Order: 2014-2-13

Served February 19, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19th day of February, 2014

 Essential Air Service at

 GREENBRIER/WHITE SULPHUR

 SPRINGS, WEST VIRGINIA

 BECKLEY, WEST VIRGINIA

 CLARKSBURG/FAIRMONT, 

 WEST VIRGINIA

 MORGANTOWN, WEST 

 VIRGINIA

 STAUNTON, VIRGINIA

Under 49 U.S. C. § 47131 et seq.

 DOCKET DOT-OST-2003-15553

 

 DOCKET DOT-OST-1997-2761

 DOCKET DOT-OST-2005-20736

 DOCKET DOT-OST-2005-20735

 DOCKET DOT-OST-2002-11378 

ORDER REQUESTING PROPOSALS

Summary

By this Order, the Department is requesting proposals from air carriers interested in providing 

Essential Air Service (EAS) at Greenbrier/White Sulphur Springs (Greenbrier or Lewisburg), 

Beckley, Clarksburg/Fairmont (Clarksburg), and Morgantown, West Virginia; and Staunton, 

Virginia, for a new contract term, with or without subsidy support, beginning August 1, 2014. 

Proposals are due March 21, 2014. (See Appendix A for area maps). 

Background

By Order 2012-4-32, issued on April 30, 2012 (Beckley, Clarksburg, and Morgantown); Order 

2012-5-17, issued on May 22, 2012 (Greenbrier);1 and Order 2012-6-10, issued on 

June 18, 2012 (Staunton), the Department selected Silver Airways (Silver) to provide subsidized 

EAS at all of the above communities, using 34-seat Saab 340 aircraft, for the period from 

July 1, 2012, through July 31, 2014, for a combined annual subsidy of $12,848,083 ($3,484,710 

for Greenbrier; and $3,394,629 for Staunton, $2,512,494 for Beckley, and $3,456,250 combined 

for Clarksburg and Morgantown). 

Those Orders selected Silver to provide the following service: At Lewisburg, 12 weekly nonstop 

round trips during the off-peak season of November 1 through April 30, and 14 weekly nonstop 

 1 Order 2012-5-17 also selected Silver to serve communities in Alabama and Mississippi. We will deal with those 

communities in a separate Order.
2

round trips during the peak season of May 1 through October 31, with service to HartsfieldJackson Atlanta International Airport (ATL) and Washington Dulles International Airport (IAD).

At Staunton, 18 weekly round trips to IAD, with up-line service permitted. 

At Beckley, 12 weekly round trips to IAD, with intermediate stops permitted on 5 of those round 

trips (currently at Staunton). 

At Clarksburg and Morgantown, Silver offers 18 weekly nonstop or one-stop round trips over a 

Clarksburg-Morgantown-IAD or Morgantown-Clarksburg-IAD routing. 

Those Orders, as well as the complete public file for EAS at each of the above 

communities, may be accessed online through the Federal Docket Management System at 

http://www.regulations.gov, by entering the community’s respective Docket number in the 

“SEARCH for: Rules, Comments, Adjudications or Supporting Documents:” field.

Request for Proposals

As the end of the current rate term approaches, we are here requesting proposals from air carriers 

interested in providing EAS at the above communities, with or without subsidy support, for a 

new contract term beginning August 1, 2014. Air carriers should file their proposals no later 

than March 21, 2014. After that date, our staff will docket the proposals, thereby making them 

public. Additionally, we request each air carrier serve a copy of its proposal on the civic parties 

at the above communities and on the other applicants. Shortly afterwards, we will provide a 

summary of the proposals to the communities and ask them to submit any formal comments on 

this carrier-selection case. We will give full consideration to all proposals that are timely filed.2 

We are here providing interested air carriers with some basic information to serve as guidance 

when they prepare their proposals, but we will not prescribe a precise format for their 

proposals. We expect proposals to adequately describe the service being proposed and the 

annual amount of subsidy being requested. The applicants can make their own judgments as 

to the level of detail they wish to present; however, we recommend they include 

information concerning proposed schedules and projected block hours. In addition, applicants 

are urged to provide financial data supporting their subsidy requests, including information on 

their projected expenses and revenues. We strongly encourage clear, well-documented 

proposals that will facilitate their evaluation by the affected communities and the 

Department.3

 2 Air carriers should not expect the Department to accept late filings. In cases where a carrier proposes to provide 

EAS without subsidy and we determine that service can be reliably provided without such compensation, we usually 

do not proceed with the carrier-selection case. Instead, we simply rely on that carrier’s subsidy-free service as 

proposed.

