Order 2010-4-16

Served: April 26, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26th day of April, 2010

Essential air service at

MOSES LAKE, WASHINGTON

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

 Docket DOT-OST-2010-0081

ORDER ALLOWING SUSPENSION OF SERVICE

Summary

By this order, the Department is allowing SkyWest Airlines, d/b/a United Express (SkyWest), to

suspend its scheduled air services at Moses Lake, Washington, as of June 8, 2010.

Background

On March 30, 2010, SkyWest filed a 90-day notice of intent to suspend its scheduled service at 

Moses Lake, Washington, as of June 8, 2010. SkyWest is the only carrier providing scheduled 

service at Moses Lake, where it operates two daily nonstop round trips to Seattle/Tacoma 

International Airport with 30-seat Embraer EMB-120 Brasilia aircraft. 

Moses Lake is an essential air service (EAS) community by virtue of its being listed on a 

certificated carrier’s certificate on October 24, 1978, the date of enactment of the Airline 

Deregulation Act. However, to ensure that EAS funds are spent prudently, Congress has 

established certain subsidy-eligibility criteria. Under Public Law 106-69, the Department of

Transportation and Related Agencies Appropriations Act of 2000, the Department is prohibited 

from subsidizing EAS at communities where the subsidy amounts to more than $200 per 

passenger unless they are more than 210 highway miles from the nearest large or medium hub.1 

By Order 2006-8-16, the Department terminated Moses Lake’s subsidy eligibility because its 

 

1 Congress first imposed the $200 ceiling standard in fiscal year 1990 appropriations language, and 

repeated it in appropriations acts from 1994 through 1999. Congress then made the $200 ceiling a 

permanent subsidy-eligibility standard by the Department of Transportation and Related Agencies 

Appropriations Act of 2000, Public Law 106-69. 
- 2 -

subsidy per passenger was above the statutory $200 cap, and it was well within 210 miles of 

Seattle-Tacoma International airport, a large hub.

Decision

We will allow SkyWest to discontinue its service at Moses Lake, as of June 8, 2010, as it 

requested. While Moses Lake technically remains an EAS community, we are prohibited from 

paying EAS subsidy to support air service. 2 Therefore, we cannot require the carrier to continue 

to provide service past the end of its 90-day notice.

Before SkyWest suspends its services, we expect it to contact all travelers holding reservations 

for travel after its suspension date; to notify them of its suspension and the alternative services

available from other carriers; and to assist them in arranging alternate air transportation at nearby

communities or to provide them with a refund of their ticket price, without penalty, if requested.

This order is issued under authority delegated in 49 CFR 1.56a(f).

ACCORDINGLY,

1. We allow SkyWest Airlines, d/b/a United Express, to suspend its scheduled air services at 

Moses Lake, Washington, as of June 8, 2010;

2. This docket will remain open until further order of the Department; and

3. We will serve copies of this order on the mayor of Moses Lake, Washington, the airport 

manager of Moses Lake Airport, and SkyWest Airlines.

By:

 SUSAN L. KURLAND

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available

at www.regulations.gov

 

2 If Moses Lake were not an EAS community, SkyWest could have simply suspended service without 

filing any notice.