Order 20 1 2

- 5

- 9
Served: May 9 , 201 2



### UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation
on the 9 th day of May

, 201 2

Essential Air Service at

GREENBRIER/WHITE SULPHUR
SPRINGS
, WEST VIRGINIA

under 49 U.S.C. 41731 et seq

. D ocket DOT

- OST

- 200 3

- 15553

ORDER EXTENDING SERVICE OBLIGATION

Summary By this O rder, we extend the E ssential A ir S ervice (EAS) obligation of Pinnacle Airlines, Inc.
and ExpressJet Airlines (formerly known as Atlantic Southeast Airlines

, renamed ExpressJet Airlines effective December 31, 2011 ) d/b/a Delta Connection ( “ Delta ” )

, at Greenbrier/White Sulphur Springs

, West Virginia (“Greenbrier ” )

, for an additional 30 days, through June 1 3

, 201 2

.

Background
On December 16, 2011, Delta filed a 90

- day notice to terminate all of its service at Greenbrier,
effective March 15, 2012. At that time, Delta provided seven (7) weekly nonstop round trips between Greenbrier and New York JFK International Airport and seven (7) weekly nonstop round trips between Greenbrier and Atlanta Hartsfield Jackson International Airport ( “Atlanta”) using 50

- passenger CRJ

- 200 aircraft. In addition, Gulfstream International Airlines (now known as Silver Airways) provide s one nonstop round trip on Saturday and one on Sunday between Greenbrier and Cleveland Hopkins International Airport on a subsidy

- free basis.

Because Delta’s proposed termination of service would have left Greenbrie r wit h only Gulfstream’s two round trips a week, we prohibit ed the carrier from terminating such service at
the end of its 90

- day notice period and request ed prop osals for replacement service , to be due
March 16 , 2012

. Subsequent to that Order, on March 12, 2012, Silver Airways requested an extension for service proposals to be due April 10

, 2012

, which we granted on Mar ch 14 , 2012. One proposal for service, from Silver Airways, was received. Community comments were requested

, and those are due on May 10, 2012.- 2

-

Order 2012

- 2

- 7, February 9, 2012

, required Delta to maintain at least 10 round trips per week to a large or medium hub for an initial 30

- day period after the original 90

- day notice period, i.e.

, through April 14, 2012. Delta’s 10

- round

- trip

- per

- week pattern was to continue through May 1, 2012, the traditional start of Greenbrier’s summer season. In a December 19 , 2011, l etter, Delta stated that its plan was to operate those 10 round trips per week to Atlanta. Delta’s 10 round trips per week, plus Silver Airways’ two round trips per week

, w ould provide Greenbrier with 12 round trips per week.

Any other proposed schedules or service patterns ( e.g. less frequency, but on a nonstop basis to/from the hub) should be coordinated with the Department and the community.

Because a replacement carrier w ould not have been in place prior to April 14, 2012, in accordance with 49 U.S.C. 41734(c), we extend ed Delta’s service obligation for an additional 30 days, through May 14, 2012, in Order 2012

- 4

- 11, April 6, 2012, or until replacement service actually begins, whichever occur red first.

Since comments are n ot due on the proposal to serve Greenbrier until May 10, 2012, a carrier will not begin replacement service by May 14 , 2012 . In accordance with 49 U.S.C. 41734(c), we must extend the service Delta’s obligations for an additional 30 days, or until replaceme nt service actually begins, whichever occurs first.

This O rder is issued under authority assigned in 14 CFR 385.12(k)(5).

ACCORDINGLY, 1. We require Pinnacle Airlines, Inc. and ExpressJet Airlines d/b/a Delta Connection

, to maintain the level of E ssential Air S ervice at Greenbrier/White Sulphur Springs

, West Virginia

, as described in Order 20 12

- 2

- 7

, for an additional 30 day s , through June 1 3 , 20 1 2

, or until replacement service actually begins, whichever occurs first ; 1

2. We direct Pinnacle Airlines, Inc. and ExpressJet Airlines d / b / a Delta Connection 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 i ts 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. D ocket DOT

- OST

- 2003

- 15553 will remain open until further order of the Department; and

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

- day periods, as necessary, until suitable replacement service actually begins.- 3

-

4. We will serve copies of this order on the Mayors of Lewisburg and White Sulphur Springs, the airport manager of Greenbrier Valley Airport, Pinnacle Airlines, Inc., ExpressJet Airlines,
and Delta Air Li nes.

Persons entitled to petition the Department for review of this Order 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 Order will be effe ctive 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