Order 2014-7-11 

Served: July 18, 2014 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

on the 18th of July, 2014 

Essential Air Service at 

ALTOONA, PENNSYLVANIA 

BECKLEY, WEST VIRGINIA 

BRADFORD, PENNSYLVANIA 

CLARKSBURG/FAIRMONT,WEST VIRGINIA 

DUBOIS, PENNSYLVANIA 

FRANKLIN/OIL CITY, PENNSYLVANIA 

GREENBRIER/WHITE SULPHUR SPRINGS, 

 WEST VIRGINIA 

JAMESTOWN, NEW YORK 

JOHNSTOWN, PENNSYLVANIA 

MORGANTOWN, WEST VIRGINIA 

PARKERSBURG, WEST VIRGINIA/ 

 MARIETTA, OHIO 

STAUNTON, VIRGINIA 

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

DOT-OST-2002-11446 

DOT-OST-1997-2761 

DOT-OST-2003-14528 

DOT-OST-2005-20736 

DOT-OST-2004-17617 

DOT-OST-1997-2523 

DOT-OST-2003-15553 

DOT-OST-2003-14950 

DOT-OST-2002-11451 

DOT-OST-2005-20735 

DOT-OST-2005-20734 

 DOT-OST-2002-11378 

ORDER SELECTING AIR CARRIERS, RESOLICITING PROPOSALS 

ON AN EXPEDITED BASIS, AND DEFERRING ACTION 

Summary

By this Order, the Department is: 1) selecting Sun Air Express, LLC d/b/a Sun Air International 

(“Sun Air”) to provide Essential Air Service (EAS) at Altoona, Pennsylvania, and Jamestown, 

New York, from October 1, 2014, through September 30, 2016; 2) re-selecting Silver Airways 

(“Silver”) to provide EAS at Clarksburg/Fairmont (“Clarksburg”), Greenbrier/White Sulphur 

Springs (“Greenbrier”), and Morgantown, West Virginia, Johnstown, Pennsylvania, and 

Staunton, Virginia, from August 1, 2014, through September 30, 2016, and re-selecting Silver at 

DuBois, Pennsylvania, and Parkersburg, West Virginia/Marietta, Ohio (“Parkersburg”), from 

October 1, 2014, through September 30, 2016; 3) re-soliciting proposals from air carriers 

interested in providing EAS at Beckley, West Virginia, with or without subsidy (proposals are 

due no later than July 31, 2014); and 4) deferring action on Bradford and Franklin/Oil City, 

Pennsylvania (“Franklin”), until further Order from the Department. 
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Background 

By Order 2012-4-30, issued on April 26, 2012, the Department selected Silver to provide EAS at 

Altoona and Johnstown to Washington Dulles International Airport (IAD) using 34-passenger 

Saab 340 aircraft, for the two-year period from August 1, 2012, through July 31, 2014. The 

combined annual subsidy for both communities is $3,997,187 and both communities receive 18 

weekly nonstop and one-stop round trips with 19-passenger Beech 1900D aircraft, over an 

Altoona-Johnstown-IAD or a Johnstown-Altoona-IAD routing. 

By Order 2012-9-23, issued on September 27, 2012, the Department selected Silver to provide 

subsidized EAS at Bradford, DuBois, Franklin, Jamestown, and Parkersburg, for a combined 

annual subsidy of $10,348,117 ($1,940,272 for Bradford, $2,587,029 for DuBois, $1,293,515 for 

Franklin, $1,940,272 for Jamestown, and $2,587,029 for Parkersburg), for the two-year period 

from October 1, 2012, through September 30, 2014. Silver operates its service with 19-

passenger Beech 1900D aircraft to Cleveland Hopkins International Airport (CLE) under a codeshare agreement with United Airlines. 

By a series of Orders, the Department selected Silver to provide EAS at Beckley, Clarksburg, 

Greenbrier, Morgantown, and Staunton, all through July 31, 2014, at annual subsidy rates 

totaling $12,848,083.1

On February 14, 2014, Silver filed a 90-day notice of its intent to terminate service at Bradford, 

DuBois, Franklin, Jamestown, and Parkersburg, where the contract was set to expire on 

September 30, 2014, because of United Airlines’ announcement that it was greatly downsizing 

its hub at CLE, and because Silver planned to retire its fleet of Beech 1900-D aircraft, which it 

uses to serve these five communities. By Order 2014-3-12, issued on March 19, 2014, the 

Department requested proposals, with a due date of April 17, 2014. 

In anticipation of the end of Altoona and Johnstown’s contract on July 31, 2014, by Order 2014-

2-6, issued on February 6, 2014, the Department requested proposals for EAS at Altoona and 

Johnstown, with proposals due no later than March 11, 2014. On March 6, 2014, Silver Airways 

requested an extension to the deadline until March 21, 2014. On March 6, 2014, the Department 

granted the extension request, thereby making proposals to serve Altoona and Johnstown due on 

March 21, 2014. 

On March 19, 2014, Silver Airways requested an additional extension for Altoona and 

Johnstown, as well as for Greenbrier/White Sulphur Springs, Beckley, Clarksburg/Fairmont, and 

Morgantown, West Virginia, and Staunton, Virginia, until April 17, 2014. The Department 

granted the extension request and set the due date for proposals at April 17, 2014, to synchronize 

the dates for all communities. 

