Order: 2014-10-13

Served: October 15, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the15th day of October, 2014

Essential Air Service at

BRADFORD, PENNSYLVANIA

FRANKLIN/OIL CITY, PENNSYLVANIA

JAMESTOWN, NEW YORK

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

 Docket DOT-OST-2003-14528

 Docket DOT-OST-1997-2523

 Docket DOT-OST-2003-14950

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this Order, the Department of Transportation extends the Essential Air Service (EAS) 

obligation of Silver Airways (“Silver”), at Bradford and Franklin/Oil City (“Franklin”), 

Pennsylvania, and Jamestown, New York, for an additional 30 days, through 

November 14, 2014. At Jamestown, we are extending Silver at the current subsidy rates, until 

Sun Air commences service with new rates and aircraft.

Background

On February 14, 2014, Silver filed a 90-day notice of its intention to terminate scheduled air 

service at Bradford, DuBois, Franklin, Jamestown, and Parkersburg, effective May 15, 2014. 

By Order 2014-3-12 (March 19, 2014), the Department initially prohibited Silver from 

suspending service through June 14, 2014, and requested proposals from air carriers interested in 

providing replacement service. In response to our request, four proposals were submitted: Silver 

Airways (the incumbent), Boutique Air, City Link Air, and Sun Air. We have required Silver to 

continue serving Bradford, Franklin and Jamestown, most recently by Order 2014-9-9 

(September 11, 2014), through October 14, 2014.

By Order 2014-6-6(June 24, 2014) Bradford and Franklin’s eligibility for EAS was terminated 

because the communities did not generate 10 enplanements per day as required by 49 U.S.C. § 

41731(a)(1)(B). Both communities have filed petitions for a waiver from the requirement. 

Those were due July 24, 2014. By Order 2014-9-21 (September 26, 2014), the Department 

granted waivers to both communities. We will make a carrier selection at both communities as 
2

soon as possible. During this time, we will continue to hold Silver in to provide EAS at both 

communities, in accordance with 49 U.S.C. § 41734(c).

By Order 2014-7-11 (July 18, 2014), the Department selected a new carrier, Sun Air Express, 

LLC d/b/a Sun Air International (“Sun Air”), to provide EAS at Jamestown, from 

October 1, 2014, through September 30, 2016, re-selected Silver at DuBois, and Parkersburg, 

from October 1, 2014, through September 30, 2016, and deferred action on Bradford and 

Franklin until further Order from the Department.1 

Since the current 30-day hold-in, as established by Order 2014-9-9, only runs through 

October 14, 2014, we must extend Silver’s service obligation for an additional 30 days at 

Bradford, Franklin and Jamestown.

By advisory dated September 10, 2014, Silver outlined its plans to terminate service at Bradford

and Franklin, effective November 1, 2014.2 This does not relieve them of their EAS obligations 

at both communities. 

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

ACCORDINGLY,

1. We require Silver Airways to provide the level of service at Bradford, Franklin, and 

Jamestown, as set forth in Order 2014-3-12, for an additional 30-day period through 

November 14, 2014, or until further Department action;

3

2. We direct Silver Airways to retain all books, records, and other source and summary 

documentation to support subsidy claims for payment, and to preserve and maintain such 

documentation in a manner that readily permits its audit and examination by representatives of 

the Department. Such documentation shall be retained for seven years from the service date of 

this Order or until the Department indicates that the records may be destroyed, whichever comes 

first. Copies of flight logs for aircraft sold or disposed of must be retained. The carrier may 

forfeit its compensation for any claim that is not supported under the terms of this Order;

3. These dockets will remain open until further Order of the Department; and

 

1 Sun Air is not able to begin service at Jamestown until November 1, 2014, therefore, we are holding in Silver.

2 From www.silverairways.com

3 In accordance with 49 U.S.C. §41734(c), we will extend Silver Airways service obligation for successive 30-day periods as

necessary.
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4. The Department will serve a copy of this Order on the mayors of Bradford, Franklin, and 

Jamestown, the airport managers at each respective community, the Pennsylvania Department of 

Transportation, and the service list for this docket.

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

Aviation Economic Regulations, 14 CFR 385.31(a), must file such petitions within seven (7) 

days after the date of service of this order.

This Order will be effective immediately, and the filing of a petition for review shall not 

preclude its effectiveness.

By:

Susan L. Kurland

Assistant Secretary for Aviation

And International Affairs

(SEAL)

An electronic version of this document is available on online at

www.regulations.gov
Appendix A

Essential Air Service to be maintained at Bradford, Franklin, and Jamestown

Effective Period: October 15, 2014, through November 14, 2014

Scheduled Service: 18 weekly nonstop or one-stop round trips to Cleveland

 12 weekly nonstop or one-stop round trips to Cleveland

 18 weekly nonstop or one-stop round trips to Cleveland

 

Aircraft: 19-seat Beech 1900D