Order 2011-3-10

Served: March 7, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 7th day of March, 2011

ORDER REQUESTING PROPOSALS

Summary

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

essential air service (EAS) at Devils Lake and Jamestown, North Dakota, for a new twoyear period, beginning October 1, 2011, with or without subsidy. (See Appendix A for a 

service area map). Carriers should file their proposals no later than April 6, 2011.

Background

By Order 2009-8-6, August 11, 2009, the Department selected Mesaba Aviation, Inc., 

d/b/a Mesaba Airlines (Mesaba), operating as Delta Connection, to provide subsidized 

EAS at Devils Lake and Jamestown utilizing 34-passenger Saab 340 aircraft, through 

September 30, 2011. Under that order, Mesaba provides 14 round trips per week between 

the two communities and Minneapolis/St. Paul. Specifically, the first flight of the day 

would be routed Devils Lake-Jamestown-Minneapolis/St. Paul and the last flight would 

be routed Minneapolis/St. Paul-Jamestown-Devils Lake, seven days a week. The other 

seven weekly mid-day round trips would be routed Minneapolis/St. Paul-JamestownDevils Lake-Minneapolis/St. Paul. The annual subsidy for the Jamestown service is 

$1,963,220 and the required annual subsidy for the Devils Lake service is $1,459,493.

Request for Proposals

As the end of the current contract approaches, the Department is requesting proposals 

from carriers interested in providing service at Devils Lake and/or Jamestown, with or 

without subsidy, for the two-year period beginning October 1, 2011. Carriers should file 

their proposals no later than April 6, 2011. Staff will then docket proposals, thereby 

making them public, and shortly afterwards will provide a summary of the proposals to 

Essential Air Service at

DEVILS LAKE AND JAMESTOWN,

NORTH DAKOTA

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

Docket DOT-OST-1997-2785
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the communities and ask them for their final comments. We will give full consideration 

to all proposals that are timely filed.1

Interested carriers should prepare their proposals with every expectation that their initial 

proposals will represent their final and only proposals. However, we retain the discretion 

to negotiate proposals with carriers when we deem it desirable. We also retain the 

discretion to reject outright all unreasonable or unrealistic proposals and re-solicit a new 

round of proposals. However, negotiation and rejection are only occasional exceptions to 

the rule.

We are here providing interested 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, they might want to 

include proposed schedules as well as supporting data for their subsidy requests, such as 

projected block hours, revenues and expenses. We strongly encourage clear, welldocumented proposals that will facilitate their evaluation by the affected communities and

the Department.2

With specific respect to Devils Lake and Jamestown, the Department expects proposals 

consisting of three nonstop or one-stop round trips a day between each community and 

Minneapolis/St. Paul utilizing 19-seat aircraft, or two nonstop or one-stop round trips a 

day between each community and Minneapolis/St. Paul with 30-seat or larger aircraft. 

Such service is consistent with what the communities currently receive, and fully satisfies 

their essential air service requirements. We encourage proposals that meet those 

requirements in an efficient manner. Carriers are also welcome to propose more than one 

service option, if they choose; they need not limit themselves to those requirements if 

they envision other, potentially more attractive service possibilities -- different hubs, for 

example -- with subsidy requirements that remain competitive.

 1 Carriers should not expect the Department to accept late fillings. In cases where a carrier proposes to 

provide essential air service without subsidy and we determine that service can be reliably provided without 

such compensation, we do not proceed with the carrier-selection case. Instead, we simply rely on that 

carrier’s subsidy-free service as proposed.

2 In selecting a carrier to provide subsidized essential air service, 49 U.S.C. 41733(c) (1) directs us to 

consider four factors: (1) service reliability; (2) contractual and marketing arrangements with a larger 

carrier at the hub; (3) interline arrangements with a larger carrier at the hub; and (4) community views. In 

addition, the Consolidated Appropriations Act, 2008, Public Law 110-161, 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. Interested carriers should also be aware 

that our general provisions governing EAS will be included in the selection order as part of our 

authorization of subsidy for the selected service. Appendix C of this order contains those general 

provisions.
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Service and Traffic History

Mesaba has served Devils Lake and Jamestown since 2003, and historical traffic is 

detailed in Appendix B. From January 1 through November 31, 2010, Devils Lake

averaged 13.3 enplanements a day, and Jamestown averaged 12.3, both trending upward.

New Filing Procedures

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 

Regulations.gov, each page should be formatted to be viewed online.