 

1 Order 2012-4-32 for Beckley, Clarksburg and Morgantown; Order 2012-5-17 for Greenbrier; and Order 2012-6-10 

for Staunton. 
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In response to our Request for Proposals, Silver, Boutique Air, City Link Air, and Sun Air 

Express, LLC d/b/a Sun Air International (“Sun Air”) submitted proposals for consideration at 

all or some of the 12 communities at issue here. However, on May 14, 2014, the Department 

received requests from two air carriers asking that they be allowed to modify their proposals at 

some or all of the above-mentioned communities. We reviewed the requests and found it to be in 

the public interest to grant their requests. Therefore, the air carriers that submitted proposals in 

response to the most recent Request for Proposals at the above-mentioned communities had until 

May 27, 2014 to resubmit a revised proposal, if they chose to do so. 

Summary of Proposals 

Boutique Air 

Boutique proposed 18 weekly nonstop round trips to PIT at Jamestown, Bradford and Franklin at 

annual subsidies of $1,571,912 (Jamestown), $1,590,467 (Bradford), and $1,287,147 (Franklin). 

At Dubois, the carrier proposed 24 weekly nonstop round trips to PIT at an annual subsidy of 

$1,616,101, or a dual-hub option of 12 weekly nonstop round trips to PIT and 12 to IAD at an 

annual subsidy of $2,535,764. Its proposal at Parkersburg consists of 36 weekly nonstop round 

trips to PIT at an annual subsidy of $2,335,785, or a dual-hub option of 24 weekly nonstop round 

trips to PIT and 12 weekly nonstop round trips to IAD at an annual subsidy of $3,403,724. At 

Johnstown, Boutique proposed 36 weekly nonstop round trips to PIT at an annual subsidy of 

$1,988,795, or a dual-hub option of 24 weekly nonstop round trips to PIT, and 12 weekly 

nonstop round trips to IAD at an annual subsidy of $2,715,714. For Altoona, the carrier 

proposed 24 weekly nonstop round trips to PIT at an annual subsidy of $1,640,874 or its dualhub option of 12 weekly nonstop round trips to PIT and IAD at an annual subsidy of $2,208,149. 

At Morgantown, Boutique proposed 42 weekly nonstop round trips to PIT at an annual subsidy 

of $1,570,618, or a dual-hub option of 30 weekly nonstop round trips to PIT and 12 weekly 

nonstop round trips to IAD, at an annual subsidy of $2,392,136. At Clarksburg, it proposed 30 

weekly nonstop round trips to PIT at an annual subsidy of $1,550,046, or the dual-hub option of 

18 weekly nonstop round trips to PIT and 12 weekly nonstop round trips to IAD at an annual 

subsidy of $2,318,773. Staunton’s proposal consists of 42 weekly nonstop round trips to PIT at 

an annual subsidy of $3,344,313, or the dual-hub option of 30 weekly nonstop round trips to PIT 

and 12 weekly nonstop round trips to IAD at an annual subsidy of $3,461,055. At 

Greenbrier/White-Sulphur Springs (Lewisburg), Boutique proposed 30 weekly nonstop round 

trips to PIT at an annual subsidy of $2,538,906, or a dual-hub option of 18 weekly nonstop round 

trips to PIT and 12 weekly nonstop round trips to IAD at an annual subsidy of $3,023,449. 

Finally, at Beckley, the carrier proposed 18 weekly nonstop round trips to PIT at an annual 

subsidy of $1,780,405, or a dual-hub option of 6 weekly nonstop round trips to PIT and 12 

weekly nonstop round trips to IAD at an annual subsidy of $2,428,138. 

City Link Air 

City Link proposed 18 weekly round trips to PIT at Altoona at an annual subsidy of $2,220,219. 

At Dubois and Franklin, the carrier proposed 24 weekly round trips to PIT, at a combined annual 

subsidy of $3,213,334. At Johnstown, City Link proposed 18 weekly round trips to PIT, at an 

annual subsidy of $2,129,841. City Link proposed 18 weekly round trips to PIT, at Beckley and 

Jamestown, at a combined annual subsidy of $4,441,314. At Clarksburg, its proposal consisted 

of 18 weekly round trips to PIT, at an annual subsidy of $2,251,195. At Greenbrier and 
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Bradford, City Link proposed 18 weekly round trips each to PIT, at a combined annual subsidy 

of $4,691,407. The carrier proposed 24 weekly round trips to PIT at both Morgantown and 

Parkersburg , at an annual subsidy of $2,195,608 for Morgantown and $2,655,598 for 

Parkersburg. 

Silver Airways 

Silver proposed to provide Clarksburg with 18 round trips per week, consisting of 7 nonstop 

round trips to IAD, and 11 one-stop round trips to IAD with an intermediate stop at Morgantown 

or Parkersburg, at a required annual subsidy of $2,310,252. At DuBois, Silver offered 18 round 

trips per week, consisting of 5 nonstop flights to IAD and 13 one-stop round trips per week with 

an intermediate stop at Johnstown, at a required annual subsidy of $2,285,539. At Johnstown, 

the air carrier proposed 18 round trips per week to IAD, consisting of 13 nonstop round trips and 

5 one-stop round trips, with an intermediate stop at DuBois, at an annual subsidy of $2,438,254. 

