Order 2012-5-9

Served: May 9, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

 on the 9th day of May, 2012

Essential Air Service at

GREENBRIER/WHITE SULPHUR 

SPRINGS, WEST VIRGINIA

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

Docket DOT-OST-2003-15553

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this Order, we extend the Essential Air Service (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 13,

2012.

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) provides 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 Greenbrier with only 

Gulfstream’s two round trips a week, we prohibited the carrier from terminating such service at 

the end of its 90-day notice period and requested proposals 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 March 14, 2012. 

One proposal for service, from Silver Airways, was received. Community comments were 

requested, and those are due on May 10, 2012. 
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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, letter, 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, would 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 would not have been in place prior to April 14, 2012, in 

accordance with 49 U.S.C. 41734(c), we extended 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 occurred first.

Since comments are not 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 replacement 

service actually begins, whichever occurs first.

This Order 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 Essential Air Service at Greenbrier/White Sulphur Springs, West Virginia, 

as described in Order 2012-2-7, for an additional 30 days, through June 13, 2012, 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 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. Docket 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.
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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 Lines.

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 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 at

www.regulations.gov