Order: 2014-9-5

Served: September 5, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 5th day of September, 2014

Essential Air Service at

MUSCLE SHOALS, ALABAMA

GREENVILLE, MISSISSIPPI

LAUREL/HATTIESBURG, MISSISSIPPI

MERIDIAN, MISSISSIPPI

TUPELO, MISSISSIPPI

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

Docket DOT-OST-2000-7856

Docket DOT-OST-2008-0209

Docket DOT-OST-2001-10685

Docket DOT-OST-2008-0112

Docket DOT-OST-2009-0305

ORDER EXTENDING SERVICE OBLIGATION

Summary

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

Airways Corp. (Silver), at Muscle Shoals, Alabama, Greenville, Laurel/Hattiesburg, Meridian, 

and Tupelo, Mississippi, for an additional 30 days, through October 5, 2014.

Background

On April 9, 2014, Silver filed a 90-day notice with the Department of its intent to terminate its 

subsidized EAS at the above-mentioned communities, effective July 8, 2014. By 

Order 2014-4-24 (April 22, 2014), the Department prohibited Silver from suspending service 

through August 6, 2014, and requested proposals from air carriers interested in providing 

replacement service. Several carriers filed proposals. Refer to each community’s docket on 

www.regulations.gov for carrier proposals.

Order 2014-6-6, June 24, 2014, terminated Greenville and Muscle Shoals’ eligibility for EAS

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 Department 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).
2

By Order 2014-7-12 (July 14, 2014), the Department selected ExpressJet Airlines to provide 

EAS at Laurel/Hattiesburg and Meridian starting November 1, 2014.1 

By Order 2014-8-2 (August 6, 2014) the Department extended Silver’s service obligation at 

Muscle Shoals, Greenville, Laurel/Hattiesburg, Meridian, and Tupelo for an additional 30 days 

through September 5, 2014, in accordance with 49 U.S.C. § 41734(c).

By Order 2014-8-19 (August 27, 2014) the Department selected SeaPort Airlines, Inc. to 

provide EAS at Tupelo starting October 1, 2014. By that same Order, the Department deferred 

action at Muscle Shoals and Greenville until further Order from the Department. 

Since new air carriers will not replace Silver’s service at Laurel/Hattiesburg, Meridian, and 

Tupelo before the September 5 hold-in date, we must extend Silver’s service obligation for an 

additional 30 days, or until replacement service begins, whichever occurs first, 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 Corp. to provide the level of service at Muscle Shoals, Greenville, 

Laurel/Hattiesburg, Meridian, and Tupelo, Mississippi, as set forth in Order 2014-4-24, for an 

additional 30-day period through October 5, 2014, or until an air carrier capable of providing 

reliable EAS actually begins service, whichever is first;2

2. We direct Silver Airways Corp. 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 ExpressJet tentatively plans to begin service at Laurel/Hattiesburg and Meridian on November 6, 2014.

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

as necessary until replacement service actually begins at Tupelo, Laurel/Hattiesburg, and Meridian. See the 

previous page for discussion of Muscle Shoals and Greenville.
3

4. The Department will service a copy of this Order on the mayors of Muscle Shoals, Greenville, 

Laurel, Hattiesburg, Meridian, and Tupelo the airport managers at Northwest Alabama Regional 

Airport, Mid-Delta Regional Airport (Greenville), Hattiesburg-Laurel Regional Airport, 

Meridian Regional Airport, and Tupelo Regional Airport, Silver Airways Corp. and ExpressJet 

Airlines.

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:

TODD M. HOMAN

Director

Office of Aviation Analysis

(SEAL)

An electronic version of this document is available at

www.regulations.gov
APPENDIX A

Essential Air Service to be Maintained at Muscle Shoals, Alabama; Greenville, 

Laurel/Hattiesburg, Meridian, and Tupelo, Mississippi

Effective Period: September 6, 2014, through October 5, 2014

Hub: Hartsfield-Jackson Atlanta International Airport (ATL)

Scheduled Service: 12 weekly nonstop round trips to Muscle Shoals

12 weekly one-stop round trips to Greenville

12 weekly nonstop round trips to Laurel/Hattiesburg

12 or 13 weekly nonstop round trips to Meridian

12 weekly nonstop round trips to Tupelo

Aircraft: 34-passenger Saab 340