Order: 2014

- 8

- 7 Served: August 1 2 , 2014



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 1 2 th day of August , 20 14

Essential Air Service at

BRADFORD, PENNSYLVANIA DUBOIS, PENNSYLVANIA FRANKLIN/OIL CITY, PENNSYLVANIA JAMESTOWN, NEW YORK PARKERSBURG, WEST VIRGINIA/ MARIETTA, OHIO

Under 49 U.S.C. 41731 et seq

. Docket DOT

- OST

- 2003

- 14528

Docket DOT

- OST

- 2004

- 17617

Docket DOT

- OST

- 1997

- 2523

Docket DOT

- OST

- 2003

- 14950

Docket DOT

- OST

- 2005

- 20734



### 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, DuBois, and Franklin/Oil City (“Franklin”), Pennsylva nia; Jamestown, New York; and Parkersburg, West Virginia/Marietta, Ohio (“Parkersburg”)

, for an ad ditional 30 days, through September 14

, 2014

.

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

- 7

- 5 ( July 9 , 2014 )

, the Department prohibited Silver f rom su spendin g service through August 14, 2014 . Also, b y 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.2

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 Essential Air Service (EAS) at
Jamestown, New York, from October 1, 2014, th rough 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 Department.

Since the current 30

- day hold

- in, as establish ed by Order 2014

- 7

- 5, only runs through August 14, 2014, we must extend Silver’s service obligation for an additional 30 days.

Order 201 4

- 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. The De partment is currently reviewing their petitions. If either or both communities are granted a waiver, the Department will make a carrier selection after that

determination has been made. 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).

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, DuBois, Franklin

, Jamestown, and P arkersburg, as set forth in Order 2014

- 3

- 12 , for an additional 30

- day period through September 14

, 2014 , or until further Department action ; 1

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

3. This d ocket will remain open until further O rder of the Department; and

4. The Department will serve a copy of this Order on the mayor s of Bradford, DuBois, Franklin, Jamestown, and Parkersburg , 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) , mu st file such petitions within seven (7 ) days after the date of service of this order.

1 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

This O rder will be effective immediately, and the filing of a petition for review shall not preclude its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

(SEAL)

An electronic version of this document is available on online at www.regulations.govAppendix A

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

Effective Period: August 15 , 2014, through September 14, 2014

Scheduled Service : 18 weekly nonstop or one

- stop round trips to Bradford. 24 weekly nonstop or one

- stop round trips to DuBois 12 weekly nonstop or one

- stop round trips to Franklin 18 weekly nonstop or one

- stop round trips to Jamestown 24 weekly nonstop ro und trips to Parkersburg

Aircraft: 19

- seat Beech 1900D