Order 2012-4-3

Served: April 3, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 3rd day of April, 2012

Essential Air Service at

BAR HARBOR, MAINE

PRESQUE ISLE/HOULTON, MAINE

PLATTSBURGH, NEW YORK

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

DOCKET DOT-OST-2011-0185

DOCKET DOT-OST-2000-8012

DOCKET DOT-OST-2003-14783

ORDER EXTENDING SERVICE OBLIGATION

Summary

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

obligation of Colgan Air, Inc., operating as US Airways Express (Colgan), at Bar Harbor and 

Presque Isle, Maine, and Plattsburgh, New York, for an additional 30 days, through 

May 6, 2012.

Background

By the three Orders listed in the chart, the Department selected Colgan to provide subsidized 

EAS at the communities summarized below:

Community Annual

Subsidy

Order Thru Hub Weekly 

Round

Trips

Stops Aircraft

1. Bar Harbor $2,298,533 2010-9-28 10/31/12 BOS 14 0 Saab 340

2. Plattsburgh $2,117,101 2010-3-27 06/30/12 BOS 12 0 Saab 340

3 Presque Isle $2,812,853 2010-6-5 05/31/12 BOS 19 0 Saab 340

On September 9, 2011, Colgan filed a 90-day notice with the Department of its intent to 

terminate its subsidized service at the above-mentioned communities, effective 

December 8, 2011. By Order 2011-11-26, issued November 22, 2011, the Department prohibited 

Colgan from suspending service through January 7, 2012, and requested proposals from carriers 

interested in providing replacement service.
2

By Order 2012-3-2, March 2, 2012, the Department selected Peninsula Airways (PenAir) to 

provide EAS at Presque Isle and Plattsburgh, and Hyannis Air Service Inc., operating as Cape 

Air (Cape Air), to jointly provide EAS at Bar Harbor. We expect that Cape Air will inaugurate 

service at Bar Harbor on or about April 15, 2012. We do not have definitive start dates for 

Presque Isle or Plattsburgh. Therefore, we will extend Colgan’s service obligation at all three 

communities 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 Colgan Air, Inc. to provide the level of service at Bar Harbor and Presque Isle, 

Maine, and Plattsburgh, New York, as set forth in Order 2011-11-26, for an additional 30-day 

period through May 6, 2012, or until a carrier capable of providing reliable EAS actually begins 

service, whichever is first;

1

2. We direct Colgan Air, Inc. 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 In accordance with 49 U.S.C. 41734(c), we will extend Colgan’s service obligation for successive 30-day periods 

as necessary until replacement service actually begins.
3

4. We will serve copies of this Order on the Mayors and Airport Managers of Bar Harbor, 

Presque Isle, Maine, and Plattsburgh, New York, and Colgan Air, Inc.

Persons entitled to petition the Department for review of this Order under the Department’s 

Aviation Economic Regulations, 14 CFR 385.50, must file such petitions within ten (10) 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

www.regulations.gov