Order 20 10

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- 6 Served: March 8 , 2010



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation

on the 8 th day of March , 20 10
Essential Air Service at ALPENA, MICHIGAN SAULT STE. MARIE, MICHIGAN INTERNATIONAL FALLS, MINNESOTA TUPELO, MISSISSIPPI
under 49 U.S.C. 41731 et seq

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ORDER EXTENDING SERVICE OBLIGATION Summary By this order , the Department of Transportation extends the essential air service (EAS) obligation of Mesaba Aviation , Inc. (Mesaba) , at the above

- captioned communities , for an additional 30 days, through April 1 4 , 2010

. Background On July 14 , 200 9 , Mesaba filed a 90

- day notice of its intent to suspend its subsidized service at eight communities, including the four communities captioned above, effective October 12

. By Order 200 9

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- 16 , July 16 , 200 9 , the Department prohibited the carrier from suspending service through November 12 at the communities, and requested proposals, with subsidy if necessary, from carriers interested in providing replacement service

. As required by 49 U.S.C. 41734, we have extended Mesaba ’s service obligation for additional 30

- day periods, the latest through March 1 5 , 2 010 , by Order 2010

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. By Order 2009

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- 8, issued October 16, 200 9, the Department (1) selected SkyWest Airlines to provide replacement service at Eau Claire, WI, Hancock/Houghton and Muskegon, MI, and Paducah, KY; and (2) requ ested proposals from carriers interested in providing replacement service at Alpena and Sault Ste. Marie, MI, International Falls, MN, and Tupelo, MS. SkyWest inaugurate d service at Muskegon and Paducah on February 11, and at Eau Claire and Hancock/Hought on on February 28. However, the carrier selection process is still in pro gr ess at four communities captioned above . Therefore, i n accordance with 49 U.S.C. 41734(c), we will require Mesaba to provide the service levels at those communities as prescribed in the ordering2 paragraphs of Order 2009

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- 16, as adjusted by O r der 2009

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- 10 , until replacement service is fully in place

. This order is issued under authority assigned in 14 CFR 385.12(k )(5).
ACCORDINGLY, 1. We require Mesaba Aviation , Inc., to maintain the level of essential air service at the above

captioned communities as described in Order 2009

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- 16, for an additional 30 day s , through April 1 4 , 20 10 , or until suitable replacement se rvice actually begins, whichever occurs first ; 1
2. We direct Mesaba Aviation, 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 manne r 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. The s e docket s will remain open until further order of the Department; and
4. We will serv e copies of this order on the mayor s and airport manager s of Alpena and Sault Ste. Marie, MI , Tupelo, MS, and on Mesaba Aviation , Inc. 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 www.regulations .gov

1 In accordance with 49 U.S.C. 41734(c), we wil l extend Mesaba ’ s service obligation for successive 30

- day periods, as necessary, until suitable replacement service actually begins.