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 , 20 14

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 O rder, the Department extends the Essential Air Service (EAS) o bligation 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 o f its intent to terminate its

subsi dized EAS at the above

- mentioned communi t ies , effective July 8

, 2014 . By

Order 2014

- 4

- 24 (April 22, 2014 )

, the Department prohibited Silver from su s pending service through August 6

, 20 14 , 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 Sh oals’ el igibility 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 i s 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 co mmunities, i n acc ordance 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, i n acc ordance 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 Departme nt.

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 un til replacement service begins, whic hever occurs first, i n acc ordance

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 a n air carrier ca pable of providing

reliable EAS actually begins service, whichever is fi rst ; 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 examina tion 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 t erms of this O rder;

3. These d ocket s 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 repl acement 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 mayor s of Muscle Shoals, Greenville,

Laurel

, Ha ttiesburg, Meridian, and Tupelo the airport man ager s at Northwest Alabama Regional Airport, Mid

- Delta Regional Airport (Greenville) , Hattiesburg

- Laurel Regional Airport, Meridian Regional Airpo rt, and Tupelo Regional Airport, Silver Airways Corp. and ExpressJet

Airlines

.

Persons entitled to petition t he 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:

TODD M. HOMAN

Director Office of Aviation Analysis

(SEAL)

An electronic version of this document is available at www.regulations.govAPPENDIX 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 rou nd trips to Meridian 12 weekly nonstop round trips to Tupelo

Aircraft : 34

- passenger Saab 340