Order 20 10

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- 21

Served: February 19 , 20 10



### UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19 th day of February , 20 10

Essential Air Service at

LEBANON, N EW 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 o f 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 200 8

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, July 25 , 200 8 , the Department selected Cape Air to provide subsidized

essential air service at Lebanon for the two

- year period through November 3 0 , 20 1 0 . 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 Ai rport 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 unanimousl y 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 Depart ment’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 subsid y.

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, Off ice of Aviation Analysis.

ACCORDINGLY,

1. We approve the alterna te 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 a nnual subsidy rate and payout formula set forth in Appendix C of

Order 2008

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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 manage r 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