Order 2012

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Served: October 11, 2012



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 th day of October , 2012

Essential Air Service at

MACON, GEORGIA

Under 49 U.S.C. 41731 et seq

. DOCKET DOT

- OST

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- 28671

ORDER EXTENDING SERVICE OBLIGATION

Summary By this O rder, the Departme nt of Transportation extends the Essential Air Service (“EAS”) obligation of Pacific Wings, L.L.C., d/b/a Georgia Skies (“Pacific Wings”)

, at Macon, Georgia

, for an additional 30 days , through November 23 , 2012.

Background On April 26, 2012, Pacific Wings filed a 90

- day notice with the Department of its intent to terminate its unsubsidized service at Macon, effective July 26, 2012. By Order 2012

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, issued on May 24, 2012 , the Department prohibited Pacific Wings from suspending service at

Macon and requested proposals , with subsidy if necessary, from air carriers interested in providing replacement servic e

. In response to that Order, we received two proposals.

By Order 2012

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- 6, issued on September 6, 2012, the Department selected Sun Air Express, LLC d/b/a Sun Air International to provide subsidized EAS at Macon for a two

- year contract. However, r eplacement service may not commence before October 24 , 2012, the end of the

current hold

- in period. In accordance with 49 U.S.C. § 41734(c), we must extend the service obligations of Pacific Wings for an additional 30 days, or until replacement service ac tually begins, whichever occurs first.

This Order is issued under the authority assigned in 14 CFR Part 385.12(k)(5).2

ACCORDINGLY,

1. The Department prohibits Pacific Wings, L.L.C., d/b/a Georgia Skies , from suspending its

service at Macon, Geor gia

, for an additional 30 days, through November 23 , 2012

, or until Sun Air Express, LLC d/b/a Sun Air International actually begins service, whichever comes first; 1

2

. The Department directs Pacific Wings, L.L.C., d/b/a Georgia Skies

, 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 from the date of service of this Order, 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 reta ined. The air carrier may forfeit its compensation for any claim that is not supported under the terms of this Order ;

3. D ocket DOT

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- 28671 will remain open until further o rder of the Department; and

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. The Department will serve a copy of this Order on the mayor and airport manager of Macon, Georgia

, and on Pacific Wings, L.L.C., d/b/a Georgia Skies

.

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

Aviation Econ omic Regulations, 14 CFR Part 385.50, must file such petition 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 line at www.regulations.gov

1 In accordance with 49 U.S.C. § 41734(c), we will extend the air carrier’s service obligation for successive 30

- day periods as necessary until replacement service actually begins.