Order 20 10

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- 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 2 nd day of February , 20 10 Essential Air Service at ALPENA, MIC HIGAN 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) oblig ation of Mesaba Aviation , Inc. (Mesaba) , at the above

- captioned communities , for an additional 30 days, through March 1 5 , 2010
. 1 Background On July 14 , 200 9 , Mesaba filed a 90

- day notice of its intent to suspend its subsidized service at the communities c aptioned above, effective October 12
. By Order 200 9

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- 16 , July 16 , 200 9 , 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 1 2 , 2 010 , by Order 200 9

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.

1 Since March 14 th is a Sunday, this hold

- in period will end on Monday, March 15 th . (See 14 CFR 302.08.)2 By Order 2009

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- 8, issued October 16, 200 9, the Departme nt (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 pro gr ess at four commun ities 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, i n 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

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- 16, as adjusted by O r der 2009

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- 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 above

captio ned communities as described in Order 2009

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- 16, for an additional 30 day s , through March 1 5 , 20 10 , or until suitable replacement service actually begins, whichever occurs first ; 3 2. We direct Mesaba Aviation, Inc., to retain all books, records, and othe r 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 suppo rted under the terms of this order; 3. The s e docket s will remain open until further order of the Department; and 4. We will serve copies of this order on the mayor s and airport manager s of Alpena, Hancock/Houghton, Muskegon, and Sault Ste. Marie, MI , E au 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 se rvice of this order.

2 As d iscussed in Footnote 7 of Order 2009

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- 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