At Greenbrier, Silver offered 7 weekly nonstop round trips and 7 weekly one-stop round trips to 

IAD in the peak season from May 1 through November 30, and 6 weekly nonstop and 6 weekly 

one-stop round trips to IAD in the off peak season from December 1 through April 30, at an 

annual subsidy of$3,582,194. At Morgantown, Silver proposed to provide 18 weekly nonstop 

and one-stop round trips to IAD, consisting of 12 nonstop round trips, and 6 one-stop round trips 

per week, with an intermediate stop at Clarksburg or Parkersburg, at an annual subsidy of 

$2,342,074. At Parkersburg, Silver offered to provide 18 round trips per week to IAD, 

consisting of 12 nonstop round trips per week, and 6 one-stop round trips per week, with an 

intermediate stop at Clarksburg or Morgantown, at an annual subsidy of $3,505,876. At 

Staunton, Silver proposed 18 round trips per week to IAD, consisting of 12 nonstop round trips, 

and 6 one-stop round trips, with an intermediate stop to/from Greenbrier, at a required subsidy of 

$1,980,922. Silver required its selection at all seven communities in order for the air carrier to 

continue providing EAS at the above communities. 

Sun Air 

Sun Air proposed to provide Bradford with 24 weekly nonstop round trips to Pittsburgh 

International Airport (PIT) at an annual subsidy request of $2,045,826. At DuBois, Sun Air 

proposed 26 weekly nonstop round trips to PIT, at an annual subsidy of $2,270,746. At Franklin, 

the air carrier offered 19 weekly nonstop round trips to PIT, at an annual subsidy of $1,442,788. 

At Jamestown, Sun Air proposed to provide 24 weekly nonstop round trips to PIT, at an annual 

subsidy of $2,045,481. At Altoona, Sun Air offered 26 weekly nonstop round trips to PIT, at an 

annual subsidy of $2,346,168. At Johnstown, the air carrier proposed to provide 31 weekly 

nonstop round trips to PIT, at an annual subsidy of $2,600,829. At Parkersburg, Sun Air 

proposed 31 weekly nonstop round trips per week, at an annual subsidy of $2,495,454. At 

Clarksburg, the carrier proposed 26 weekly nonstop round trips to PIT, at an annual subsidy of 

$2,208,563. At Morgantown, Sun Air proposed 38 weekly nonstop round trips to PIT, at an 

annual subsidy of $2,646,791.

Community Comments 

On May 28, 2014, the Department re-solicited comments from the communities regarding this 

carrier-selection case, and they are summarized below. 
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Altoona 

We received letters from the Blair County Airport Authority (BCAA) and the County of Blair 

(Altoona, Pennsylvania), both expressing support for Sun Air’s proposal. The Blair County 

Airport Authority noted in its comments, “We believe that if we can establish safe, reliable, 

convenient and economical air service for our community we can, with a strategic effort, tap into 

the travel demand of our regional area and channel it through our airport to build enplanement 

volume and create a self-sustaining environment.” 

Beckley 

By letter dated June 18, 2014, Mr. Tom Cochran, Airport Manager of Raleigh County Memorial 

Airport, explained that Boutique Air would operate its service with single-engine aircraft, and 

the community is not willing to accept single-engine service at this time. Additionally, since 

City Link is not ready to commence service within the near future, the community has 

encouraged us to re-solicit proposals. 

Bradford, Franklin and Jamestown 

Airport Director Tom Frungillo of The Bradford, Pennsylvania, Regional Airport Authority, 

Airport Manager Otho Bell of the Venango Regional Airport (Franklin, Pennsylvania), and 

Vincent Horrigan, Chautauqua County Executive (Jamestown, New York), support Sun Air. A 

joint letter received from the Bradford Regional Airport, Chautauqua County Airport 

(Jamestown), and Venango County Airport (Franklin), unanimously supports Sun Air. Among 

the reasons the communities recommended Sun Air were the current carrier’s (Silver) unreliable 

service and its many years of decreasing passengers. The Pennsylvania Air Service committee 

conducted a multi-year study that showed that low-fare, high frequency, reliable air service to 

Pittsburgh, Pennsylvania, a medium-hub airport, on smaller aircraft, would increase passenger 

levels. The communities stated that they are not willing to waive their right to twin-engine 

aircraft. 

Clarksburg 

By letter dated June 19, 2014, Mr. Ron Watson, President of the Benedum Airport Authority, 

provided comments on behalf of the Clarksburg community. Mr. Watson expressed appreciation 

for the interest shown by Boutique Air, City Link, and Sun Air; however the community 

supports the re-selection of Silver. That letter explained that Boutique Air’s proposal consists of 

single engine service only, and Clarksburg is declining to accept single engine service at this 

time. Additionally, the community has declined to endorse City Link Air’s proposal due to the 

company’s lack of operating certificates. Clarksburg also declined to endorse Sun Air’s proposal 

due to the air carrier’s “operational struggles during 2013,” its limitations on baggage as a result 

of the aircraft used to serve the market, and the air carrier’s miscalculation of passenger forecasts 

at other EAS markets. Mr. Watson notes that the community has been “disappointed” with 

Silver’s reliability in recent months and remains concerned that Silver’s code-share partner, 

United Airlines, is not offering competitive air fares on many segments; however, Silver’s 

proposal presents the best options for Clarksburg. 

