Order 2012

- 1

- 27 Served: January 27, 2012



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 27 th day of January , 20 12

Essential Air Service at

BAR HARBOR, MAINE PRESQUE ISLE /HOULTON , MAINE PLATTSBURGH, NEW YORK

Under 49 U.S.C. 41731 et seq

. DOCKET DOT

- OST

- 2011

- 0185

DOCKET DOT

- OST

- 2000

- 8012

DOCKET DOT

- OST

- 2003

- 14783



### ORDER EXTENDING SERVICE OBLIGATION Summary

By this O rder, the Department of Transportation extends the Essential Air Service (EAS)

o bligation of Colgan Air, Inc., operating as US Airways Express (Colgan)

, at Bar Harbor and Presque Isle

, Maine, and Plattsburgh, New York, for an additional 30 days, through

March 7

, 2012

.

Background

By the three Orders listed in the chart, t he Department selected Colgan to prov ide subsidized

EAS at the three communities as summarized below:

Community Ann ual Subsidy Order Thru Hub Weekly

Round Trips Stops Aircraft

1. Bar Harbor $2,298,533 2010

- 9

- 28 10/31/12 BOS 14 0 Saab 340

2. Plattsburgh $2,117,101 2010

- 3

- 27 06/30/12 BOS 12 0 Saab 340

3 Presque Isle $2,812,853 2010

- 6

- 5 05/31/12 BOS 19 0 Saab 340

On September 9, 2011, Colgan filed a 90

- day notice with the Department o f its intent to

terminate its subsidized service at the above

- mentioned communities, effective

December 8, 2011. By Order 2011

- 11

- 26, issued November 22, 2011, the Department prohibited Colgan from suspending service through January 7, 2012, and requested proposals from carriers interested in providing replacement service.2

Since a new air carrier has not been selected to provide replacement EAS at the communities,

we must extend Colgan ’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 Colgan Air, Inc. to provide the level of service at Bar Harbor and Presque Isle, Maine, and Plattsburgh, New York , as set forth in Order 2011

- 11

- 26 , for an additional 30

- day period through March 7

, 2012 , or until a carrier ca pable of providing reliable EAS actually

begins service, whichever is first ; 1

2. We direct Colgan Air, 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 from the service date of

this order or until the Department indicates that the records may be destroyed, whichever comes

f irst. 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 Docket s will remain open until further order of the Depa rtment; and

4. We will serve copies of th is O rder on the Mayor s and Airport Managers of Bar Harbor, Presque Isle, Maine, and Plattsburgh, New York, and Colgan Air, Inc

.

Persons entitled to petition the Department for review of this O rder 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 O rder will be effective immediately, and the filing of a petition for review shall not preclude its effe ctiveness.

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

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

- day periods as necessary until replacement service actually begins.