**BEFORE THE DEPARTMENT OF TRANSPORTATION**  **WASHINGTON, D.C. OFFICE OF THE SECRETARY** 

**_______________________________________ In the matter of**  **) ESSENTIAL AIR SERVICE AT**  **) Docket DOT**  **- OST** **- 1995**  **- 363**  **NIKOLSKI AND ATKA, ALASKA )**  **_______________________________________)**

**PETITION OF SER VANT AIR**  **TO RESCIND EXTENSION OF FILING DEADLINE**

**Communications with respect to this document should be addressed to: Wes Osowski**  **Servant Air, Inc. 1619 Airport Way**  **Kodiak, AK 99615 -**  **6977 March 22, 2012** **BEFORE THE DEPARTMENT OF TRANSPORTATION**  **WASHINGTON, D.C. OFFICE OF THE SECRETARY** 

**_______________________________________ In the matter of**  **) ESSENTIAL AIR SERVICE AT**  **) Docket DOT**  **- OST** **- 1995**  **- 363**  **NIKOLSKI AND ATKA, A LASKA**  **) _______________________________________)**  **PETITION OF SERVANT AIR TO RESCIND EXTENSION OF FILING DEADLINE** 

Servant Air, Inc., a DOT certificated air carrier which currently operates aircraft of the type required for Essential Air Service at Atka an d Nikolski, objects to the extension of time granted to Grant Aviation to file a bid to provide Essential Air Service at these two points. Further, Servant A ir requests that the extension be rescinded and the current due date of Friday, March 23 be set as the deadline for applications. The extension allowance is procedurally deficient. Grant did not serve its request upon other parties to the Docket, and in fact it is dated three weeks after the grant of the previous extension to Peninsula Airways, the in cumbent carrie r. Peninsula A irways has already given notice that it does not intend to file proposals for Essential Service to Nikolski or Atka. The rationale given for the extension is contrary to Department procedures, and is detrimental to applicants w ho do comply with cl early stated regulations. In the first place , consideration was given to another carrier which operates service in the area, but does not provide passenger service. Last week that carrier determined that it would not file service prop osals at Atka and Nikolski and notified the Department of its decision. At the same time, Servant Air contacted the Department to express its interest in the routes, and made a commitment to file a compliant application on time. It is offensive to sugges t that the decision by a carrier which provides no passenger service not to submit a bid, over a week before the filing deadline, alters the procedural situation in any way. Subsequent to Servant’s commitment, Department staff contacted Grant Aviation abou t providing a bid. Grant, like Servant, was on the service list and was fully aware of the status of the case, but had never contacted the Department to express interest in the case. It was only several days after the Department’s contact, and one day be fore the filing deadline , that Grant requested its extension. Grant justified its extension on its inexperience with the EAS process. Grant has never been at any disadvantage in this case. It has been served with all DOT communications in the same fashi on as Servant. It is not a matter of not having the opportunity to work hard enough, but rather starting too late to make a timely filing.Servant Air has expended substantial time and money in the process of analyzing and preparing its bid

for service. Servant has had to deal with the same circumstances and knowledge as the Department and every other carrier. There is a value to time, and Servant has had to expend more resources than would have been required to meet a longer deadline. When Servant inqu ired about the filing deadline after both Penair and the second, non

- passenger carrier declined to submit bids, Servant was told that the Department was not inclined to extend the deadline. The actions of the Department have the appearance of favoritism in selecting applicants. Twice the Department has solicited bids from specific carriers, including Grant. When Grant submitted a request for extension one day before the deadine, it was granted. **WHEREFORE** , Servant Air requests the Department rescind the extension of time to file Essential Service bids, and reinstate the Friday, March 23 deadline. Alternatively, Servant would accept a shorter extension to close of business, EDT, Monday March 26, 2012. One week ago Servant learned that the two carriers previously expected by the Department to file bids would not do so. In that short period Servant has expended substantial time and money in preparing its offer. Last Monday the Department solicited a bid fr om Grant. A Monday deadline would put Grant on an equal time and footing with Servant in regard to preparation time. Respectfully submitted,

Wes Osowski Director of Operations March 22, 2012