Order: 2014

- 10

- 1

Served: October 3, 2014



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 3rd day of October , 20 14

Essential Air Service at

LAUREL/HATTIESBURG, MISSISSIPPI MERIDIAN, MISSISSIPPI TUPELO, MISSISSIPPI

Under 49 U.S.C. 41731 et seq

. Docket DOT

- OST

- 2001

- 10685

Docket DOT

- OST

- 2008

- 0112

Docket DOT

- OST

- 2009

- 0305



### ORDER EXTENDING SERVICE OBLIGATION

Summary By this O rder, the Department extends the Essential Air Service (EAS) o bligation of Silver Airways Corp. (Silver)

, at Laurel/Hattiesburg, Meridian, and Tupelo, Mississippi

, for an additional 30 days, through November 4

, 2014

.

Background

On April 9, 2014, Silver filed a 90

- day notice with the Department o f its intent to terminate its

subsi dized EAS at the above

- mentioned communi t ies , effective July 8

, 2014 . By

Order 2014

- 4

- 24 (April 22, 2014 )

, the Department prohibite d Silver from su s pending service through August 6

, 20 14 , and requested proposals from air carriers interested in providing replacement service. Several carriers filed proposals. Refer to each community’s docket on www.regulations.gov for carrier proposals.

By Order 2014

- 7

- 12 (July 14, 2014)

, the Department selected ExpressJet Airlines to provide EAS at Laurel/Hattiesburg and Meridian starting November 1, 2014. 1

By Order 2014

- 8

- 2 (August 6, 2014) the Department extended Silver’s service obligation at Muscle Shoals, Alabama, Greenville, Laurel/H attiesburg, Meridian, and Tupelo for an additional 30 days through September 5, 2014, and once again for an additional 30 days through

October 5, 2014, i n a cc ordance with 49 U.S.C. § 41734(c).

1 ExpressJet tentatively plans to begin service at Laurel/Hattiesburg and Meridian on November 6, 2014.2

By Order 2014

- 8

- 19 (August 27, 2014) the Department selected SeaPort Airlines, Inc. to provide EAS at Tupelo starting October 1, 2014, and is scheduled to begin service on

October 28,2014. 2

Since new air carriers will not replace Silver’s service at Laurel/Hattiesburg, Meridian, and Tupelo before the October 5 hold

- in date, we must extend Silver ’ 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 Silver Airways Corp. to provide the level of service at Laurel/Hattiesburg, Meridian, and Tupelo, Mississippi, as set fo rth in Order 2014

- 4

- 24 , for an additional 30

- day period through November 4

, 2014 , or until a n air carrier ca pable of providing reliable EAS actually begins service, whichever is first ; 3

2. We direct Silver Airways Corp. 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

this O rder 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 sup ported under the terms of this O rder;

3. These d ocket s will remain open until further order of the Department; and

2 By that same Order, the Department deferred action at Muscle Shoals and Greenville until further Order from the Department. A selection order for both communities will be forthcoming.

3 In accordance with 49 U.S.C. § 41734(c), we will extend Silver’s service obligation for successive 30

- day periods as necessary until repl acement service actually begins at Tupelo, Laurel/Hattiesburg, and Meridian. See t he previous page for discussion of Muscle Shoals and Greenville.3

4. The Department will service a copy of this Order on the mayor s of Laurel

, Ha ttiesburg, Meridian, and Tupelo the airport manager s at Hattiesburg

- Laurel Regional Airport, Meridian Regional Airpo rt, and Tupelo Regional Airport, Silver Airways Corp. , SeaPort Airlines, and ExpressJet Airlines

.

Persons entitled to p etition the Department for review of this O rder under the Department’s

Aviation Eco nomic Regulations, 14 CFR 385.31(a) , must file such petitions within seven (7 ) days after the date of service of this order.

This O rder will be effective immediately, and t he 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.govAPPENDIX A

Essential Air Service to be Maintained at Laurel/Hattiesburg, Meridian, and Tupelo, Mississippi

Effective Period : October 6

, 2014

, through November 4

, 2014

Hub: Hartsfield

- Jackson Atlanta International Airport (ATL)

Scheduled Service : 12 weekly nonstop round trips to Laurel/ Hattiesburg

12 or 13 weekly nonstop round trips to Meridian 12 weekly nonstop round trips to Tupelo

Aircraft : 34

- passenger Saab 340