Order 2013-11-2

Served: November 1, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 1st of November, 2013

Essential Air Service at

DODGE CITY, KANSAS

GARDEN CITY, KANSAS

GREAT BEND, KANSAS

HAYS, KANSAS

LIBERAL, KANSAS

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

DOCKET DOT-OST-1998-3502

DOCKET DOT-OST-1998-3503

DOCKET DOT-OST-1998-3496

DOCKET DOT-OST-1998-3497

DOCKET DOT-OST-1998-3498

ORDER REQUESTING PROPOSALS

Summary

By this Order, the Department is requesting proposals by December 2, 2013, from carriers 

interested in providing Essential Air Service (EAS) at Dodge City, Garden City, Great Bend, 

Hays, and/or Liberal, Kansas, for the period beginning May 1, 2014, when the current rates 

expire, for two or more years, with or without subsidy. 

Background

Order 2011-10-24, October 31, 2011, tentatively selected American Eagle Airlines 

(American Eagle) to provide EAS at Garden City, Kansas, consisting of 14 nonstop 

round trips per week with regional jet aircraft to Dallas-Fort Worth International Airport 

(DFW), for $2,919,026 annually.1 Order 2011-11-14, November 14, 2011, finalized that 

Order for all five communities.

Order 2011-10-24 also tentatively selected Great Lakes Airlines, Ltd. (Great Lakes) to 

provide EAS between Dodge City, Great Bend, Hays, and Liberal, and Denver, all with 

19-seat Beech 1900 aircraft, for a total combined subsidy of $7,489,809. At Dodge City, 

the rate was tentatively set at $1,688,598 annual subsidy for 17 nonstop round trips per 

week.2 At Great Bend and Hays the rate was tentatively set at a combined total of 

$3,246,061 annual subsidy, with Great Bend to receive 12 one-stop round trips per week

 1 The carrier required a total of $3,252,359 annual subsidy, but Garden City and the State of Kansas 

committed $333,333 annual subsidy to decrease the cost to the EAS program of American Eagle’s 

subsidized service. 2 The Order recognized that Garden City and Dodge City would benefit on a regional basis. Because those 

airports are 43 miles apart, people from Garden City would be able to drive to Dodge City for nonstop 

service to Denver, and people from Dodge City would be able to drive to Garden City for nonstop service 

to Dallas.
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and Hays 24 nonstops per week. At Liberal, the rate was tentatively set at $2,555,150 

annual subsidy for 18 nonstop round trips per week. The rate term for all of the 

communities was set from when American Eagle inaugurated service at Garden City 

through the end of the 24th month thereafter. American Eagle inaugurated service on 

April 3, 2012, thus making April 30, 2014, the expiration date of the rate for all five 

communities.

Request for Proposals

As the end of the current rate terms approach, we are requesting proposals from carriers

interested in providing EAS at Dodge City, Garden City, Great Bend, Hays, and/or

Liberal, with or without subsidy, for the period beginning May 1, 2014. Carriers should 

file their proposals by December 2, 2013. Staff will then docket the proposals, thereby 

making them public. Shortly afterwards, we will provide copies of all timely filed 

proposals to the communities and request community comments by a specified date. We 

will give full consideration to all proposals filed in a timely manner.3 Interested carriers 

should prepare their proposals with every expectation that their initial proposals will also 

be their final and only proposals. We retain the discretion to negotiate proposals with 

carriers when we deem it desirable. We also retain the discretion to reject outright all 

unreasonable or unrealistic proposals and, if necessary, solicit a new round of proposals. 

However, we anticipate that negotiation or rejection will remain only occasional 

exceptions to the rule.

We are here providing interested carriers with some basic information to serve as 

guidance when they prepare their proposals, but we will not prescribe a precise format for 

their proposals. We expect proposals to adequately describe the service being proposed 

and the annual amount of subsidy being requested. The applicants can make their own 

judgments as to the level of detail they wish to present; however, we recommend that 

they include information concerning proposed schedules and projected block hours. In 

addition, applicants are urged to provide financial data supporting their subsidy requests, 

including information on their projected expenses and revenues. We strongly encourage 

clear, well-documented proposals that will facilitate their evaluation by the communities

and the Department.4 

As always, we will formally solicit each community’s views on any service options we 

receive before making a long-term, carrier-selection decision. The communities and air 

 

3 Carriers should not expect the Department to accept late filings. In cases where a carrier proposes to 

provide EAS without subsidy and we determine that basic EAS, required by 49 U.S.C. §41732, can be 

reliably provided without such compensation, we typically do not proceed with the carrier-selection case. 