3 In selecting a carrier to provide subsidized EAS for an eligible place not in Alaska, 49 U.S.C. § 41733(c)(1) 

directs us to consider five factors: (a) service reliability; (b) contractual and marketing arrangements with a larger 

carrier at the hub; (c) interline arrangements with a larger carrier at the hub; (d) community views, giving substantial 

weight to the views of the elected officials representing the users; and (e) whether the carrier has included a plan in 

its proposal to market its service to the community. In addition, the Consolidated Appropriations Act, 2014, Public 

Law No. 113-76, provides that when selecting a carrier to provide EAS, the Department may consider the relative 

subsidy requirements, thus codifying a factor that we have considered since the inception of the program. 
3

The Department expects proposals similar to what the community currently receives. At 

Greenbrier, 12 nonstop or one-stop round trips each week from November 1 through April 30 

and 14 nonstop or one-stop round trips each week from May 1 through October 30. At 

Beckley, 12 nonstop or one-stop round trips each week. At Staunton, we request 12 nonstop 

round trips per week, its statutory guarantee. Staunton has historically received an additional 

round trip due to it being linked with Beckley for several of its weekly round trips. If a 

similar pattern is contemplated, the Department’s requested number of round trips should be 

clearly addressed in the carrier’s proposal, including sample or proposed flight schedules. At 

Clarksburg and Morgantown, service may be proposed at 18 nonstop and one-stops routed 

Clarksburg-Morgantown-hub airport, or if nonstop service to each community is proposed, we 

will accept proposals for 14 nonstop round trips each week.

Alternatively, we will accept proposals consisting of additional frequencies if smaller aircraft 

(9-passenger) are contemplated. We encourage proposals that meet these guidelines in an 

efficient manner. Air carriers are also welcome to propose more than one service option, if 

they choose. They also need not limit themselves to these requirements if they envision other, 

potentially more attractive service possibilities -- different hubs or length of contract, for 

example -- with subsidy requirements that remain competitive.

Interested air carriers should prepare their proposal with every expectation that their initial 

proposal will also be their final and only proposal. We retain the discretion to negotiate 

proposals with air carriers when we deem it desirable; in such cases we will give all 

applicants the same opportunity. We also retain the discretion to reject outright all 

unreasonable or unrealistic proposals and solicit a new round of proposals. However, we 

anticipate that negotiation or rejection will remain only occasional exceptions to the rule.

In order to assist air carriers in developing traffic and revenue projections for their proposals, we 

have summarized historical passenger levels at the above communities in Appendix B. In the 

most recent 12-month period for which data are available (October 1, 2012, through 

September 30, 2013) Lewisburg generated 13,698 total origin and destination passengers, or an 

average of 22 enplanements per day; Beckley generated 7,502 total origin and destination 

passengers, or an average of 12 enplanements per day; Clarksburg generated 11,784 total origin 

and destination passengers, or an average of 19 enplanements per day; Morgantown generated 

20,381 total origin and destination passengers, or an average of 33 enplanements per day; and

Staunton generated 28,203 total origin and destination passengers, or an average of 45 

enplanements per day.4

Other Air Carrier Requirements

The Department is responsible for implementing various Federal statutes governing lobbying

activities, drug-free workplaces and nondiscrimination.5 Consequently, all air carriers

 . 

4 Enplanements represent one-half of total origin-and-destination traffic.

5 The regulations applicable to these areas are: (1) 49 CFR Part 20 – New restrictions on lobbying; (2) 49 CFR 

Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation – Effectuation of 

title VI of the Civil Rights Act of 1964; 49 CFR Part 27 – Nondiscrimination on the basis of disability in programs 
4

receiving Federal subsidy to support EAS must certify that they are in compliance with 

Department regulations regarding drug-free workplaces and nondiscrimination, and those air 

carriers whose subsidies exceed $100,000 over the life of the rate term must also certify that 

they are in compliance with the regulations governing lobbying activities. All air carriers that 

plan to submit proposals involving subsidy should submit the required certifications along 

with their proposals. Interested air carriers requiring more detailed information regarding 

these requirements, as well as copies of the certifications, should contact the Office of 

Aviation Analysis at (202) 366-5903. The Department is prohibited from paying subsidy to 

air carriers that do not submit these documents. 6

Filing Procedures

Air carrier proposals should be submitted to the Department with all materials merged into a

single document. In addition, because the document will be published on www.regulations.gov, 

each page should be formatted to be viewed online.

