thus allowing Mesaba to suspend service. However, as an abundance of 

caution, in accordance with 49 U.S.C. 41734(c), we will require Mesaba to provide the service 

levels at all eight communities as prescribed in the ordering paragraphs of Order 2009-7-16, as 

adjusted by Order 2009-8-10, until replacement service is fully in place.2

This order is issued under authority assigned in 14 CFR 385.12(k)(5).

ACCORDINGLY,

1. We require Mesaba Aviation, Inc., to maintain the level of essential air service at the abovecaptioned communities as described in Order 2009-7-16, for an additional 30 days, through 

March 15, 2010, or until suitable replacement service actually begins, whichever occurs first;3

2. We direct Mesaba Aviation, Inc., 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 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 carrier may forfeit its compensation for any 

claim that is not supported under the terms of this order;

3. These dockets will remain open until further order of the Department; and

4. We will serve copies of this order on the mayors and airport managers of Alpena, 

Hancock/Houghton, Muskegon, and Sault Ste. Marie, MI, Eau Claire, WI, Paducah, KY, Tupelo, 

MS, and on Mesaba Aviation, Inc.

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

Regulations, 14 CFR 385.50, must file such petitions within ten (10) days after the date of 

service of this order.

 2 As discussed in Footnote 7 of Order 2009-8-10, we are holding Mesaba to 14 nonstop round trips at 

Hancock/Houghton.

3 In accordance with 49 U.S.C. 41734(c), we will extend Mesaba’s service obligation for successive 30-day periods, 

as necessary, until suitable replacement service actually begins.
3

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

www.regulations.gov