DuBois 

Loren Bishop, Chairman of the Clearfield-Jefferson Counties Regional Airport Authority, along 

with multiple elected civic officials, support Silver Airways to provide service from DuBois to 
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Washington Dulles International Airport, a large hub. The community’s opinion is that larger 

aircraft, proposed ticket prices, interline agreements, an improved larger hub with significantly 

increased destinations and connections, and improved reliability by Silver, would be embraced 

by travelers. 

Greenbrier 

By letter dated June 17, 2014, Mr. Jerry O’Sullivan, Airport Manager of Greenbrier Valley 

Airport, provided support for Silver’s proposal. He cites “greater seat numbers and excellent 

mid-day timing of the two daily flights to Dulles,” as reasons why the community supports the 

re-selection of Silver. 

Johnstown 

The Johnstown-Cambria Airport Authority submitted comments on behalf of the community and 

expressed its support for Silver’s re-selection for another term. The airport explained that the 

proposals were evaluated and scored based on four criteria: capability to perform the service, 

existing code-share and interline agreements, type of aircraft to be used, and scheduling. Silver 

scored the highest of the four air carriers, and based on that, the airport believes that Silver is the 

logical choice. 

Morgantown 

By letter dated June 19, 2014, Ms. Jackie Marhefka, Director of Morgantown Municipal Airport, 

provided support for the re-selection of Silver under the condition that the air carrier provides 

“superior reliability and performance” for the duration of the upcoming contract. In that letter, 

Ms. Marhefka explained that Silver has provided Morgantown with poor air service, consisting 

of many flight cancellations and delays, which has resulted in a loss of community support and 

trust in Silver’s reliability. 

Parkersburg 

Mr. David Scott, President of the Mid-Ohio Valley Regional Airport Authority, supports Silver 

Airways at Parkersburg, West Virginia/Marietta, Ohio. He stated that Silver’s bid of 18 weekly 

flights to Washington Dulles International Airport, best meets the needs of the community. The 

34-seat Saab 340 aircraft will enhance passenger convenience and growth potential. 

Furthermore, Silver’s interline agreements, codeshare arrangement with United Airlines, and 

service to Washington Dulles, provides the community with access to over 80 domestic and 40 

international destinations. 

Staunton 

By letter dated June 23, 2014, Mr. Gerald Garber, Chairman of the Shenandoah Valley Regional 

Airport Commission, expressed support for Silver’s proposal. In that letter, Mr. Garber 

explained that Shenandoah Valley is one of the fastest growing regions in Virginia, and therefore 

the community has a need to access to the global air transportation system, which is provided by 

Silver through its code-share arrangement with United Airlines at its Washington Dulles hub. 

Additionally, Mr. Garber feels that Silver’s Saab 340B aircraft provides modern amenities and 

has a desirable seat capacity that aligns well with the community’s increasing demand for air 

transportation. 
- 7 - 

Decision 

First, because City Link Air does not currently hold the requisite economic authority from the 

Department to operate the scheduled air service it proposed and it did not receive any community 

support, we will not consider any of its proposals further. 

With regards to Boutique Air, none of the communities where it proposed service waived their 

right to twin-engine aircraft, so we turn to the two remaining carriers that proposed service, 

Silver and Sun Air.2

Silver proposed an all-or-nothing package of seven communities, all seven where it is the 

incumbent carrier, and all seven recommended the selection of Silver, although some with 

reservations, as described in the community comments section. We find the proposed subsidy 

reasonable for the service to be provided. Therefore, we will re-select Silver to serve 

Clarksburg, DuBois, Greenbrier, Johnstown, Morgantown, Parkersburg, and Staunton. All seven 

communities will be served by 34-seat Saab 340 aircraft with service to Washington Dulles. 

Service to DuBois and Parkersburg will have new service to Washington Dulles, when Silver 

discontinues serving those communities from its Cleveland hub. Even though we are selecting 

Silver to serve these seven communities, we note that as stated above in formal comments and in 

informal conversations with airport and civic officials, many of the communities have been 

unhappy with Silver’s service in terms of cancellations and delays, poor reliability, and poor 

responsiveness on the part of Silver to community concerns. We expect Silver to improve its 

service levels offered to the communities it serves, including improving its cancellation/delays, 

and responsiveness to community inquiries. 

This leaves Sun Air as the only carrier with a proposal that offers twin-engine aircraft and is 

supported by Altoona and Jamestown. We find Sun Air’s proposal reasonable for the service to 

be provided. The Department has increasingly heard that these communities wish to return their 

service to Pittsburgh, and Sun Air, along with a coalition of stakeholders, including Pittsburgh 

International Airport, promise to make this service attractive to passengers, with interline 

ticketing and baggage transfer, and offer a greater number of frequencies than the previous 

carrier, albeit using aircraft seating fewer passengers. Jamestown met the 10-enplanement 

requirement imposed by Congress, at an average of 10.1 passengers per day. And, as described 

in the RFP for Altoona, the current subsidy per passenger exceeds the statutory cap of $200 per 

person. The Department recently had a proposed notice of enforcement policy out for comment 

and that proposed policy would begin measuring subsidy per passenger beginning 

October 1, 2014, and ending September 30, 2015, and continuing each fiscal year thereafter. 3

The communities are hopeful that Sun Air will be able to get both Altoona and Jamestown below 

the $200 subsidy per passenger cap, and keep both communities above the 10-enplanement 

threshold. 