Other Carrier Requirements

The Department is responsible for implementing various Federal statutes governing 

lobbying activities, drug-free workplaces, and nondiscrimination.3 Consequently, all 

carriers receiving Federal subsidy for essential air service must certify that they are in 

compliance with Department regulations regarding drug-free workplaces and 

nondiscrimination, and those 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. Because the Department is prohibited from paying subsidy to carriers 

that do not submit these documents, all carriers that plan to submit proposals involving 

subsidy should be aware that the selected carrier will be required to complete the required 

certifications. Interested carriers requiring more detailed information regarding these 

requirements should contact the Office of Aviation Analysis at (202) 366-5903.4

Community and State Comments

The communities and State are welcome to submit comments at any time. We encourage 

prospective applicants to contact the communities before they submit their proposals so 

that they can tailor them to the communities’ needs, as they will not be able to amend 

them after the due date. As noted earlier, we will provide a summary of the proposals to 

the civic parties and ask them to submit their final comments shortly after, April 6, the 

end of the 30-day period for carrier proposals.

This order is issued under authority delegated in 49 CFR 1.56a(f) and re-delegated to the 

Director, Office of Aviation Analysis.

 

3 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 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 (non-procurement) and governmentwide requirements for drug-free workplace (grants).

4 The certifications are also available on the web at http://ostpxweb.dot.gov/aviation/index.html.
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ACCORDINGLY,

1. We request that carriers interested in providing essential air service at Devils Lake and 

Jamestown, North Dakota, submit their proposals, with or without subsidy requests, no 

later than April 6, 2011. The proposals should be e-mailed to: EAS@dot.gov with the 

title with the title “Proposal to Provide Essential Air Service at Devils Lake and 

Jamestown, North Dakota, Docket DOT-OST-1997-2785”;5

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

3. We will serve copies of this order on the Mayors and Airport Managers of Devils Lake 

and Jamestown, North Dakota; the Director, North Dakota Aeronautics Commission; and 

the parties listed in Appendix D.

Persons entitled to petition the Department for review of this order under the 

Department’s 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 http://www.regulations.gov

 5 Questions regarding filings in response to this order may be directed to Brian Swanson at (202) 366-5392 

or brian.swanson@dot.gov.
Appendix A

AREA MAP
Appendix B

Notes:

1. Source: US DOT Bureau of Transportation Statistics, Forms T-100, and 298-C, 

Schedule T-1 for Mesaba Airlines and Great Lakes Aviation.

2. Origin-destination passengers divided by two.

3. Average annual enplanements divided by 313 effective annual service days, except 

for annual periods ended 12/31/2008 (314 effective annual service days) and from 

1/1/2010 through 11/20.2010 (334 effective annual service days).

Year Ended

Origin & 

Destination 

Passengers

Annual 

Enplanements2

Average 

Enplanements Per 

Service Day3 

31-Dec-05 5,120 2,560 8.2

31-Dec-06 6,455 3,228 10.3

31-Dec-07 6,687 3,344 10.7

31-Dec-08 6,033 3,017 9.6

31-Dec-09 7,001 3,501 11.2

1/1/2010 - 11/30/2010 8,867 4,434 13.3

Year Ended

Origin & 

Destination 

Passengers

Annual 

Enplanements2

Average 

Enplanements Per 

Service Day3 

31-Dec-05 5,729 2,865 9.2

31-Dec-06 4,717 2,359 7.5

31-Dec-07 4,399 2,200 7.0

31-Dec-08 5,592 2,796 8.9

31-Dec-09 7,084 3,542 11.3

1/1/2010 - 11/30/2010 8,203 4,102 12.3

Historical Enplanements1

Jamestown, North Dakota

Historical Enplanements1

Devils Lake, North Dakota
Appendix C

Example of General Terms and Conditions for Essential Air Service

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 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 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 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 are not currently available for performance under this solicitation beyond [DATE]. The 

Department’s obligation for performance under this solicitation beyond [DATE] is contingent 

upon the availability of appropriated funds from which payment for services can be made. No 

legal liability on the part of the Department for any payment may arise for performance under 

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

funds are not made available for performance beyond [DATE], the carrier will receive notice in 

writing by the Department.

