Order 2014

- 9

- 15

Served: September 24, 2014



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 2 4 th day of September , 20 1 4

CLARIFYING ORDER

By Order 2014

- 4

- 19 , issued on April 22, 2014 , we selected Boutique Air to provide

subsidized Essential Air Se rvice (EAS) at Clovis, New Mexico , for the two

- year period from

June 1 , 2014

, through May 31 , 2016.

Subsequently, Boutique Air contacted the Department to inform us that they would inaugurate service at Clovis on July 15 , 2014

. We will therefor e clarif y the effective period

of Boutique Air ’s two

- year selection at Clovis to be from July 15 , 2014, through July 31, 2016

.

This O rder is issued under authority delegated in 14 CFR Part 385.12(k)

.

ACCORDINGLY,

1. We amend the effective period of Order 2014

- 4

- 19 , Appendix B

, (included here as Appendix A ) , as follows: “ July 15 , 2014, through July 31 , 2016 ; ”

2. This dockets will remain open until further Order of the Department; and

Essential Air Service at :

CLOVIS, NEW MEXICO

Under 49 U.S.C. 41731 et seq

. DOT

- OST

- 199 6

- 1902- 2

-

3

. The Department will serve copies of this Order on the civic officials of Clovis, New Mexico, the Manager at Clovis Municipal Airport, Boutique Air

.

Persons entitled to petition the Department for review of this order under the Department’s Aviation Economic Regulations, 14 CFR Part 385.31(a) must file such petitions within se ven ( 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 electron ic version of this document is available at: http://www.regulations.gov/Appendix A

Boutique Air
Essential Air Service to be Provided at Clovis, New Mexico

DOT

- OST

- 199 6

- 1902

Effective Period : July 15 , 2014, through July 31, 2016

Scheduled Service : Eighteen nonstop round trips each week to Dallas/Ft. Worth

Aircraft : 9

- Seat Pilatus PC

- 12 Rate per Eligible Flight: $1,728 1 Weekly Ceiling : $62,208 2

Note: The carrier understands that it may forfeit its compensation for any f lights 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. S hould 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 comp ensated. 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 p rovided to the community.

If the Department unilaterally, either partially or complete, 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 whi ch 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 part ial reduction or cessation of payment.

Funds may not be available for performance under this Order beyond March 18, 201 4 . The Government’s obligation for performance under this Order beyond March 18, 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 per formance under this Order beyond March 18, 2014 , until funds are made available to the Department for performance. If sufficient funds are not made available for performance beyond March 18, 2014 , the Department will provide notice in writing to the carri er.

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.

All claims for payment, including any amended claims, must be submitted within 9 0 days of the last day of the month for which compensation is being claimed. For example, claims for service provided in July must be filed by October 3 1 st ; August claims must be submitted by November 30 th , and so on.

1 Annual compensation of $ 3,179,857 divided by 1,840 annual departures (313 service days x 6 flights per service day x 98 percent completion).
2 36 flights per week multiplied by $1,728 per flight.