Order 20 10

- 3

- 33 Served: March 29 , 2010


### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation

on the 29 th day of March , 20 10 Essential Air Service at ALPENA, MICHIGAN SAULT STE. MARIE, MICHIGAN INTERNATIONAL FALLS, MINNESOTA TUPELO, MISSISSIPPI under 49 U.S.C. 41731 et seq
. DOCKET OST - 2009 - 0300 DOCKET OST - 2009 - 0303 DOCKET OST - 2009 - 0304 DOCKET OST - 2009 - 0305

ORDER EXTENDING SERVICE OBLIGATION Summary By this order , the Department of Transportation extends the essential air service (EAS) obligation of Mesaba Aviation , Inc. (Mesaba) , at the above

- captioned communities , for an additional 30 days, through May 1 4 , 2010
. Background On July 14 , 200 9 , Mesaba filed a 90

- da y notice of its intent to suspend its subsidized service at eight communities, including the four communities captioned above, effective October 12
. By Order 200 9

- 7

- 16 , July 16 , 200 9 , the Department prohibited the carrier from suspending service through N ovember 12 at the communities, and requested proposals, with subsidy if necessary, from carriers interested in providing replacement service
. As required by 49 U.S.C. 41734, we have extended Mesaba ’s service obligation for additional 30

- day periods, the l atest through April 1 4 , 2 010 , by Order 2010

- 3

- 6
. By Order 2009

- 10

- 8, issued October 16, 200 9, the Department : (1) selected SkyWest Airlines to provide replacement service at Eau Claire, WI, Hancock/Houghton and Muskegon, MI, and Paducah, KY; and (2) reque sted proposals from carriers interested in providing replacement service at Alpena and Sault Ste. Marie, MI, International Falls, MN, and Tupelo, MS. SkyWest inaugurate d service at Muskegon and Paducah on February 11, and at Eau Claire and Hancock/Houghto n on February 28. However, the carrier

- selection process is still in pro gr ess at four communities captioned above . Therefore, i n accordance with 49 U.S.C. 41734(c), we will require Mesaba to provide the service levels at those communities as prescribed i n the ordering2 paragraphs of Order 2009

- 7

- 16, as adjusted by O r der 2009

- 8

- 10 , until replacement service is fully in place
. This order is issued under authority delegated in 49 CFR 1.56a(f). ACCORDINGLY, 1. We require Mesaba Aviation , Inc., to maintain the level of essential air service at the above

captioned communities as described in Order 2009

- 7

- 16, for an additional 30 day s , through May 1 4 , 20 10 , or until suitable replacement servi ce actually begins, whichever occurs first ; 1 2. We direct Mesaba Aviation, Inc., 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 t hat readily permits its audit and examination by representatives of the Department. Such documentation shall be retained for seven years 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. The s e docket s will remain open until further order of the Department; and 4. We will serve c opies of this order on the mayor s and airport manager s of Alpena and Sault Ste. Marie, MI , Tupelo, MS, and on Mesaba Aviation , Inc. By:

SUSAN L. KURLAND Assistant Secretary for Av iation and International Affairs (SEAL) An electronic version of this document is available on the World Wide Web at www.regulations .gov

1 In accordance with 49 U.S.C. 41734(c), we will extend Mes aba ’ s service obligation for successive 30

- day periods, as necessary, until suitable replacement service actually begins.