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 SERVANT 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, ALASKA )

_______________________________________)

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 and 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 Air 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extension be rescinded and the current due date of Friday, March 23 be set as the deadline for 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 incumbent carrier. Peninsula Airways 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 who do comply with clearly 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 proposals 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 

suggest 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 about 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 before 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 fashion 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 inquired 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 from 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