Order 2011

- 12

- 21

Ser ved: December 23, 2011



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 23 rd day of December , 20 11

Essential Air Service at

BAR HARBOR, MAINE PRESQUE ISLE /HOULTON , MAINE PLATTSBURGH, NEW YORK

Under 49 U.S.C. 41731 et seq

. DOCKET DOT

- OST

- 2011

- 0185

DOCKET DOT

- OST

- 2000

- 8012

DOCKET DOT

- OST

- 2003

- 14783



### ORDER EXTENDING SERVICE OBLIGATION Summary

By this O rder, the Department of Transportation extends the Essential Air Service (EAS)

o bligation of Colgan Air, Inc., operating as US Airways Express (Colgan)

, at Bar Harbor and Presque Isle

, Maine, and Plattsburgh, New York, for an additional 30 days, through February 6

, 2012

.

Background

By the three Orders listed in the chart, t he Department selected Colgan to prov ide subsidized

EAS at the three communities as summarized below:

Community Annual Subsidy Order Thru Hub Weekly

Round Trips Stops Aircraft

1. Bar Harbor $2,298,533 2010

- 9

- 28 10/31/12 BOS 14 0 Saab 340

2. Plattsburgh $2,117,101 2010

- 3

- 27 06/30/12 BOS 12 0 Saab 340

3 Presque Isle $2,812,853 2010

- 6

- 5 05/31/12 BOS 19 0 Saab 340

On September 9, 2011, Colgan filed a 90

- day notice with the Department o f its intent to

terminate its subsidized service at the above

- mentioned communities, effective

December 8, 2011. By Order 2011

- 11

- 26, issued November 22, 2011, the Department prohibit ed Colgan from suspending service through January 7, 2012, and requested proposals from carriers interested in providing replacement service.2

Since air carrier proposals are not due until January 6, 2012, we must extend Colgan ’s service obligation for an additional 30 days, or un til replacement service begins, whichever occurs first,

i n acc ordance with 49 U.S.C. 41734(c).

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

ACCORDINGLY,

1. We require Colgan Air, Inc. to provide the level of service at Bar Harbor and Presque Isle, Maine, and Plattsburgh, New York , as set forth in Order 2011

- 11

- 26 , for an additional 30

- day period through February 6, 2012 , or until a carrier ca pable of providing reliable EAS actually

begins service, whi chever is first 1 ;

2. We direct Colgan Air, 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 serve date of this

order or until the Department indicates that the records may be destroyed, whichever comes first. Copies of flight logs fo r 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. These Docket s will remain open until further order of the Department; and

4. We will serve copies of th is O rder on the Mayor s and Airport Managers of Bar Harbor, Presque Isle, Maine, and Plattsburgh, New York, and Colgan Air, Inc

.

Persons entitled to petition the Department for review of this O rder 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 Colgan’s service obligation for successive 30

- day periods as necessary until replacement service actually begins.