Instead, we simply rely on that carrier’s subsidy-free service as proposed.

4 In selecting a carrier to provide subsidized EAS for an eligible place not in Alaska, 49 U.S.C. § 41733(c)

directs us to consider five factors: (1) service reliability; (2) contractual and marketing arrangements with a 

larger carrier at the hub; (3) interline arrangements with a larger carrier at the hub; (4) community views; 

and (5) whether the carrier has included a plan in its proposal to market the service. In addition, The 

Consolidated and Further Continuing Appropriations Act, 2012, Public Law No. 112-55, and continued by 

the Full-Year Continuing Appropriations Act, 2013, Public Law No. 113-6, and Continuing Appropriations 

Act, 2014, Public Law No. 113-46, provides that when selecting a carrier to provide EAS, the Department 

may consider the relative subsidy requirements, thus codifying a factor that we have considered since the 

inception of the program. Interested carriers should also be aware that our general provisions governing 

EAS will be included in the selection Order as part of our authorization of subsidy for the selected service. 

Appendix C of this Order contains those general provisions.
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carriers are encouraged to work together in advance of the due date for proposals to craft 

service patterns that are both desirable to the communities and meet the operational needs 

of the airlines, as carriers cannot amend their proposals after the due date. 

We encourage proposals that meet the communities’ requirements in an efficient manner. 

The table below outlines the service required by Order 2011-11-14, and the frequency of 

nonstop service that the Department is requesting with different size aircraft if aircraft 

other than what is currently used to serve the communities is proposed. If intermediate 

stops were proposed, additional frequencies could be contemplated.

Current Service Required Required Nonstop Service

Weekly

Frequency Stops Hubs Aircraft 19-Seaters 30-seaters

Garden City 14 0 DFW Regional Jets 24 18

Great Bend 12 1 DEN 19-seaters 12 5 12

Dodge City 17 0 DEN 19-seaters 17 12

Hays 24 0 DEN 19-seaters 18 5 12

Liberal 18 0 DEN 19-seaters 18 12 5

We encourage proposals that meet those requirements in an efficient manner. Carriers 

are also welcome to propose more than one service option, if they choose. They need not 

limit themselves to the requirements specified above if they envision other, potentially 

more attractive service possibilities – different hubs, for example – with subsidy 

requirements that remain competitive.

Filing Format

Carrier proposals should be submitted to the Department with all materials merged into a 

single document. In addition, because the document will be published on 

www.regulations.gov, each page should be formatted to be viewed online.

Historical Traffic

In order to assist carriers in making traffic and revenue projections, we have included 

historical traffic for the communities in Appendix B for the most recent annual periods. For 

the most recent 12-month period for which data are available, Dodge City had 18.7

enplanements per day; Garden City, 72.7; Great Bend, 3.1; Hays, 29.2; and Liberal, 18.9. 

Other Carrier Requirements

The Department is responsible for implementing various Federal statutes governing lobbying 

activities, drug-free workplaces, and nondiscrimination.6 Consequently, all carriers receiving 

Federal subsidy to support EAS must certify that they are in compliance with Department 

regulations regarding drug-free workplaces and nondiscrimination, and those carriers whose 

 5 Great Bend is guaranteed 12 round trips per week, the statutory minimum. Hays currently receives 24 

nonstops per week, but that is a result of the community’s upline service to Great Bend.

6 The certifications are available on the web at

http://www.dot.gov/policy/aviation-policy/small-community-rural-air-service/essential-air-service.
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subsidies exceed $100,000 over the life of the rate term must also certify that they are in 

compliance with the regulations governing lobbying activities. Because the Department is 

prohibited from paying subsidy to carriers that do not submit these documents, the selected 

carrier will be required to submit them in order to receive subsidy. Interested carriers 

requiring more detailed information regarding these requirements, as well as copies of the 

certifications, should contact the Office of Aviation Analysis at (202) 366-5903. The 

Department is prohibited from paying subsidy to carriers that do not submit these documents.

Community Comments

Civic officials and the States are welcome to submit comments on the proposals at any time. 

As noted earlier, we will provide a summary of the proposals to the civic parties and ask 

them to submit their final comments shortly after December 2, 2013, the due date for carrier 

proposals.

This Order is issued under authority delegated in 49 CFR Part 1.25a(b) and re-delegated 

to the Director, Office of Aviation Analysis.

