Order 2011-10-7

Served: October 17, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 17th day of October, 2011

Essential Air Service at

CODY, WYOMING

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

DOCKET DOT-OST-2011-0121

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this order, the Department of Transportation extends the essential air service (“EAS”) 

obligation of SkyWest Airlines operating as Delta Connection (“Delta Connection”), at Cody, 

WY, for an additional 30 days, through November 26, 2011.

Background

On June 27, 2011, Delta Connection filed a 90-day notice with the Department of its intent to 

terminate its unsubsidized service at Cody, WY, effective September 25, 2011. By 

Order 2011-8-26, issued August 30, 2011, the Department prohibited SkyWest from suspending 

service through October 27, 2011, and requested proposals from carriers interested in providing 

replacement service. As required by 49 U.S.C. 41734, we have extended Delta Connection’s

service obligation for an initial 30-day period, through October 27, 2011, by Order 2011-8-26.

We have now received one proposal and the community’s comments. However, we will not 

have completed the carrier-selection case by October 27, 2011, the end of the current hold-in 

period. In accordance with 49 U.S.C. 41734(c), we must extend SkyWest’s service obligation 

for an additional 30 days, or until replacement service actually begins, whichever occurs first.

This order is issued under authority assigned in 14 CFR 385.12(k)(5).

ACCORDINGLY,

1. We require SkyWest Airlines, operating as Delta Connection, to maintain its current level of 

service at the above-captioned community, as set forth in Appendix A, for an additional 30-day 
2

period through November 26, 2011, or until a carrier capable of providing reliable EAS actually 

begins service, whichever is first1;

2. We direct SkyWest Airlines 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 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. This Docket will remain open until further order of the Department; and

4. We will serve copies of this order on the Mayor of Cody, Wyoming, the airport manager of 

Yellowstone Regional Airport, and SkyWest Airlines.

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

 1 In accordance with 49 U.S.C. 41734(c), we will extend Delta Connection’s service obligation for successive 30-

day periods as necessary until replacement service actually begins.
Appendix A

Essential Air Service to be Maintained at Cody, Wyoming

Effective Period: October 27, 2011, until further Department action

Scheduled Service: One round trip a day (seven a week) to Salt Lake City

Aircraft: 30-seat Brasilia EMB-120