Order 2010

- 4
- 16 Served: April 26 , 2010 

### UNITED STA

TES OF A MERICA DEPA RTMENT OF TRA NSPORTA TION OFFICE OF THE SECRETA RY WASHINGTON, D.C. Is sued by the Department of Transportation on the 26 th day

of April , 2010 Essential air service at MOSES LAKE, WA SHINGTON under 49 U.S.C. 41731 et seq. Docket DOT - OST - 2010 - 0081

ORDER AL LOWING SUSPENSION OF SERVICE Summary By this order, the Department is allowing Sky West Airlines , d/b/a United Express (Sky West), to suspend its scheduled air service s at M oses L ake, Washington , as of June 8 , 2010
. Background On March 30 , 2010 , Sky

West filed a 90

- day

notice of intent to suspend its scheduled service at Moses L ake , Washington, as of June 8, 2010 . Sky West is the only

carrier providing scheduled service at Mo ses L ake, where it operates two daily nonstop round trips to Seattle/Tacoma International Airport with 30
- seat Embraer EMB

- 120 Brasilia aircraft. Moses L ake is an essential air s ervice (EAS) community by virtue of its being li sted 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

- eligibil ity criteria. Under Public L aw 106
- 69, the Department of Transportation and Related Agencies Appropriations Act of 20 00, the Department is prohibited from subsidizing EAS at communities where th e subsidy amounts to more than $ 200 per passenger unless they

are more than 210 highway miles from the nearest large o r medium hub. 1 By Order 2006
- 8
- 16, th e D epartment terminated Moses L ake’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 f rom 1994 through 1999. Congress then made the $200 c eiling 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. Decis ion W e will allow Sky

West to discontinue its service at Moses L ake , as of June 8, 2010 , as it requested
. While Moses L ake technically remains an EAS community, we are prohibited from paying EAS subsidy

to support air service. 2 Therefore, we cannot requi re the carrier to continue to provide service past the end of its 90

- day notice. Before Sky

West suspends its service s , we expect it to contact all travelers holding reservations for travel after its suspension date ; to notify them of its suspension and th e alternative service s 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 auth ority delegated in 49 CFR 1.56a(f). AC CORDINGLY, 1
. We allow Sky

West Airlines , d/b/a United Express , to suspend its scheduled air service s at Moses L ake , Washington , as of June 8, 2010 ; 2. This docket will remain open until further order of the Departm ent; and 3 . We will serve copies of this order on the mayor of Moses L ake, Washington , the airport manager of Moses Lake Airport , and Sky West Airlines
. By :

SUSA N L. KURLA ND 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.