Order 2012-9-13

Served: September 12, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 12th day of September, 2012

Essential Air Service at 

MACON, GEORGIA

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

DOCKET DOT-OST-2007-28671

 

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this Order, the Department of Transportation extends the Essential Air Service (“EAS”) 

obligation of Pacific Wings, L.L.C., d/b/a Georgia Skies (“Pacific Wings”), at Macon, Georgia, 

for an additional 30 days, through October 24, 2012. 

Background

On April 26, 2012, Pacific Wings filed a 90-day notice with the Department of its intent to 

terminate its unsubsidized service at Macon, effective July 26, 2012. By Order 2012-5-25, 

issued on May 24, 2012, the Department prohibited Pacific Wings from suspending service at 

Macon and requested proposals, with subsidy if necessary, from air carriers interested in 

providing replacement service. In response to that Order, we received two proposals. 

By Order 2012-9-6, issued on September 6, 2012, the Department selected Sun Air Express, 

LLC d/b/a Sun Air International to provide subsidized EAS at Macon for a two-year contract. 

However, replacement service may not commence before September 24, 2012, the end of the 

current hold-in period. In accordance with 49 U.S.C. § 41734(c), we must extend the service 

obligations of Pacific Wings for an additional 30 days, or until replacement service actually 

begins, whichever occurs first. 

This Order is issued under the authority assigned in 14 CFR Part 385.12(k)(5). 
2

ACCORDINGLY,

1. The Department prohibits Pacific Wings, L.L.C., d/b/a Georgia Skies, from suspending its

service at Macon, Georgia, for an additional 30 days, through October 24, 2012, or until Sun Air 

Express, LLC d/b/a Sun Air International actually begins service, whichever comes first;1

2. The Department directs Pacific Wings, L.L.C., d/b/a Georgia Skies, 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 date of service of 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 air carrier may forfeit its compensation for any claim that is 

not supported under the terms of this Order; 

3. Docket DOT-OST-2007-28671 will remain open until further order of the Department; and

4. The Department will serve a copy of this Order on the mayor and airport manager of Macon, 

Georgia, and on Pacific Wings, L.L.C., d/b/a Georgia Skies.

Persons entitled to petition the Department for review of this Order under the Department’s 

Aviation Economic Regulations, 14 CFR Part 385.50, must file such petition 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 online at

www.regulations.gov

 1 In accordance with 49 U.S.C. § 41734(c), we will extend the air carrier’s service obligation for successive 30-day 

periods as necessary until replacement service actually begins.