ACCORDINGLY,

1. The Department requests proposals from carriers interested in providing EAS at , Dodge 

City, Garden City, Great Bend, Hays, and/or Liberal, Kansas. Carriers should submit 

proposals, with subsidy if necessary, by December 2, 2013. Proposals should be emailed to 

EAS@dot.gov, with the title “Proposal(s) to Provide EAS at Dodge City, Garden City, 

Great Bend, Hays, and/or Liberal, Kansas” 7;

2. These Dockets will remain open until further Order of the Department; and

3. We will serve this Order on the service list for these Dockets, and on the civic officials 

of Dodge City, Garden City, Great Bend, Hays, and Liberal, Kansas;

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

Department’s Regulations, 14 CFR Part 385.31, must file such petitions within seven (7) 

days after the date of service of this Order. 

 

7 Questions regarding filings may be directed to Kevin Adams at 202-366-1047 or Kevin.Adams@dot.gov
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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 at

http://www.regulations.gov
Appendix A

Nonstop Great Circle Miles:

Dallas (DFW) Wichita (ICT)

LBL, Liberal 362 GBD, Great Bend 91

DDC, Dodge City 374 HYS, Hays 130

GBD, Great Bend 390 DDC, Dodge City 139

GCK, Garden City 404 GCK, Garden City 181

HYS, Hays 429 LBL, Liberal 199

Denver (DEN) Miscellaneous

GCK, Garden City 250 HYS-GBD 41

LBL, Liberal 279 GCK-DDC 43

DDC, Dodge City 292 GCK-LBL 62

HYS, Hays 297 DDC-GBD 72

GBD, Great Bend 329 DDC-HYS 83
Appendix B-1

Historical Traffic between Dodge City, Kansas (DDC), and Hubs

Kansas City (MCI) and Denver (DEN)

Passengers

Year Month Hub Origin Dest. O&D

2010 9 DEN 282 216 498

2010 9 MCI 67 71 138

2010 10 DEN 267 230 497

2010 10 MCI 47 63 110

2010 11 DEN 273 263 536

2010 11 MCI 64 85 149

2010 12 DEN 282 237 519

2010 12 MCI 71 98 169

2011 1 DEN 255 233 488

2011 1 MCI 35 54 89

2011 2 DEN 220 224 444

2011 2 MCI 16 5 21

2011 3 DEN 351 365 716

2011 4 DEN 278 261 539

2011 5 DEN 343 329 672

2011 6 DEN 308 336 644

2011 7 DEN 377 363 740

2011 8 DEN 300 351 651

YE 8/31/11 3,836 3,784 7,620

2011 9 DEN 280 313 593

2011 10 DEN 296 342 638

2011 11 DEN 387 333 720

2011 12 DEN 373 335 708

2012 1 DEN 311 344 655

2012 2 DEN 284 320 604

2012 3 DEN 377 389 766

2012 4 DEN 446 486 932

2012 5 DEN 605 574 1,179

2012 6 DEN 548 527 1,075

2012 7 DEN 514 571 1,085

2012 8 DEN 522 517 1,039

YE 8/31/12 4,943 5,051 9,994

2012 9 DEN 490 502 992

2012 10 DEN 460 462 922

2012 11 DEN 475 462 937

2012 12 DEN 521 491 1,012

2013 1 DEN 415 477 892

2013 2 DEN 383 360 743

2013 3 DEN 519 512 1,031

2013 4 DEN 396 436 832

2013 5 DEN 545 505 1,050

2013 6 DEN 524 513 1,037

2013 7 DEN 579 591 1,170

2013 8 DEN 542 548 1,090

YE 8/31/13 5,849 5,859 11,708

Source: T-100 Market Report
Appendix B-2

Historical Traffic between Great Bend, Kansas (GBD), and Hub (Denver)