 

2 49 U.S.C. § 41732(2)(5) guarantees aircraft with at least 2 engines and using 2 pilots, unless scheduled air 

transportation has not been provided to the place in aircraft with at least 2 engines and using 2 pilots for at least 60 

consecutive operating days at any time since October 31, 1978.

3 Comments were due June 30, 2014. 
- 8 - 

Beckley Request for Proposals4

As discussed above, we are requesting proposals from carriers interested in providing EAS at 

Beckley, West Virginia, with or without subsidy.5 The community did not waive its right to 

twin-engine, two-pilot aircraft, which Boutique did not propose, and City Link Air does not 

currently hold the requisite authority to operate scheduled service. Carriers should file their 

proposals by July 31, 2014. 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. 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 proposals and, if necessary, solicit a new round of proposals. 

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 community and the Department.6

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

before making a long-term, carrier-selection decision. The community and air 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 community’s requirements in an efficient manner. With 

specific respect to Beckley, the Department expects proposals consisting of three nonstop round 

trips each day (a total of 18 per week) to a large or medium hub airport with numerous 

 

4 Carriers should not expect the Department to accept late fillings. In cases where a carrier proposes to provide EAS 

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

without such compensation, we typically will not proceed with the carrier-selection case. Instead, we simply rely on 

that carrier’s subsidy-free service as proposed. 

5 Applicants should be aware of the provisions of 49 U.S.C. § 41731(a)(1)(B), the 10-enplanement statute discussed 

above, when preparing their proposals. Staff will be available to answer any questions. 

6 In selecting a carrier to provide subsidized EAS for an eligible place not in Alaska, 49 U.S.C. § 41733(c) (1) 

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 Appropriations 

Act, 2014, Public Law No. 113-76, 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 B of this Order contains 

those general provisions. 
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connections to the national air transportation system using 19-seat aircraft. For service using 

larger aircraft, we are requesting two nonstop or one-stop round trips each weekday and weekend 

(a total of 12 per week). If smaller aircraft are contemplated (e.g. 9-seat aircraft), additional 

frequencies will be considered, although we would expect the service to be nonstop to the hub 

airport. 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. 

Special discussion about Bradford and Franklin/Oil City 

The FAA Modernization and Reform Act of 2012 amended 49 U.S.C. § 41731(a)(1)(B) to 

change the definition of “eligible place” for the purpose of receiving EAS. The amendment 

states that to be eligible, a community must maintain an average of 10 enplanements or more per 

service day, as determined by the Secretary, during the most recent fiscal year beginning after 

September 30, 2012. The legislation exempts locations in Alaska and Hawaii and communities 

that are more than 175 driving miles from the nearest large or medium hub airport.

7 The 

Secretary also has the authority to waive the 10-enplanement standard, on an annual basis, if the 

community can demonstrate that the reason the location averages fewer than 10 enplanements 

per day is due to a temporary decline in enplanements.8

Order 2014-4-26, issued April 24, 2014 tentatively, found that both Bradford and Franklin were 

within 175 miles of a large or medium hub (PIT) and both averaged fewer than 10 enplanements 

per day in fiscal year 2013 and, thus, tentatively terminated both communities’ EAS eligibility. 

That tentative decision was made final by Order 2014-6-6, issued June 24, 2014. 

However, as we mentioned above, the statute allows communities to apply for a waiver from the 

10-enplanement statute. We also announced that we would not terminate EAS subsidy during 

the processing of any waiver petitions, which are due to the Department by July 24. Thus, 

Bradford and Franklin’s long-term status in the EAS program is not clear at this time. Therefore, 

we will not make a carrier selection for those two communities; rather, we will simply maintain 

the status quo by continuing to subsidize Silver Airways under the existing service and subsidy 

terms.9

Legislative Changes That May Affect Future EAS Eligibility 

As mentioned above, Public Law No 112-95 amended 49 U.S.C. § 41731(a)(1)(B) to change the 

definition of “eligible place” for the purpose of receiving EAS. The amendment states that to be 

eligible, a community must maintain an average of 10 enplanements or more per service day, as 

 

7

49 U.S.C. § 41731(c) & (d). 

8

49 U.S.C. § 41731(e). 9 See Order 2012-9-23, issued September 27, 2012. 
- 10 - 

determined by the Secretary, during the most recent fiscal year beginning after September 30, 

2012.10 The legislation exempts locations in Alaska and Hawaii and communities that are more 

than 175 driving miles from the nearest large or medium hub airport. Additionally, the 

Department of Transportation and Related Agencies Appropriations Act, 2000, prohibits the 