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

under this order.
Appendix D

SERVICE LIST

Air Greco/Wings Air Frontier Airlines, Daniel Shurz Pacific Aviation Group, Craig Garrick

Air Sunshine, Inc. Frontier Flying, Bob Hajducovich Pacific Aviation Group, Ron Rye

Air Sunshine, Mirmohammad Adili Frontline Aviation Pacific Wings, Frank Ford

Air West, Inc., John Raatz Gem Air, Dan Schroeder Pacific Wings, Greg Kahlstorf

Air Wisconsin, Annette Daly Gem Air, JoAnn Wolters Penn Air, Danny Seybert

Air Wisconsin, Jim Rankin Great Lakes Airlines, Chuck Howell Penn Air, Scott Bloomquist

Airline Associates, Bill Mishk Great Lakes Airlines, Doug Voss Pinnacle Airlines, Jennifer Gammill

Alaska Airlines, Jeff Cole Gulfstream, Dave Hackett Pinnacle Airlines, Megan Rosia

Alaska Airlines, Sandy Sinick Gulfstream, Mickey Bowman Pinnacle Airlines, Phil Reed

Allegiant Air, Brian Davis Gulfstream, T. Cooper Planemasters, Inc., John Kessler

American Airlines, Carl Nelson Homeland Security, Bill Ragan Planemasters, Inc., Paul Berliner

American Eagle, Jeff Hartz Homeland Security, David Bernier Planemasters, Inc., Todd DeSimone

Atlantic Southeast, Jon Lindlief Horizon Air, Dan Russo Raytheon, Mike Schiedt 

Atlantic Southeast, Roger Weston Horizon Air, Jennifer Thompson Saab Group, Polly Prelinger

Aviation Technologies/Charter Air Transport, 

Jim Gallagher Horizon Air, Mike McQeen Scenic, Mary Schneider

Bemidji Aviation, Arlen Rinkenberger Horizon Air, Jeff Cole Scenic, Mitzi Daines

Bemidji Aviation, Cori Rude ICEPR, Luis Irizarry Seaborne Airlines, Shawn Lewis

Cape Air, Andrew Bonney Intrepid Internatl Air, Rick Eyk Seaport, Daniel Helland

Cape Air, Dan Wolf Island Air Charters, Linda House SeaPort Airlines. Jim Day

Cape Air, J. Flaherty Jet Air, Daniel Wolford SeaPort Airlines, Nate Vallier

Classic Aviation, Tony Henderson Kenmore Air, Tim Brooks SeaPort Airlines. Rob McKinney

Colgan Air, Kevin Scott McCall Aviation, Dan Scott Shuttle America, Jerry Balsano

Colgan Air, Mike Colgan McCall Aviation, Michelle SkyWest, Brad Rawson

CommutAir, Andy Price Mesaba, John Spanjers SkyWest, Eric Christensen

CommutAir, Joel Raymond Mesaba, Max Shemesh SkyWest, Michael Thompson

Consultant, Robert Silverberg Midstar Airlines, Jeffrey Fonner Sovereign Air, Bob Karns

Continental, Bruce Keiner Midwest Airlines, Greg Aretakis Sovereign Air, Lois R. Barton

Continental, Dan Weiss MN Aviation, Jose Maldonado Tatonduk, Robert Everts

Continental, Lorry Halloway Multi Aero, Darnea Tatonduk, Robert Ragar

Delta Air Lines Anthony Canitano Multi Aero, Shane Storz Tradewind, Eric Zipkin

Delta Air Lines, Dan Shuman Northern Air Cargo, David Karp Transport Azumah, Joel AnabilahAzumah

Delta Air Lines, Jeff Morgan Northern Air Cargo, Eric Van Andel Trans States, Fred Oxley

Delta Air Lines, Joe Esposito Northwest Airlines, Aaron Murray Trans States, Gerry Wigmore

Delta Air Lines, Sascha Vanderbellen Northwest, Tim McDonald United, Alicia Gabriel

Delta Air Lines, Karen Zachary NYDC, Henok Araya United, James Starnes

Delta Air Lines, Kristal Murphy OST, Brian Swanson US Airways, Benjamin Slocum

Dorado Jets OST, Dennis DeVany US Airways, Howard Kass

Dorado Jets, Mark McKenna OST, Kevin Adams US Airways, Jason Reisinger

Era Aviation, Lori Goodman OST, Kevin Schlemmer Warbelows Air Ventures, Art 

Warbelow

Executive Airlines, Kate Soled OST, Michael Martin ND Aeronautics Commission, Larry 

Taborsky

ND Aeronautics Commission, Bradley Fields Jamestown Regional Airport, Matthew 

Leitner City of Jamestown, Mayor Anderson

City of Devils Lake, City Commission 

President, Richard Johnson Devils Lake Regional Airport, John Nord