Passengers

Year Month Hub Origin Dest. O&D

2010 9 DEN 56 72 128

2010 10 DEN 89 65 154

2010 11 DEN 78 87 165

2010 12 DEN 89 74 163

2011 1 DEN 52 59 111

2011 2 DEN 48 53 101

2011 3 DEN 79 82 161

2011 4 DEN 52 63 115

2011 5 DEN 103 81 184

2011 6 DEN 100 107 207

2011 7 DEN 108 116 224

2011 8 DEN 95 96 191

YE 8/31/11 949 955 1,904

2011 9 DEN 102 93 195

2011 10 DEN 85 83 168

2011 11 DEN 105 93 198

2011 12 DEN 84 78 162

2012 1 DEN 80 92 172

2012 2 DEN 67 77 144

2012 3 DEN 95 85 180

2012 4 DEN 71 72 143

2012 5 DEN 63 72 135

2012 6 DEN 82 93 175

2012 7 DEN 80 71 151

2012 8 DEN 66 89 155

YE 8/31/11 980 998 1,978

2012 9 DEN 86 84 170

2012 10 DEN 68 79 147

2012 11 DEN 72 70 142

2012 12 DEN 95 90 185

2013 1 DEN 69 78 147

2013 2 DEN 77 105 182

2013 3 DEN 77 69 146

2013 4 DEN 72 80 152

2013 5 DEN 80 93 173

2013 6 DEN 80 85 165

2013 7 DEN 91 91 182

2013 8 DEN 77 69 146

YE 8/31/11 944 993 1,937

Source: T-100 Market Report
Appendix B-3

Historical Traffic between Garden City, Kansas (GCK), and Hubs

Kansas City (MCI) and Denver (DEN)

Passengers

Year Month Hub Origin Dest. O&D

2010 9 DEN 664 668 1,332

2010 9 MCI 80 70 150

2010 10 DEN 707 718 1,425

2010 10 MCI 91 99 190

2010 11 DEN 719 701 1,420

2010 11 MCI 108 112 220

2010 12 DEN 802 751 1,553

2010 12 MCI 103 94 197

2011 1 DEN 667 711 1,378

2011 1 MCI 72 73 145

2011 2 DEN 704 701 1,405

2011 2 MCI 12 10 22

2011 3 DEN 868 851 1,719

2011 4 DEN 806 774 1,580

2011 5 DEN 987 997 1,984

2011 6 DEN 936 941 1,877

2011 7 DEN 870 846 1,716

2011 8 DEN 815 820 1,635

YE 8/31/11 10,011 9,937 19,948

2011 9 DEN 832 807 1,639

2011 10 DEN 866 872 1,738

2011 11 DEN 932 962 1,894

2011 12 DEN 945 884 1,829

2012 1 DEN 883 847 1,730

2012 2 DEN 806 833 1,639

2012 3 DEN 924 917 1,841

2012 4 DEN 54 88 142

2012 4 DFW 961 892 1,853

2012 5 DFW 1,418 1,259 2,677

2012 6 DFW 1,521 1,571 3,092

2012 7 DFW 1,649 1,633 3,282

2012 8 DFW 1,793 1,862 3,655

YE 8/31/12 13,584 13,427 27,011

2012 9 DFW 1,767 1,641 3,408

2012 10 DFW 1,880 1,842 3,722

2012 11 DFW 1,972 1,897 3,869

2012 12 DFW 1,872 1,776 3,648

2013 1 DFW 1,741 1,767 3,508

2013 2 DFW 1,631 1,553 3,184

2013 3 DFW 1,854 1,887 3,741

2013 4 DFW 1,850 1,776 3,626

2013 5 DFW 2,133 2,033 4,166

2013 6 DFW 1,986 2,094 4,080

2013 7 DFW 2,121 2,171 4,292

2013 8 DFW 2,099 2,137 4,236

YE 8/31/13 22,906 22,574 45,480

Source: T-100 Market.
Appendix B-4

Historical Passengers Between Hays , Kansas (HYS) and Hub (Denver)

Passengers

Year Month Hub Origin Dest. O&D

2010 9 DEN 662 698 1,360

2010 10 DEN 741 688 1,429

2010 11 DEN 694 757 1,451

2010 12 DEN 811 640 1,451

2011 1 DEN 562 691 1,253

2011 2 DEN 551 519 1,070

2011 3 DEN 744 754 1,498

2011 4 DEN 724 670 1,394

2011 5 DEN 943 861 1,804

2011 6 DEN 998 943 1,941

2011 7 DEN 984 942 1,926

2011 8 DEN 945 1,152 2,097

YE 8/31/11 9,359 9,315 18,674

2011 9 DEN 858 885 1,743

2011 10 DEN 786 777 1,563

2011 11 DEN 814 840 1,654

2011 12 DEN 971 715 1,686

2012 1 DEN 649 864 1,513

2012 2 DEN 717 690 1,407

2012 3 DEN 793 787 1,580

2012 4 DEN 726 742 1,468

2012 5 DEN 1,050 726 1,776

2012 6 DEN 684 733 1,417

2012 7 DEN 703 727 1,430

2012 8 DEN 751 925 1,676

YE 8/31/12 9,502 9,411 18,913

2012 9 DEN 659 686 1,345

2012 10 DEN 782 786 1,568

2012 11 DEN 827 821 1,648

2012 12 DEN 975 767 1,742

2013 1 DEN 645 853 1,498

2013 2 DEN 528 505 1,033

2013 3 DEN 841 817 1,658

2013 4 DEN 713 716 1,429

2013 5 DEN 1,043 835 1,878

2013 6 DEN 818 791 1,609

2013 7 DEN 773 716 1,489

2013 8 DEN 571 810 1,381

YE 8/31/13 9,175 9,103 18,278

Source: T-100 Market Report
Appendix B-5

Historical Passengers Between Liberal , Kansas (LBL) and Hub (Denver)

