Order 2014-10-17

Served: October 21, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 21st of October, 2014

Essential Air Service at

GREAT BEND, KANSAS

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

DOCKET DOT-OST-1998-3496

ORDER APPROVING ALTERNATE SERVICE PATTERN

Summary

By this Order, the Department is approving the request of SeaPort Airlines, Inc.’s (SeaPort) to 

alter the pattern of its Essential Air Service (EAS) at Great Bend, Kansas (GBD), to 12 weekly 

nonstop round trips to Kansas City International Airport (MCI or Kansas City).

Background

By Order 2014-3-9 (March 14, 2014), the Department selected SeaPort to provide subsidized 

Essential Air Service at Great Bend for an annual subsidy amount of $1,434,472. In that Order, 

SeaPort was selected to provide 18 weekly nonstop round trips to Wichita, Kansas (ICT) using a 

9-seat Cessna Caravan aircraft for a two-year period beginning June 1, 2014, through

July 31,2016. 

By Order 2014-4-14 (April 17, 2014), the Department approved SeaPort to change its service 

pattern to include 12 weekly roundtrips to ICT and six weekly, one-stop flights to MCI (via 

Salina, Kansas).

Carrier Proposal

By letter dated October 7, 2014, SeaPort requested that the Department to alter its service pattern 

at GBD to 12 weekly nonstop round trips to MCI. The carrier cites demand for travel to Wichita 

has been far below projected levels, while demand for Kansas City Service has exceeded 

expectations. Because of the low demand for its flights to ICT, SeaPort states that it is at risk of 
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exceeding the $1,000 per passenger subsidy cap1 and the current service pattern puts Great 

Bend’s long-term EAS eligibility at risk. The City of Great Bend and SeaPort believe that 

changing the service to nonstop flights to Kansas City will increase passenger traffic, through 

increased connectivity to other airlines (vs. Wichita) and reduce subsidies below $1,000 per 

passenger. SeaPort is not requesting any change to the annual subsidy requirement.

Community Comments

In a letter dated October 7, 2014, Martin Miller, Airport Manager for Great Bend Municipal 

Airport, along with the Airport Advisory committee and the Great Bend City Council, support 

the changes requested by SeaPort Airlines to alter Great Bend’s service to 12 weekly round trips 

to MCI. 

Decision

We will approve SeaPort’s request, which meets the three conditions necessary for approval 

under authority assigned under 14 CFR 385.12(k)(3) of the Department’s Regulations: (1) the 

alternate service pattern is equal to or greater than that determined to be essential; (2) the 

community does not object to the alternate service pattern; and (3) the alternate service pattern 

will not increase SeaPort’s subsidy.

Because SeaPort will be operate six (6) fewer flights round trips than the current service pattern, 

we will recalculate SeaPort’s subsidy per flight as original set forth in Order 2014-3-9. There 

will be no change in weekly ceiling or annual compensation.

Because we are simply allowing the alternate service pattern and not requiring it, SeaPort may 

revert to the original service pattern at any time.

This order is issued under authority delegated in 49 CFR 1.25a(b) and re-delegated to the 

Director, Office of Aviation Analysis.

ACCORDINGLY,

1. We approve the alternate service pattern requested by SeaPort Airlines, Inc. by setting Great 

Bend’s Essential Air Service as 12 weekly nonstop round trips to Kansas City International 

Airport;

2. SeaPort’s compensation for Essential Air Service at Great Bend will be set at the service and 

subsidy levels set forth in Appendix A of this Order;

3. This docket will remain open until further order of the Department; and

4. The Department will serve a copy of this Order on the mayor of Great Bend, Kansas, the 

Airport Manager of Great Bend Municipal Airport, and SeaPort Airlines, Inc.

 

1 Public Law 112-27, signed into law on August 5, 2011, further amended the definition of “eligible place” for the 

purpose of receiving EAS. The amendment, among other things, states that to be eligible, a community must have 

had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the 

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

Regulations, 14 CFR Part 385.31, must file such petitions within seven (7) 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 at

www.regulations.gov
Appendix A

SeaPort Airlines, Inc., EAS to be Provided to Great Bend, Kansas

Docket DOT-OST-1998-3496

Effective Period: November 1, 2014,1 through July 31, 2016

Service: Twelve (12) nonstop round trips per week to Kansas City International Airport (MCI)

Aircraft Type: C-208 Caravan

Annual Subsidy: $1,434,472

Annual Flights: 1,8442

Subsidy per Flight: $1,1673

Weekly Subsidy Ceiling: $28,0084

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 other 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 these rates, it must first notify the Office of Aviation Analysis in writing 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 goals 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 completely, terminates or reduces payments for service or changes service 

requirements at a specific location provided for under this order, then, at the end of the period for which 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 contracts 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 controvert the foregoing paragraph.

Funds may not be available for performance under this Order beyond December 11, 2014. The Government’s obligation for 

performance under this Order beyond December 11, 2014, is subject to the availability of 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 

December 11, 2014, until funds are made available to the Department for performance. If sufficient funds are not made available for 

performance beyond December 11, 2014, the Department will provide notice in writing to the carrier.

All claims for payment, including any amended claims, must be submitted within 90 days of the last day of the month for which 

compensation is being claimed. For example, claims filed for service provided in July must be filed by October 31; August 

claims must be submitted by November 30, and so on.

 

1 SeaPort plans to change Great Bend’s service on November 1, 2014.

2 12 trips per week x 2 directions x 52 weeks x 0.985 completion = 1,229 flights.

3 $1,434,472 ÷ 1,229 flights.

4 $1,167 per flight x 24 flights per week.