Department from subsidizing EAS to communities located within the 48 contiguous States 

receiving per passenger subsidy amounts exceeding $200, unless the communities are located 

more than 210 miles from the nearest large or medium hub airport. As Altoona, Clarksburg, 

DuBois, Jamestown, Johnstown, Morgantown, Parkersburg, and Staunton are within 175 miles 

of a large or medium hub airport, and thus also within 210 miles of a large or medium hub, the 

communities must meet the 10-enplanement-a-day threshold and not exceed the $200 subsidy 

per passenger cap for EAS to continue, barring a waiver from the Secretary.11

For the 12-month period of October 1, 2012, through September 30, 2013, Altoona generated 

7,830 total origin and destination passengers, or an average of 12.5 enplanements per day; 

Clarksburg generated 11,784 total origin and destination passengers, or an average of 18.8 

enplanements per day; DuBois generated 9,793 total origin and destination passengers, or an 

average of 15.6 enplanements per day; Jamestown generated 6,321 total origin and destination 

passengers, or an average of 10.1 enplanements per day; Johnstown generated 12,287 total origin 

and destination passengers, or an average of 19.6 enplanements per day; Morgantown generated 

20,381 total origin and destination passengers, or an average of 32.6 enplanements per day; 

Parkersburg generated 16,357 origin and destination passengers, or an average of 26.1 

enplanements per day; and Staunton generated 28,203 total origin and destination passengers, or 

an average of 45.1 enplanements per day.12

Air carriers and the communities should also be aware that the Department will continue to 

monitor community eligibility to receive EAS in light of these new requirements throughout the 

life of any executed contract. The Department may cancel a contract for any community 

receiving EAS if enplanements remain below 10 per day during FY2013. Communities that 

believe their enplanements are below 10 per day due to a temporary decline should provide a 

detailed explanation of the temporary decline to the Department with relevant supporting 

documents. 

Public Law 112-95, signed into law on February 14, 2012, further amended the definition of 

“eligible place” for the purpose of receiving EAS.13 The amendment, among other things, states 

that to be eligible, a community must have had an average subsidy per passenger of less than 

$1,000 during the most recent fiscal year, as determined by the Secretary of Transportation. 

 

10 The Secretary also has authority to waive the 10 passenger requirement, on an annual basis, if the community can 

demonstrate that the reason the location averages fewer than 10 passengers per day is due to a temporary decline in 

enplanements. See 49 U.S.C. §41731(e). 

11 On May 1, 2014, a Notice of Proposed Enforcement Policy on the $200 per passenger subsidy cap was published 

in the Federal Register (Volume 79, Issue 84). It outlined the Department’s proposed policy on this issue, which 

would use traffic data from October 1, 2014, through September 30, 2015, to measure compliance. The Department 

has solicited public comments on the policy and the comment period closed June 30, 2014. Refer to 

www.regulations.gov and search “DOT-OST-2014-0061” for more information. 

12 Enplanements represent one-half of total origin-and-destination traffic. 

13 See 49 U.S.C. § 41731.
- 11 - 

The Department will monitor the average daily enplanements and subsidy per passenger rate at 

each of the above communities during the upcoming contract. The Department highly 

encourages all parties involved to work together to maintain or increase enplanements in order to 

remain in compliance with the statute. 

Other Carrier Requirements 

The Department is responsible for implementing various Federal statutes governing lobbying 

activities, drug-free workplaces, and nondiscrimination.14 Consequently, all carriers receiving 

Federal subsidy for EAS must certify that they are in compliance with Department regulations 

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

exceed $100,000 over the life of the contract 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, all carriers that plan to submit proposals 

involving subsidy should be aware that the selected carrier will be required to complete the 

required certifications. Interested carriers requiring more detailed information regarding these 

requirements should contact the Office of Aviation Analysis at (202) 366-5903. 

Community Comments 

The Beckley community and the State of West Virginia are welcome to submit comments at any 

time. We encourage prospective applicants to contact the communities before they submit their 

proposals so that they can tailor them to the community’s needs, as they will not be able to 

amend them after the due date. As noted earlier, we will provide a summary of the proposals to 

the civic parties shortly after the deadline for carrier proposals, and ask them to submit their final 

comments. 

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

ACCORDINGLY,

1. The Department selects Silver Airways to provide Essential Air Service at DuBois and 

Johnstown, Pennsylvania, Clarksburg/Fairmont, Greenbrier/White Sulphur Springs, and 

Morgantown, West Virginia, Parkersburg, West Virginia/Marietta, Ohio, and Staunton, Virginia; 

2. The Department selects Sun Air Express, LLC d/b/a Sun Air International to provide Essential 

Air Service at Altoona, Pennsylvania, and Jamestown, New York; 

3. The Department requests proposals from carriers interested in providing EAS at Beckley, 

West Virginia. Carriers should submit proposals, with subsidy if necessary, by July 31, 2014. 

