Order 2010-2-21

Served: February 19, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19th day of February, 2010

Essential Air Service at

LEBANON, NEW HAMPSHIRE

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

DOCKET DOT-OST-2003-14822

ORDER APPROVING ALTERNATE SERVICE PATTERN

Summary

By this order, the Department is approving the request of Cape Air, Inc., to alter Lebanon’s

service pattern by eliminating two of its six daily nonstop round trips between Lebanon and

Boston and replacing them with two daily nonstop round trips to Westchester County Airport in 

White Plains, New York.

Background

By Order 2008-7-27, July 25, 2008, the Department selected Cape Air to provide subsidized 

essential air service at Lebanon for the two-year period through November 30, 2010. That order 

established an annual subsidy rate of $2,245,669, for service consisting of six nonstop round 

trips per day to Boston Logan International Airport with 9-seat Cessna 402 aircraft

Carrier Proposal

On February 5, Cape Air requested to alter the current service pattern at Lebanon by replacing 

two of its six daily round trips to Boston with two daily round trips to White Plains, with no 

change to the annual or per-flight subsidies. Service would continue to operate on a nonstop 

basis with 9-seat Cessna 402 aircraft.

Community Comments

Also on February 5, Len Jarvi, Lebanon’s Interim City Manager, indicates that the Lebanon City 

Council unanimously supports Cape Air’s request to change two of its daily nonstop flights to 

White Plains.
2

Decision

We will approve Cape Air’s request, which meets the three conditions necessary for approval 

under authority assigned under 14 CFR 385.12(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 Cape Air’s subsidy.

Because we are simply allowing the alternate service pattern and not requiring it, Cape Air may 

revert to the original service pattern at any time.

This order is issued under authority delegated in 49 CFR 1.56a(f) and re-delegated to the 

Director, Office of Aviation Analysis.

ACCORDINGLY,

1. We approve the alternate service pattern requested by Cape Air, Inc., to serve Lebanon, New 

Hampshire, with four nonstop round trips per day to Boston and two nonstop round trips per day 

to White Plains, at the annual subsidy rate and payout formula set forth in Appendix C of 

Order 2008-7-27;

2. Docket DOT-OST-2003-14822 will remain open until further order of the Department; and

3. The Department will serve a copy of this order on the mayor and airport manager of Lebanon, 

and Cape Air.

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.

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