Community Comments

Civic officials and the States are welcome to submit comments at any time. We encourage

prospective applicants to contact the community before they submit their proposals so that 

they can tailor them to the community’s needs, as they will not be able to amend them after 

the due date. As noted earlier, we will provide a copy of the proposals to the civic parties and 

ask them to submit their final comments shortly after March 21, 2014, the due date for air 

carrier proposals.

This Order is issued under authority delegated in 49 CFR Part 1.25a(b) and re-delegated to the

Director, Office of Aviation Analysis.

ACCORDINGLY,

1. We request that air carriers interested in providing Essential Air Service at 

Greenbrier/White Sulphur Springs (Lewisburg), Beckley, Clarksburg/Fairmont, Morgantown, 

West Virginia; and Staunton, Virginia, submit their proposals, with or without subsidy 

requests, no later than March 21, 2014. The proposals should be emailed to: EAS@dot.gov;7

2. Dockets DOT-OST-2003-15553, DOT-OST-1997-2761, DOT-OST-2005-20736, DOTOST-2005-20735, and DOT-OST-2002-11378 will remain open until further Order of the 

Department; and 

 and activities receiving or benefiting from Federal financial assistance; and 14 CFR Part 382 – Nondiscrimination 

on the basis of disability in air travel; and (3) 49 CFR Part 29 – Government-wide debarment and suspension (nonprocurement) and government-wide requirements for drug-free workplace (grants).

6 The certifications are also available on the web at http://www.dot.gov/policy/aviation-policy/smallcommunity-rural-air-service/essential-air-service.

7 Questions regarding filings in response to this Order should be directed to Mr. Scott Faulk at 

scott.faulk@dot.gov or (202) 366-9967.
5

3. The Department will serve copies of this Order on the civic officials of Greenbrier/White 

Sulphur Springs, Beckley, Clarksburg/Fairmont, and Morgantown, West Virginia; and Staunton, 

Virginia, the airport managers of Greenbrier Valley Airport, Raleigh County Memorial 

Airport (Beckley), North Central West Virginia Airport (Clarksburg/Fairmont), Morgantown 

Municipal Airport, Shenandoah Valley Regional Airport, Silver Airways, and the service list 

for this docket.

Persons entitled to petition the Department for review of this Order 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

An electronic version of this document is available

online at www.regulations.gov.
Appendix A

Page 1 of 4

Area Map of Greenbrier/White Sulphur 

Springs, West Virginia (Lewisburg)1

 

1 Maps generated by the Great Circle Mapper – copyright © Karl L. Swatz
Appendix A

Page 2 of 4

Area Map of Staunton, Virginia1

 

1 Maps generated by the Great Circle Mapper – copyright © Karl L. Swatz
Appendix A

Page 3 of 4

Area Map of Beckley, West Virginia1

 

1 Maps generated by the Great Circle Mapper – copyright © Karl L. Swatz
Appendix A

Page 4 of 4

Area Map of Clarksburg/Fairmont and Morgantown, West Virginia1

 

1 Maps generated by the Great Circle Mapper – copyright © Karl L. Swatz
Appendix B

Page 1 of 5

Historical passenger Traffic at Greenbrier/White 

Sulphur Springs, West Virginia (Lewisburg)1

Error! Not a valid link.

 1 Source: Bureau of Transportation Statistics; Schedule T-100. 

Year Quarter Air Carrier Enplanements Deplanements Total

2010 4 Silver Airways 86 54 140

2011 1 Silver Airways 38 32 70

2011 2 Silver Airways 101 71 172

2011 3 Silver Airways 131 53 184

Total 356 210 566

2011 4 Silver Airways 112 56 168

2012 1 Silver Airways 20 19 39

2012 2 Silver Airways 128 73 201

2012 3 Silver Airways 1,112 1,092 2,204

Total 1,372 1,240 2,612

2012 4 Silver Airways 1,372 1,356 2,728

2013 1 Silver Airways 815 710 1,525

2013 2 Silver Airways 1,413 1,802 3,215

2013 3 Silver Airways 3,126 3,104 6,230

Total 6,726 6,972 13,698
Appendix B

Page 2 of 5

Historical passenger Traffic at Beckley, West Virginia1

Error! Not a valid link.

