Order: 2012-1-28

Served: January 27, 2012

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation 

on the 27th day of January, 2012

Essential Air Service at

McCOOK, NEBRASKA

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

Docket DOT-OST-1997-3005

ORDER REQUESTING PROPOSALS

Summary

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

air service (EAS) at McCook, Nebraska, for the next two year period from June 1, 2012, through 

June 30, 2014, with or without subsidy. Proposals are due March 19, 2012. (See Appendix A for an 

area map.)

Background

By Order 2010-6-3, issued on June 2, 2010, the Department selected Great Lakes Aviation, Ltd. 

(“Great Lakes”) to provide 12 weekly nonstop round trip flights using Beechcraft 1900-D aircraft 

from McCook to Denver International Airport, for the two-year period ending May 31, 2012, at an 

annual subsidy of $1,796,795. 

Request for Proposals

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

interested in providing EAS at McCook, with or without subsidy, for the two-year period beginning

June 1, 2012. Carriers should file their proposals no later than March 19, 2012. After that date, our

staff will docket proposals, thereby making them public, and direct each carrier to serve a copy of its 

proposal on the civic parties and other applicants. Shortly afterwards, we will
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provide a summary of the proposals to the community and ask them to submit 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; in such cases, of course, 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, negotiation 

or rejections 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, well-documented proposals that will facilitate their evaluation by 

the affected communities and the Department.

2

With respect to McCook, we expect proposals consisting of service with two-pilot, twin-engine 

aircraft. For proposals with 19-seat or larger aircraft, we expect proposals offering two round 

trips each weekday and weekend (12 total round trips per week) to Denver or a suitable hub 

airport, with numerous connecting opportunities to the national air transportation system. With 

smaller aircraft, service patterns should consist of three round trips each weekday and weekend

(18 total round trips per week).

3

 Of course, as always, we will formally solicit the community’s 

views on any service options we receive before making a long-term carrier selection decision. 

The community and air carriers are encouraged to work together in advance of the due date for

proposals to craft a service pattern that is desirable to the community and meets the operational 

needs of the airline interested in submitting a proposal.

We encourage proposals that meet these requirements in an efficient manner. Carriers are also 

 1

 Carriers should not expect the Department to accept late filings. 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 subsidyfree 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, 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 essential 

air service 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.

3 Previously, most EAS communities were entitled to service with 15-seat or larger aircraft. However, in the 

Department’s FY 2012 appropriations (Consolidated and Further Continuing Appropriations Act, P.L. 112-55, 

November 18, 2011) Congress repealed the 15-seat guarantee.
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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.

New Filing Procedures

Carrier proposals should be submitted to the Department with all materials merged into a single

document. The document will be published on Regulations.gov and each page should be 

formatted to be viewed online.

Service and Traffic History

During the 12-month period ending December 31, 2011, the most recent period for which traffic

data are available, McCook averaged 8.3 enplanements a day.

4 In order to assist carriers in 

making their traffic and revenue forecasts, we have included historical traffic data in Appendix

B.

Other Carrier Requirements

The Department is responsible for implementing various Federal statutes governing lobbying

activities, drug-free workplaces, and nondiscrimination.

5 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.

6

Community and State Comments

The community and state are welcome to submit comments on the proposals at any time. As

noted earlier, however, we will provide a summary of the proposals to the civic parties and ask 

them to submit their final comments shortly after March 19, the due date for proposals.

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

Director, Office of Aviation Analysis.

 4

 See Appendix B for historical traffic data. Enplanements represent one-half of total origin-and-destination traffic, 

and average enplanements per day are based on 77 weekdays and weekends each quarter, except as noted. 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 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://ostpxweb.dot.gov/aviation/index.html.
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ACCORDINGLY,

1. We request that carriers interested in providing essential air service at McCook, Nebraska,

beginning June 1, 2012, submit their proposals, with or without requests for subsidy, no later

than March 19, 2012. The proposals should be e-mailed to EAS@dot.gov, with the title: 

“Proposal to Provide Essential Air Service at McCook, Nebraska, Docket DOT-OST1997-3005;”7

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

3. We will serve copies of this Order on the Mayor of the City of McCook, McCook Regional

Airport, 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 Internet at http://www.regulations.gov

 7

 Questions regarding filings in response to this order may be directed via e-mail to Scott Faulk at 

scott.faulk@dot.gov or via phone at (202) 366-9967.
Appendix A

AREA MAP

This map is provided by Planet Profitability Forecasting System and is being used with express permission 

of the copyright holder, Sabre Airline Solutions®.
Appendix B

Traffic History*

Pax Pax

Year Quarter Inbound Outbound Total

2009 1 416 388 804

2009 2 468 408 876

2009 3 485 448 933

2009 4 425 408 833

 3,446 Total

2010 1 381 371 752

2010 2 534 487 1021

2010 3 484 483 967

2010 4 570 578 1148

3,888 Total

2011 1 424 374 798

2011 2 500 492 992

2011 3 505 474 979

2011 4 120 114 234

3,003 Total

*Source – T-100 Market Report, Passengers in Scheduled Passenger Service, includes traffic only for Air

Midwest, Inc. and Great Lakes Aviation, Ltd.
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.

