Order: 2014-9-9

Served: September 11, 2014

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 September, 2014

Essential Air Service at

BRADFORD, PENNSYLVANIA

DUBOIS, PENNSYLVANIA

FRANKLIN/OIL CITY, PENNSYLVANIA

JAMESTOWN, NEW YORK

PARKERSBURG, WEST VIRGINIA/

MARIETTA, OHIO

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

 Docket DOT-OST-2003-14528

 Docket DOT-OST-2004-17617

 Docket DOT-OST-1997-2523

 Docket DOT-OST-2003-14950

 Docket DOT-OST-2005-20734

ORDER EXTENDING SERVICE OBLIGATION

Summary

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

obligation of Silver Airways (“Silver”), at Bradford, and Franklin/Oil City (“Franklin”), 

Pennsylvania, and Jamestown, New York, for an additional 30 days, through October 14, 2014.

At DuBois, Pennsylvania, and Parkersburg, West Virginia/Marietta, Ohio (“Parkersburg”), we 

are extending Silver to September 30, 2014, at the current subsidy rates. On October 1, 2014, 

Silver continues service at DuBois and Parkersburg with new rates and aircraft.

Background

On February 14, 2014, Silver filed a 90-day notice of its intention to terminate scheduled air 

service at Bradford, DuBois, Franklin, Jamestown, and Parkersburg, effective May 15, 2014. 

By Order 2014-3-12 (March 19, 2014), the Department initially prohibited Silver from 

suspending service through June 14, 2014, and requested proposals from air carriers interested in 

providing replacement service. In response to our request, four proposals were submitted: Silver 

Airways (the incumbent), Boutique Air, City Link Air, and Sun Air. We have required Silver to 

continue serving all five communities, most recently by Order 2014-8-7 (August 12, 2014), 

through September 14, 2014
2

By Order 2014-7-11 (July 18, 2014), the Department selected a new carrier, Sun Air Express, 

LLC d/b/a Sun Air International (“Sun Air”), to provide Essential Air Service (EAS) at 

Jamestown, New York, from October 1, 2014, through September 30, 2016, re-selected Silver 

at DuBois, and Parkersburg, from October 1, 2014, through September 30, 2016, and deferred

action on Bradford and Franklin until further Order from the Department. Sun Air is not able to 

begin service at Jamestown on October 1, 2014, therefore, we are holding in Silver. On 

October 1, 2014, Silver maintains service at DuBois and Parkersburg at new subsidy rates and 

34-passenger, Saab 340 aircraft. 

Since the current 30-day hold-in, as established by Order 2014-8-7, only runs through 

September 14, 2014, we must extend Silver’s service obligation for an additional 30 days at 

Bradford, Franklin and Jamestown.

By letter dated August 29, 2014, Silver outlined its plans to terminate service at Bradford and 

Franklin, effective October 1, 2014. This does not relieve them of their EAS obligations at 

Bradford and Franklin. By Order 2014-6-6, June 24, 2014, Bradford and Franklin’s eligibility 

for EAS was terminated because the communities did not generate 10 enplanements per day as 

required by 49 U.S.C. § 41731(a)(1)(B). Both communities have filed petitions for a waiver 

from the requirement. Those were due July 24, 2014. The Department is currently reviewing 

their petitions. If either or both communities are granted a waiver, the Department will make a 

carrier selection after that determination has been made. During this time, we will continue to 

hold Silver in to provide EAS at both communities, in accordance 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 to provide the level of service at Bradford, Franklin, and 

Jamestown, as set forth in Order 2014-3-12, for an additional 30-day period through 

October 14, 2014, or until further Department action; and at DuBois and Parkersburg, for an 

additional 15-day period through September 30, 2014;1

2. We direct Silver Airways 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 

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

 1 In accordance with 49 U.S.C. §41734(c), we will extend Silver Airways service obligation for successive 30-day 

periods as necessary.
3

4. The Department will serve a copy of this Order on the mayors of Bradford, DuBois, Franklin, 

Jamestown, and Parkersburg, the airport managers at each respective community, the 

Pennsylvania Department of Transportation, and the service list for this docket.

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

Aviation Economic Regulations, 14 CFR 385.31(a), 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 on online at

www.regulations.gov
Appendix A

Essential Air Service to be maintained at Bradford, DuBois, Franklin, Jamestown, and 

Parkersburg

Effective Period: September 15, 2014, through September 30, 2014

Scheduled Service: 24 weekly nonstop or one-stop round trips to DuBois

 24 weekly nonstop round trips to Parkersburg

Effective Period: September 15, 2014, through October 14, 2014

Scheduled Service: 18 weekly nonstop or one-stop round trips to Bradford

 12 weekly nonstop or one-stop round trips to Franklin

 18 weekly nonstop or one-stop round trips to Jamestown

 

Aircraft: 19-seat Beech 1900D