Order 2010-1-3 Served: January 5, 2010



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

Issued by the Department of Transportation

on the 5 th day of January, 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 Departm ent 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 February 12, 2010

.

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

the com munities 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 January 13, 2010 , by

Order 2009-12-6

.

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. Ho wever, since the carrier selection process is still in progress at some communities and replacement service will not have been inaugurated at the others, in accordance with 49 U.S.C. 41734(c), we will require Mesaba to provide the2

service levels at all eight communities as prescribed in the ordering paragraphs of Order 2009-7- 16, as adjusted by Order 2009-8-10. 1

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

ACCORDINGLY,

1. W e 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 February 12, 2010, or until suitable replacement service actually begins, whichever occurs first; 2

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, whiche ver 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.

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

1 As discussed in Footnote 7 of Order 2009-8-10, we are holding Mesaba to 14 nonstop round trips at Hancock/Houghton.

2 In accordance with 49 U.S.C. 41734( c), we will extend Mesaba’s servi ce obligation for successive 30-day periods, as necessary, until suitable replacement service actually begins.