Proposals should be emailed to EAS@dot.gov, with the title “Proposal(s) to Provide EAS at 

Beckley;”15

 

14 The certifications are also available on the web at http://www.dot.gov/policy/aviation-policy/small-communityrural-air-service/essential-air-service

15 Questions regarding filings may be directed to Scott Faulk at 202-366-9967 or Scott.Faulk@dot.gov. 
- 12 - 

4. The Department requires Silver Airways to continue its subsidized service at Beckley until a 

new carrier is selected and inaugurates service, with its rate set as described in Order 2012-4-32, 

issued on April 30, 2012, and detailed in Appendix B; 

5. The Department requires Silver Airways to continue its subsidized service at Bradford and 

Franklin/Oil City, Pennsylvania, until further notice; 

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

7. We will serve this Order on Mayors of Altoona, Bradford, DuBois, Franklin, Johnstown, and 

Oil City, Pennsylvania; Jamestown, New York; Beckley, Clarksburg, Fairmont, White Sulphur 

Springs, Morgantown, and Parkersburg, West Virginia; Staunton, Virginia , the airport managers 

at Altoona-Blair County Regional Airport, Bradford Regional Airport, DuBois Regional Airport, 

Greenbrier Valley Airport, Jamestown-Chautauqua Airport, John Murtha Johnstown-Cambria 

County Airport, Venango Regional Airport (Franklin/Oil City), Raleigh County Memorial 

Airport (Beckley), North Central West Virginia Airport (Clarksburg/Fairmont), Morgantown 

Municipal Airport, Mid-Ohio Valley Regional Airport (Parkersburg/Marietta), Shenandoah 

Valley Regional Airport (Staunton), and the service list for these Dockets. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs 

(SEAL) 

An electronic version of this document is available 

online at www.regulations.gov. 
Appendix A 

AREA MAP 

This map is provided by Sabre® AirVisionTM Profit Essentials and is being used with express 

permission of the copyright holder, Sabre Airline Solutions®
Appendix B 

Page 1 of 11 

Silver Airways 

Essential Air Service to be provided at Altoona, Pennsylvania 

Docket DOT-OST-2002-11446

Effective Period: August 1, 2014, through September 30, 2014 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles 

(IAD) 

Aircraft: 34-passenger Saab 340 

Rate per Eligible Flight: $1,0891

Weekly Ceiling: $39,2042

Note: 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 service levels, the carrier may cease to provide service to that 

specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

 

1 Annual compensation of $3,997,187 divided by 2 divided by 1,835 annual departures (36 weekly 

departures x 52 weeks x 98 percent completion). This compensation rate from Order 2012-4-30 was for 

Altoona and Johnstown. Johnstown now has its own rate (See Appendix B, Page 8 of 11). 

2 36 flights per week multiplied by $1,089 per flight. 
Appendix B 

Page 2 of 11 

Sun Air Express, LLC d/b/a Sun Air International 

Essential Air Service to be provided at Altoona, Pennsylvania 

Docket DOT-OST-2002-11446 

Effective Period: October 1, 2014, through September 30, 2016 

Scheduled Service: 26 weekly nonstop round trips to Pittsburgh (PIT) 

Aircraft: 8-seat Piper Chieftain 

Rate per Eligible Flight: $8903

Weekly Ceiling: $46,2804 

Note: 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 service levels, the carrier may cease to provide service to that 

specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

3 Annual compensation of $2,346,168 divided by the 2,636 annual departures (52 flights per week x 52 

week x 97.5 percent completion). 

4 52 arrivals and departures per week multiplied by $890 per flight. 
Appendix B 

Page 3 of 11 

Silver Airways 

Essential Air Service to be provided at Beckley, West Virginia 

Docket DOT-OST-1997-2761 

Effective Period: August 1, 2014, through December 31, 20141

Scheduled Service: 12 weekly round trips (7 nonstop and 5 one-stop) to Washington 

Dulles (IAD) 

Intermediate stops and upline service: An intermediate stop is permitted on five (5) of 

the 12 weekly round trips 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $2,0542

Weekly Ceiling: $49,2963 

Note: 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 service levels, the carrier may cease to provide service to that specific location without regards 

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 contract 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 September 30, 2014. The Government’s obligation for 

performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department for performance. If sufficient funds are not made 

available for performance beyond September 30, 2014, 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. 

 

1 Because an end date is needed as a budgetary marker, we will select December 31, 2014. However, we 

will require Silver Airways to continue service at Beckley until further notice. 

2 Annual compensation of $2,512,494 divided by the 1,223 annual departures (24 weekly departures x 52 

weeks x 98 percent completion). 

3 24 arrivals and departures per week multiplied by $2,054 per flight. 
Appendix B 

Page 4 of 11 

Silver Airways 

Essential Air Service to be provided at Clarksburg/Fairmont, West Virginia 

Docket DOT-OST-2005-20736 

Effective Period: August 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles 

(IAD) 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,2681

Weekly Ceiling: $45,6482 

Note: 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 service levels, the carrier may cease to provide service to that 

specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

1 Annual compensation of $2,310,252 divided by the 1,822 annual departures (6 flights per day x 313 days 

x 97 percent completion). 

2 36 arrivals and departures per week multiplied by $1,268 per flight. 
Appendix C 

Page 5 of 11 

Silver Airways 

Essential Air Service to be provided at DuBois, Pennsylvania 

Docket DOT-OST-2004-17617 

Effective Period: October 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles 

(IAD) 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,2543

Weekly Ceiling: $45,1444 

Note: 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 service levels, the carrier may cease to provide service to that 

specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

3 Annual compensation of $2,285,539 divided by the 1,822 annual departures (6 flights per day x 313 days 

x 97 percent completion). 