Passengers

Year Month Hub Origin Dest. O&D

2010 9 DEN 358 372 730

2010 10 DEN 387 380 767

2010 11 DEN 416 404 820

2010 12 DEN 396 346 742

2011 1 DEN 307 306 613

2011 2 DEN 279 306 585

2011 3 DEN 412 417 829

2011 4 DEN 340 351 691

2011 5 DEN 438 428 866

2011 6 DEN 446 402 848

2011 7 DEN 439 442 881

2011 8 DEN 463 459 922

YE 8/31/11 4,681 4,613 9,294

2011 9 DEN 422 435 857

2011 10 DEN 409 409 818

2011 11 DEN 428 445 873

2011 12 DEN 484 442 926

2012 1 DEN 368 381 749

2012 2 DEN 402 411 813

2012 3 DEN 498 448 946

2012 4 DEN 439 441 880

2012 5 DEN 580 593 1,173

2012 6 DEN 552 527 1,079

2012 7 DEN 504 476 980

2012 8 DEN 438 479 917

YE 8/31/11 5,524 5,487 11,011

2012 9 DEN 402 403 805

2012 10 DEN 426 455 881

2012 11 DEN 485 488 973

2012 12 DEN 487 452 939

2013 1 DEN 416 473 889

2013 2 DEN 387 363 750

2013 3 DEN 564 602 1,166

2013 4 DEN 486 480 966

2013 5 DEN 583 559 1,142

2013 6 DEN 486 508 994

2013 7 DEN 619 599 1,218

2013 8 DEN 538 572 1,110

YE 8/31/11 5,879 5,954 11,833

Source: T-100 Market
Appendix C

Example of General Terms and Conditions for Essential Air Service

The carrier understands that it may forfeit its compensation for any flights that it does not 

operate in conformance with the terms and stipulations of the rate Order, including the 

service plans outlined in the Order and any other significant elements of the required 

service, without prior approval. The carrier understands that an aircraft take-off and 

landing at its scheduled destination constitutes a completed flight; absent an explanation 

supporting subsidy eligibility for a flight that has not been completed, such as certain 

weather cancellations, only completed flights are considered eligible for subsidy. In 

addition, if the carrier does not schedule or operate its flights in full conformance with the 

Order for a significant period, it may jeopardize its entire subsidy claim for the period in 

question. If the carrier contemplates any such changes beyond the scope of the Order

during the applicable period of this rate, it must first notify the Office of Aviation 

Analysis in writing and receive written approval from the Department to be ensured of 

full compensation. Should circumstances warrant, the Department may locate and select 

a replacement carrier to provide service on these routes. The carrier must complete all 

flights that can be safely operated; flights that overfly points for lack of traffic will not be 

compensated. In determining whether subsidy payment for a deviating flight should be 

adjusted or disallowed, the Department will consider the extent to which the goals of the 

program are met and the extent of access to the national air transportation system 

provided to the community.

If the Department unilaterally, either partially or completely, terminates or reduces 

payments for service or changes service requirements at a specific location provided for 

under this Order, then, at the end of the period for which the Department does make 

payments in the stipulated amounts or at the stipulated service levels, the carrier may 

cease to provide service to that specific location without regard to any requirement for 

notice of such cessation. Those adjustments in the levels of subsidy and/or service that 

are mutually agreed to in writing by the Department and carrier do not constitute a total 

or partial reduction or cessation of payment.

Subsidy contracts are subject to, and incorporate by reference, relevant statutes and 

Department regulations, as they may be amended from time to time. However, any such 

statutes, regulations, or amendments thereto shall not operate to controvert the foregoing 

paragraph.

Funds may not be available for performance under this Order beyond [DATE]. The 

Government’s obligation for performance under this Order beyond [DATE], is subject to 

the availability of funds from which payment for services can be made. No legal liability 

on the part of the Government for any payment may arise for performance under this 

Order beyond [DATE], until funds are made available to the Department for 

performance. If funds are not made available for performance beyond [DATE], the 

Department will provide notice in writing to the carrier. 

All claims for payment, including any amended claims, must be submitted within 90 days 

of the last day of the month for which compensation is being claimed. For example, 

claims for service provided in July must be filed by October 31; August claims must be 

submitted by November 30, and so on.