Order: 2014

- 10

- 13

S erved: 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 , 20 14

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 O rder, the Department of Transportation extends the Essential Air Service (EAS)

o bligation of Silver Airways (“Silver”), at Bradford and Franklin/Oil City (“Franklin”), Pennsylva nia, and Jamestown, New York

, for an ad dit ional 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.

B y Order 2014

- 3

- 12 (March 19, 2014), the Department initially prohi bited 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, Cit y 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 fo r 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 (S eptember 26, 2014)

, the Department granted waivers to both communities. We will make a carrier selection at both communities as2

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 Parkersbur g
, from October 1, 2 014, through September 30, 2016, and deferred action on Bradford and

Franklin until further Order from the Departmen t. 1

Since the current 30

- day hold

- in, as establish ed 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, e ffective November 1, 2014. 2 This does not relieve them of their EAS obli gations

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 O rder 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 th at is not sup ported under the terms of this O rder;

3. These d ocket s will remain open until further O rder 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 wil l extend Silver Airways service obligation for successive 30

- da y periods as

necessary

.3

4. The Department will serve a copy of this Order on the mayor s of Bradford , Fran klin, and
Jamestown, the airport manager s 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 O rder under the Department’s

Aviation Eco nomic Regulations, 14 CFR 385.31(a) , must file such petitions within seven (7 ) days after the date of service of this order.

This O rder 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.govAppendix 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 o ne

- 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