4 36 arrivals and departures per week multiplied by $1,254 per flight. 
Appendix B 

Page 6 of 11 

Silver Airways 

Essential Air Service to be provided at Greenbrier/White Sulphur Springs, West Virginia 

Docket DOT-OST-2003-15553 

Effective Period: August 1, 2014, through September 30, 2016 

Scheduled Service: 7 weekly nonstop round trips and 7 weekly one-stop round trips to 

Washington Dulles (IAD) in the peak season from May 1 through October 31, and 6 weekly 

nonstop and 6 weekly one-stop round trips to Washington Dulles (IAD) in the off peak season 

from November 1 through April 301

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $2,7322

Weekly Ceiling: $76,4963 (May 1 – October 31); $65,568 (November 1 – April 30) 

Note: 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 service levels, the carrier may cease to provide service 

to that specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

1 Silver may operate up to 7 round trips per week to Atlanta, GA, up to 50% of scheduled flights through January 31, 2015, for 

schedule transition purposes. 

2 Annual compensation of $3,582,194 divided by the 1,311 annual departures (28 flights per week x 26 weeks x 97 percent 

completion = 706 + 24 flights per week x 26 weeks x 97 percent completion=605). 

3 28 arrivals and departures per week multiplied by $2,732 per flight (May 1 – October 31). 

24 arrivals and departures per week multiplied by $2,732 per flight (November 1 – April 30) 
Appendix C 

Page 7 of 11 

Sun Air Express, LLC d/b/a Sun Air International 

Essential Air Service to be provided at Jamestown, New York 

Docket DOT-OST-2003-14950 

Effective Period: October 1, 2014, through September 30, 2016 

Scheduled Service: 24 weekly nonstop round trips to Pittsburgh (PIT) 

Aircraft: 8-seat Piper Chieftan 

Rate per Eligible Flight: $8384

Weekly Ceiling: $40,2245 

Note: 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 service levels, the carrier may cease to provide service 

to that specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

4 Annual compensation of $2,045,481 divided by the 2,441 annual departures (8 flights per day x 313 days 

x (or 97.5%) percent completion). 

5 48 arrivals and departures per week multiplied by $838 per flight. 
Appendix B 

Page 8 of 11 

Silver Airways 

Essential Air Service to be provided at Johnstown, Pennsylvania 

Docket DOT-OST-2002-11451 

Effective Period: August 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,3381

Weekly Ceiling: $48,1682 

Note: 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 service levels, the carrier may cease to provide service 

to that specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

1 Annual compensation of $2,438,254 divided by the 1,822 annual departures (6 flights per day x 313 days 

x 97 percent completion). 

2 36 arrivals and departures per week multiplied by $1,338 per flight. 
Appendix B 

Page 9 of 11 

Silver Airways 

Essential Air Service to be provided at Morgantown, West Virginia 

Docket DOT-OST-2005-20735 

Effective Period: August 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles (IAD) 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,2851

Weekly Ceiling: $46,2602 

Note: 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 service levels, the carrier may cease to provide service 

to that specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

1 Annual compensation of $2,342,074 divided by the 1,822 annual departures (6 flights per day x 313 days 

x 97 percent completion). 

2 36 arrivals and departures per week multiplied by $1,285 per flight. 
Appendix B 

Page 10 of 11 

Silver Airways 

Essential Air Service to be provided at Parkersburg, WV/Marietta, OH 

Docket DOT-OST-2005-20734 

Effective Period: October 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles 

(IAD) 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,9241

Weekly Ceiling: $69,2642 

Note: 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 service levels, the carrier may cease to provide service 

to that specific location without regards 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 contract 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 September 30, 2014. The Government’s 

obligation for performance under this order beyond September 30, 2014, 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 September 30, 2014, until funds are made available to the Department 

for performance. If sufficient funds are not made available for performance beyond September 30, 2014, 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. 

 

1 Annual compensation of $3,505,876 divided by the 1,822 annual departures (6 flights per day x 313 days 

x 97 percent completion). 

2 36 arrivals and departures per week multiplied by $1,924 per flight. 
Appendix B 

Page 11 of 11 

Silver Airways 

Essential Air Service to be provided at Staunton, Virginia 

Docket DOT-OST-2002-11378 

Effective Period: August 1, 2014, through September 30, 2016 

Scheduled Service: 18 weekly nonstop and one-stop round trips to Washington Dulles (IAD) 

Aircraft: 34-seat Saab 340 

Rate per Eligible Flight: $1,0871

Weekly Ceiling: $39,1322 

Note: 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 service levels, the carrier may cease to provide service to that specific location without regards 

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 contract 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 September 30, 2014. The Government’s obligation for 

performance under this order beyond September 30, 2014, 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 

September 30, 2014, until funds are made available to the Department for performance. If sufficient funds are not made available 

for performance beyond September 30, 2014, 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

 

1 Annual compensation of $1,980,922 divided by the 1,822 annual departures (6 flights per day x 313 days x 97 percent 

completion). 

2 36 arrivals and departures per week multiplied by $1,087 per flight.