Order 2 013

- 12

- 13

Served: D ecember 23, 2013



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 23rd day of December , 20 13

Essential Air Service at

CODY, WYOMING

Under 49 U.S.C. 41731 et seq

. DOCKET DOT

- OST

- 2011

- 0121



### ORDER EXTENDING SERVICE OBLIGATION Summary

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

o bligation of SkyWest Airlines, operating as United Express (SkyWest/United Express )

, at Cody

, Wyoming, for an additional 30 days, through January 27, 2014.

Background

On August 1, 2013, SkyWest/United Express filed a 90

- day notice with the Department o f its

intent to terminate its un subsidized service in the Cody

- Denver market , effective

November 1

, 2013. By Order 2013

- 10

- 15

, (October 29, 2013)

, the Department prohibited SkyWest /United Express from su spendin g service through November 28

, 20 13 , and requested proposals from air carriers interested in providing replacement service. In response to our request, SkyWest Airlines, operating as Delta Connection (SkyWest/Delta Connection) submitted a proposal to serv e Cody

- Salt Lake City on a year

- round basis, and SkyWest/United Express submitted a proposal to serve Cody

- Denver for eight months of the year, with the remaining four months served on a subsidy

- free basis.

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

we must extend SkyWest /United Express’ 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).2

ACCORDINGLY,

1. We require SkyWest/United Express to provide the level of service at Cody, Wyoming , as set
forth in Order 2013

- 10

- 15 , for an additional 30

- day period through January 27, 2014 , or until a n

air carrier ca pable of providing reliable EAS actually begins service, whichever is first ; 1

2. We direct SkyWest/United Express 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 O rder 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 sup ported under the terms of this O rder;

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

4. The Department will service a copy of this Order on the mayor o f Cody, the airport manager at Yellowstone Regional Airport, and the service list for this docket.

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

Aviation Eco nomic Regulations, 14 CFR 385.31(a) , must file such petitions within seven (7 ) 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 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 www.regulations.gov

1 In accordance with 49 U.S.C. § 41734(c), we will extend SkyWest/United Express’ service obligation for

successive 30

- day periods as necessary until replacement service actually begins.APPENDIX A

Essential Air Service to be Maintained at Cody, Wyoming

Effective Period : December 29, 2013

, through January 28, 2014

Scheduled Service : One daily round trip (7 a week) to Denver International Airport

Aircraft : 50

- seat Canadair Regional Jet 200 (CRJ 200)