Funds are not currently available for performance under this solicitation beyond June 30, 2014. 

The Government’s obligation for performance under this solicitation beyond June 30, 2014, is 

contingent upon the availability of appropriated 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 June 30, 2014, until funds are made available to the 

Department for performance. If funds are not made available for performance beyond June 30, 

2014, the carrier will receive notice in writing by the Department.

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.

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

under this Order.
Appendix D

Scheduled Air Carriers, Contiguous US and Puerto Rico

Air Sunshine, Inc. Jet Air, Daniel Wolford

Air Sunshine, Mirmohammad Adili Kenmore Air, Tim Brooks

Air West, Inc., John Raatz McCall Aviation and Salmon Air, Dan Scott

Air Wisconsin, Annette Daly McCall Aviation, Michelle

Airline Associates, Bill Mishk Mesa, Jonathan Ornstein

Alaska Airlines, Jeff Cole Mesa, Michael Lotz

Alaska Airlines, Sandy Sinick Mesa, Mike Holcomb

Allegiant Air, Robert Ashscroft Mesaba, John Spanjers

American Airlines, Carl Nelson Mesaba, Max Shemesh

American Eagle, Jeffrey Hartz Midstar Airlines, Jeffrey Fonner

Atlantic Southeast, Jon Lindlief Midwest Airlines, Anthony Intravia

Atlantis Southeast, Roger Weston Midwest Airlines, Greg Aretakis

Bemidji Aviation, Cori Rude Midwest Airlines, J.C. Augustson

Bemidji Aviation, Arlen Rinkenberger MN Aviation, Jose Maldonado

Cape Air, Andrew Bonney Multi Aero, Darnea

Cape Air, Dan Wolf Multi Aero, Shane Storz

Cape Air, J. Flaherty Northwest, Tim McDonald

Classic Aviation, Tony Henderson NYDC, Henok Araya

Colgan Air, Mike Colgan OST, Brian Swanson

CommutAir, Andy Price OST, Dennis DeVany

CommutAir, Joel Raymond OST, Kevin Adams

Consultant, Robert Silverberg OST, Kevin Schlemmer

Continental, Bruce Keiner OST, Michael Martin

Continental, Dan Weiss OST, Renee Williams

Continental, Lorry Halloway Pacific Wings, Frank Ford

Delta, Amy Martin Pacific Wings, Greg Kahlstorf

Delta, Dan Shuman PenAir, Danny Seybert

Delta, Jeff Morgan PenAir, Scott Bloomquist

Delta, Joe Esposito Pinnacle Airlines, Joe Williams

Delta, Karen Zachary Pinnacle Airlines, Phil Reed

Delta, Sascha Vanderbellen Public Charters, Jim Gallagher

Dorado Jets Scenic, Mary Schneider

Dorado Jets, Mark McKenna Scenic, Mitzi Daines

Era Aviation, Mike Lenorman Seaborne Airlines, Wayne D'Amico

Executive Airlines, Kate Soled SeaPort Airlines, Jim Day

Frontier Flying, Bob Hajducovich SeaPort Airlines, Rob McKinney

Gem Air, Dan Schroeder Shuttle America, Jerry Balsano

Gem Air, JoAnn Wolters SkyWest, Eric Christensen

Great Lakes, Chuck Howell SkyWest, Michael Thompson

Great Lakes, Doug Voss Sovereign Air, Bob Karns

Great Lakes, Greg Stephens Sovereign Air, Lois R. Barton

Gulfstream, Dave Hackett Tradewind, Eric Zipkin

Gulfstream, Mickey Bowman TransStates, Fred Oxley

Gulfstream, T. Cooper TransStates, Gerry Wigmore

Homeland Security, David Bernier United, Alicia Gabriel

Homeland Security, Randy Webb United, James Starnes

Horizon Air, Dan Russo US Airways, Benjamin Slocum

Horizon Air, Jennifer Thompson US Airways, Howard Kass

Horizon Air, Jeff Cole US Airways, Jason Reisinger

ICEPR, Luis Irizarry Warbelows Air Ventures, Art Warbelow

Island Air Charters, Linda House Wings Air (Air Greco), Aaron Goerlich