Order 2011
- 3
- 19 Served: March 15, 2011 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

### OFFICE OF THE SECRETARY WASHINGTON, D.C.

Is sued by the Department of Transportation on the 15 th of March, 2011 Essential Air Service at ELFIN COVE , ALASKA, AND PELICAN , ALASKA Under 49 U.S.C. 41731 et seq . DOCKET OST - 200 2 - 11586 DOCKET OST - 200 2 - 11586

ERRATUM By Order 2011
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- 11 the Department selected Alaska Seaplane Service, LLC, to provide essential air service (EAS) at Elfin Cove and Pelican, Alaska. A laska Seaplane’s annual subsidy rates remain unchanged, but the weekly ceilings for Elfin Cove , as expressed in Appendix C
- 1 of that order are corrected as shown in the attached Appendix C
- 1A. This order is issued under authority delegated in 49 CFR 385. 12 (k)(4). ACCORDINGLY, 1. The Department corrects the payout formula for Elfin Cove as shown in Appendix C
- 1 A; 2 . Th is docket will remain open until further order of the Department; and 3 . We will serve copies of this order on Alaska Seaplane Serv ice, LLC, and on the state of Alaska
. Persons entitled to petition the Department for review of this order under the Department’s Regulations, 14 CF 385.5, must file such petitions within ten (10) days after the date service of this order.- 2 -

This order wi ll 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 http://www.regulations.govAppendix C
- 1 A Alaska Seaplane Service, LLC ., Essential Air Service to be Provided to

Elfin Cove , Alaska , Docket OST
- 200 2
- 11586 Effective Period : June 1, 2011 , through January 31, 2015
. Scheduled Service : Five nonstop round trip s per week in the 18
- week peak and two nonstop round trips per week in the 34
- week off
- peak to Juneau
. Aircraft : DeHavailland Beaver, six seats Rate per Eligible Flight: $239 1 Weekly Ceiling : Peak: $2,3 90 2 ; Off - Peak: $ 956 3 Note: The carrier understands that it may forfeit its compensation for any flights that it does not operate in conformance with the terms and stipulations of the rate order, including the service plans outlined in the order and any ot her significant elements of the required service, without prior approval. The carrier understands that an aircraft take
- off and landing at its scheduled destination constitutes a completed flight; absent an explanation supporting subsidy eligibility for a flight that has not been completed, such as certain weather cancellations, only completed flights are considered eligible for subsidy. In addition, if the carrier does not schedule or operate its flights in full conformance with the order for a significant period, it may jeopardize its entire subsidy claim for the period in question. If the carrier contemplates any such changes beyond the scope of the order during the applicable period of this rate, it must first notify the Office of Aviation Analysis in wr iting and receive written approval from the Department to be ensured of full compensation. Should circumstances warrant, the Department may locate and select a replacement carrier to provide service on these routes. The carrier must complete all flights that can be safely operated; flights that overfly points for lack of traffic will not be compensated. In determining whether subsidy payment for a deviating flight should be adjusted or disallowed, the Department will consider the extent to which the g oals of the program are met and the extent of access to the national air transportation system provided to the community. If the Department unilaterally, either partially or complete ly , terminates or reduces payments for service or changes service require ments at a specific location provided for under this order, then, at the end of the period for w hich the Department does make payments in the stipulated amounts or at the stipulated service levels, the carrier may cease to provide service to that specific location without regard to any requirement for notice of such cessation. Those adjustments in the levels of subsidy and/or service that are mutually agreed to in writing by the Department and carrier do not constitute a total or partial reduction or cessation of payment. Subsidy contract are subject to, and incorporate by reference, relevant statutes and Department regulations, as they may be amended from time to time. However, any such statutes, regulations, or amendments thereto shall not operate to co ntrovert the foregoing paragraph. Funds are not currently available for performance under this order beyond March 18, 2011 . The Government’s obligation for performance under this order beyond March 18, 2011 , is subject to the availability of appropriated funds from which payment for services can be made. No legal liability on the part of the Government for any payment may arise for performance under this order beyond March 18, 2011 , until funds are made available to the Department for performance. If fu nds are not made available for performance beyond March 18, 2011 , the Department will provide notice in writing to the carrier. All claims for payment must be submitted within 60 days of the last day of service provided under this order.
1 $75,391 annual subsidy ÷ divided by 316 annual flights, calculated as follows: Peak: 18 weeks * 5 round trips * 2 directions = 180 annual flights; Off Peak: 34 weeks * 2 round trips * 2 directions * 136 annual flights. 2 10 flights x $239 = $2,390
. 3 4 flights x $239 = $956
.