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 8 th 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 20 13

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- 2

, January 2, 2013 , the Department selected SeaPort Airlines, Inc. (SeaPort), to provide E ssential A ir S ervice (EAS) at El Centro

, California

, for a two

year period from the start of the carrier’s service

. The O rder 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

, 201 3

, El Centro requested that SeaPort be allowed to provide a n 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

. S eaPort 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 3 8 5.12(k)(3) of the Department’s Regulations: (1) the alternate service pattern is equal to or greater than th at 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 se rvice pattern and not requiring it, SeaPort may revert to the San Diego

- only service contemplated by Order 20 13

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- 2 at any time, subject to

reasonable notification of the community

. 1

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

ACCORDINGLY,

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

2. Th i s docket will remain open until further order of the Depart m ent; and

3. We will serve a copy of this O rder on the mayor and airport manage r of El Centro,

California

.

Persons entitled to petition the Department for review of this staff action under the Department’s Regulations, 14 CFR Part 385.3 1(a) must file such petitions within seven ( 7 ) days after the date of service of this O rder.

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 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 car rier 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 A irlines, 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 non stop 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 comple ted, 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 app roval 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 pro vided 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 r equirement 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 contra ct 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 b e 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 performan ce 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 w eek x 2 directions x 52 weeks x 9 9 percent completion = 2,471 departures per year.

2 48 flights/week x $ 787

.