 1 Source: Bureau of Transportation Statistics; Schedule T-100. 

Year Quarter Air Carrier Enplanements Deplanements Total

2010 4 Colgan Air 551 537 1,088

2011 1 Colgan Air 395 410 805

2011 2 Colgan Air 819 829 1,648

2011 3 Colgan Air 1,002 990 1,992

Total 2,767 2,766 5,533

2011 4 Colgan Air 748 716 1,464

2012 1 Colgan Air 492 467 959

2012 2 Colgan Air 580 636 1,216

2012 3 Colgan Air 171 208 379

2012 3 Silver Airways 440 478 918

Total 2,431 2,505 4,936

2012 4 Silver Airways 850 876 1,726

2013 1 Silver Airways 604 594 1,198

2013 2 Silver Airways 1,011 925 1,936

2013 3 Silver Airways 1,286 1,356 2,642

Total 3,751 3,751 7,502
Appendix B

Page 3 of 5

Historical passenger Traffic at Clarksburg/Fairmont, West Virginia1

Error! Not a valid link.

 1 Source: Bureau of Transportation Statistics; Schedule T-100. 

Year Quarter Air Carrier Enplanements Deplanements Total

2010 4 Colgan Air 2,030 1,407 3,437

2011 1 Colgan Air 1,215 1,063 2,278

2011 2 Colgan Air 1,545 1,337 2,882

2011 3 Colgan Air 1,718 1,670 3,388

Total 6,508 5,477 11,985

2011 4 Colgan Air 1,600 1,520 3,120

2012 1 Colgan Air 1,354 1,313 2,667

2012 2 Colgan Air 1,458 1,328 2,786

2012 3 Colgan Air 453 442 895

2012 3 Silver Airways 955 949 1,904

Total 5,820 5,552 11,372

2012 4 Silver Airways 1,594 1,577 3,171

2013 1 Silver Airways 1,406 1,311 2,717

2013 2 Silver Airways 1,618 1,239 2,857

2013 3 Silver Airways 1,514 1,525 3,039

Total 6,132 5,652 11,784
Appendix B

Page 4 of 5

Historical passenger Traffic at Morgantown, West Virginia1

 1 Source: Bureau of Transportation Statistics; Schedule T-100. 

Year Quarter Air Carrier Enplanements Deplanements Total

2010 4 Colgan Air 2,937 2,928 5,865

2011 1 Colgan Air 2,112 2,272 4,384

2011 2 Colgan Air 2,733 2,473 5,206

2011 3 Colgan Air 2,711 2,971 5,682

Total 10,493 10,644 21,137

2011 4 Colgan Air 2,786 2,632 5,418

2012 1 Colgan Air 1,961 2,205 4,166

2012 2 Colgan Air 2,486 2,367 4,853

2012 3 Colgan Air 553 638 1,191

2012 3 Silver Airways 1,538 1,779 3,317

Total 9,324 9,621 18,945

2012 4 Silver Airways 2,649 2,474 5,123

2013 1 Silver Airways 1,959 2,352 4,311

2013 2 Silver Airways 2,620 2,810 5,430

2013 3 Silver Airways 2,561 2,956 5,517

Total 9,789 10,592 20,381
Appendix B

Page 5 of 5

Historical passenger Traffic at Staunton, Virginia1

Year Quarter Air Carrier Enplanements Deplanements Total

2010 4 Colgan Air 3,274 3,446 6,720

2011 1 Colgan Air 2,584 2,598 5,182

2011 2 Colgan Air 3,212 3,209 6,421

2011 3 Colgan Air 2,570 2,725 5,295

Total 11,640 11,978 23,618

2011 4 Colgan Air 3,168 3,207 6,375

2012 1 Colgan Air 2,770 2,901 5,671

2012 2 Colgan Air 3,310 3,279 6,589

2012 3 Colgan Air 943 956 1,899

2012 3 Silver Airways 2,375 2,526 4,901

Total 12,566 12,869 25,435

2012 4 Silver Airways 3,790 3,459 7,249

2013 1 Silver Airways 3,010 2,910 5,920

2013 2 Silver Airways 3,802 3,588 7,390

2013 3 Silver Airways 3,788 3,856 7,644

Total 14,390 13,813 28,203

 1 Source: Bureau of Transportation Statistics; Schedule T-100. 
Appendix C

Example of General Terms and Conditions for Eassential Air Service

The air 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 air 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 air 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 air carrier contemplates any such changes beyond 

the scope of the Order during the applicable period of these rates, 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 air carrier to provide service on these routes. The air 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 air 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 air 

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

Subsidy contracts 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 [DATE]. The 

Government’s obligation for performance under this Order beyond [DATE], 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 

[DATE], until funds are made available to the Department for performance. If sufficient funds 

are not made available for performance beyond [DATE], the Department will provide notice in 

writing to the carrier. 

All claims for payment, including any amended claims, must be submitted within 90 days of the 

last day of the month for which compensation is being claimed. For example, claims for service 

provided in July must be filed by October 31st; August claims must be submitted by November 

30th, and so on.