Order 2013-4-3

Served: April 8, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 8th of April, 2013

Essential Air Service at

EL CENTRO, CALIFORNIA

Under 49 U.S.C.§ 41731 et seq. 

DOCKET OST-2008-0299

ORDER APPROVING ALTERNATE SERVICE PATTERN

Background

By Order 2013-1-2, January 2, 2013, the Department selected SeaPort Airlines, Inc. 

(SeaPort), to provide Essential Air Service (EAS) at El Centro, California, for a twoyear period from the start of the carrier’s service. The Order selected Seaport to provide 

El Centro with 29 nonstop round trips per week to San Diego, California, an annual 

subsidy of $1,943,751. 

By letter dated April 3, 2013, El Centro requested that SeaPort be allowed to provide an 

alternate service pattern, consisting of 12 nonstop round trips a week to Burbank (BUR) 

and 12 nonstop round trips a week to San Diego (SAN), for a total of 24 nonstop round 

trips per week. SeaPort has indicated that it would be willing to provide this alternate 

service with no increase in subsidy, and that it would start the service on May 1, 2013, 

when it plans to inaugurate EAS to the community.

Decision

We will approve the alternate service pattern, which meets the three conditions necessary for 

approval under authority assigned under 14 CFR Part 385.12(k)(3) of the Department’s 

Regulations: (1) the alternate service pattern is equal to or greater than that determined to be 

essential; (2) the community does not object to the alternate service pattern; and (3) the 

alternate service pattern will not increase the level of subsidy. 
2

Because we are simply allowing the alternate service pattern and not requiring it, SeaPort may 

revert to the San Diego-only service contemplated by Order 2013-1-2 at any time, subject to 

reasonable notification of the community.1

 

This Order is issued under authority assigned in 14 CFR Part 385.12(k)(3). 

ACCORDINGLY,

1. We approve the alternate service pattern requested by El Centro, California; 

2. This docket will remain open until further order of the Department; and

3. We will serve a copy of this Order on the mayor and airport manager of El Centro, 

California. 

Persons entitled to petition the Department for review of this staff action under the 

Department’s Regulations, 14 CFR Part 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 on the World Wide Web at

http://www.regulations.gov

 1 We recognize that SeaPort has not yet inaugurated service at El Centro, but that it anticipates inaugurating 

service on May 1, 2013. Should SeaPort start the alternate service on May 1, 2013, or if it starts the 

alternate service later, we expect the carrier to notify any passengers holding reservations and assist those 

passengers in making alternate air transportation arrangement, or to provide a refund of the ticket price, 

without penalty, if requested.
Appendix A

Great Circle Miles to El Centro (IPL)

San Diego (SAN) 94

Yuma (YUM) 58

Phoenix (PHX) 211

Los Angeles (LAX) 181

Burbank (BUR) 186 .
Appendix B

SeaPort Airlines, Inc., Essential Air Service to be Provided to 

El Centro, California, Docket OST-2008-0299

Effective Period: May 1, 2013, through April 30, 2015.

Scheduled Service: BUR: 12 nonstop round trips per week; and SAN, 12 nonstop round trips per week.

Aircraft: Cessna 208 Caravan, 9-seat, single-engine turboprop.

Rate per Eligible Flight: $787 1

Weekly Ceiling: $37,776 2

Note: The carrier understands that it may forfeit its compensation for any flights that it does not operate in conformance 

with the terms and stipulations of the rate Order, including the service plans outlined in the Order and any other 

significant elements of the required service, without prior approval. The carrier understands that an aircraft take-off and 

landing at its scheduled destination constitutes a completed flight; absent an explanation supporting subsidy eligibility for

a flight that has not been completed, such as certain weather cancellations, only completed flights are considered eligible 

for subsidy. In addition, if the carrier does not schedule or operate its flights in full conformance with the Order for a 

significant period, it may jeopardize its entire subsidy claim for the period in question. If the carrier contemplates any 

such changes beyond the scope of the Order during the applicable period of this rate, it must first notify the Office of 

Aviation Analysis in writing and receive written approval from the Department to be ensured of full compensation. 

Should circumstances warrant, the Department may locate and select a replacement carrier to provide service on these 

routes. The carrier must complete all flights that can be safely operated; flights that overfly points for lack of traffic will 

not be compensated. In determining whether subsidy payment for a deviating flight should be adjusted or disallowed, the 

Department will consider the extent to which the goals of the program are met and the extent of access to the national air 

transportation system provided to the community.

If the Department unilaterally, either partially or completely, terminates or reduces payments for service or changes 

service requirements at a specific location provided for under this Order, then, at the end of the period for which the 

Department does make payments in the stipulated amounts or at the stipulated service levels, the carrier may cease 

to provide service to that specific location without regard to any requirement for notice of such cessation. Those 

adjustments in the levels of subsidy and/or service that are mutually agreed to in writing by the Department and 

carrier do not constitute a total or partial reduction or cessation of payment.

Subsidy contract are subject to, and incorporate by reference, relevant statutes and Department regulations, as they 

may be amended from time to time. However, any such statutes, regulations, or amendments thereto shall not 

operate to controvert the foregoing paragraph. Funds may not be available for performance under this order beyond 

September 30, 2013. The Government’s obligation for performance under this order beyond September 30, 2013, is 

subject to the availability of funds from which payment for services can be made. No legal liability on the part of 

the Government for any payment may arise for performance under this order beyond September 30, 2013, until 

funds are made available to the Department for performance. If funds are not made available for performance 

beyond September 30, 2013, the Department will provide notice in writing to the carrier.

All claims for payment must be submitted within 60 days of the last day of service provided under this Order.

 1 Annual compensation of $1,943,751 divided by 1,217 estimated annual completed departures and arrivals: 

24 round trips per week x 2 directions x 52 weeks x 99 percent completion = 2,471 departures per year.

2 48 flights/week x $787.