Order 2010-5-12

Served: May 11, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11th day of May, 2010

Essential Air Service at

ALPENA, MICHIGAN

SAULT STE. MARIE, MICHIGAN

INTERNATIONAL FALLS, MINNESOTA

TUPELO, MISSISSIPPI

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

DOCKET OST-2009-0300

DOCKET OST-2009-0303

DOCKET OST-2009-0304

DOCKET OST-2009-0305

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 June 14, 2010.

1

Background

On July 14, 2009, 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 2009-7-16, July 16, 2009, 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 

May 14, 2010, by Order 2010-3-33.

By Order 2009-10-8, issued October 16, 2009, the Department: (1) selected SkyWest Airlines to 

provide replacement service at Eau Claire, WI, Hancock/Houghton and Muskegon, MI, and 

Paducah, KY; and (2) requested proposals from carriers interested in providing replacement 

service at Alpena and Sault Ste. Marie, MI, International Falls, MN, and Tupelo, MS.

SkyWest inaugurated service at Muskegon and Paducah on February 11, and at Eau Claire and 

Hancock/Houghton on February 28. Although we expect to issue a decision in the very near 

future, the carrier-selection process is still in progress at four communities captioned above. 

 

1 Since June 13th is a Sunday, this hold-in period will end on Monday, June 14th. (See 14 CFR 302.08)
2

Therefore, in accordance with 49 U.S.C. 41734(c), we will require Mesaba to provide the service 

levels at those communities as prescribed in the ordering paragraphs of Order 2009-7-16, 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 abovecaptioned communities as described in Order 2009-7-16, as adjusted by Order 2009-8-10, for an 

additional 30 days, through June 14, 2010, or until suitable replacement service actually begins, 

whichever occurs first;

2

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 manner 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. These dockets will remain open until further order of the Department; and

4. We will serve copies of this order on the mayors and airport managers 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 

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

 

2 In accordance with 49 U.S.C. 41734(c), we will extend Mesaba’s service obligation for successive 30-day periods, 

as necessary, until suitable replacement service actually begins.