Order 20 1 2

- 7

- 7 Served: Ju ly 9 , 201 2



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on the 9 th day of Ju ly

, 201 2

Essential Air Service at

GREENBRIER/WHITE SULPHUR SPRINGS , WEST VIRGINIA

under 49 U.S.C. § 41731 et seq

. D ocket DOT

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- 15553

ORDER EXTENDING SERVICE OBLIGATION

Summary By this O rder, we extend the E ssential A ir S ervice (EAS) obligation of Delta Air Lines, Inc. (“ Delta ” )

, at Greenbrier/White Sulphur Springs

, West Virginia (“Greenbrier ” )

, for an additional 30 days, through August 1 2

, 201 2

.

Background On December 16, 2011, Delta filed a 90

- day notice to terminate all of its service at Greenbrier

, effective March 15, 2012. At that time, Delta , through its Delta Connection carriers, provided seven (7) weekly nonstop round trips between Greenbrier and New York JFK International Airport and seven (7) week ly nonstop round trips between Greenbrier and Atlanta Hartsfield Jackson International Airport (“Atlanta”) using 50

- passenger CRJ

- 200 aircraft. In addition, Gulfstream International Airlines (now known as Silver Airways) provide s one nonstop round trip on Saturday and one on Sunday between Greenbrier and Cleveland Hopkins International Airport on a subsidy

- free basis. Although Delta’s termination filing in December 2011 stated that its Greenbrier service was provided by two of its Delta Connection partner s (Pinnacle Airlines, Inc. and A tlantic Southeast Airlines, Inc. ), the current service is provided by ExpressJet Airlines , another Delta Connection carrier. 1 We note that Delta may substitute the operation of flights by ExpressJet Airlines with any of its Delta Connection carriers as long as comparable equipment is used in order to afford Delta maximum flexibility to meet its obligations

.

1 A tlantic Southeast Airlines were merged into ExpressJet Airlines effective December 2011.- 2

-

Because Delta’s proposed termination of service would have left Greenbrie r wit h only Gulfstream’s two round trips a we ek

, we prohibit ed the carrier from terminating such service at the end of its 90

- day notice period and request ed proposals for replacement service , to be due on March 16 , 2012

. Subsequent to that Order, on March 12, 2012, Silver Airways (“Silver”) requested an extension for service proposals to be due April 10

, 2012

, which we granted on Mar ch 14 , 2012. One proposal for service, from Silver, was received. Community comments were requested

, and those were due on May 10, 2012.

Order 2012

- 2

- 7, Febr uary 9, 2012

, required Delta to maintain at least 10 round trips per week to a large or medium hub for an initial 30

- day period after the original 90

- day notice period, i.e.

, through April 14, 2012. Delta’s 10

- round

- trip

- per

- week pattern was to continue t hrough May 1, 2012, the traditional start of Greenbrier’s summer season. In a letter from December 19 , 2011, Delta stated that its plan was to operate th e 10 round trips per week to Atlanta. Delta’s 10 round trips per week, plus Silver ’s two round trips per week

, w ould provide Greenbrier with 12 round trips per week during the off

- peak season. Greenbrier’s peak season began May 1, 2012, and the community is entitled to 7

- day

- a

- week service during the peak season : thus

, Delta’s obligation is to provide 12 round trips per week. This, in addition to Silver’s twice weekly service

, will provide Greenbrier with 14 round trips per week.

Any other proposed schedules or service patterns ( e.g. , less frequency but on a nonstop b asis to/from the hub) should be coordinated with the Department and the community.

We have extended Delta’s service obligation by a series of 30

- day hold

- in o rders, most recently by Order 2012

- 6

- 5

, June 7 , 2012, through July 13 , 2012.

In Order 2012

- 5

- 17, May 22, 2012, the Department selected Silver to serve Greenbrier . Silver’s schedules for full EAS are available for sale

, and service is expected to begin on August 1, 2012. If Silver does not begin service on August 1, 2012, i n accor dance with 49 U.S.C. § 41734(c), we will further extend Delta’s service obligations for an additional 30 days, or until replacement service actually begins, whichever occurs first.

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

ACC ORDINGLY, 1. We require Delta Air Lines, Inc. to maintain the level of E ssential Air S ervice at Greenbrier/White Sulphur Springs

, West Virginia , as described in Order 20 12

- 2

- 7

, for an additional 30 day s , through August 12, 2012

, or until replacement service actually begins, whichever occurs first ; 2

2. We direct Delta Air Lines, 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

2 In accordance with 49 U.S.C. § 41734(c), we will extend this service obligation for successive 30

- day periods, as necessary, until suitable replacement service actually begins.- 3

-

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. D ocket DOT

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- 2003

- 15553 will remain open until further order of the Department; and

4. We will serve copies of this O rder on the Mayors of Lewisburg and White Sulphur Springs, the airport manager of Greenbrier Valley Airport, and Delta Air Line s, 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 at www.regulations.gov