Order 95-6-15

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation
on the 12th day of June, 1995

SERVED JUN 16 1995 

Essential Air Service at

    FAIRMONT, MANKATO, AND WORTHINGTON,
    MINNESOTA						 Docket 46794
    BROOKINGS AND MITCHELL, SOUTH DAKOTA

under 49 U.S.C. 41731 et seq.
ORDER EXTENDING SERVICE OBLIGATION

On January 23, 1995, Great Lakes Aviation, Ltd., d/b/a United Express, filed a 90-day notice of intent to suspend its subsidized service at Fairmont, Mankato, and Worthington, Minnesota, and Brookings and Mitchell, South Dakota, as of April 24, 1995. By Order

95-3-62, March 31, 1995, the Department prohibited Great Lakes from suspending service at these five communities for a 30-day period beyond the end of its 90-day notice period, through May 24, 1995, and requested proposals from carriers interested in providing replacement service at the five communities. We subsequently extended Great Lakes' service obligation for another 30 days, through June 23, 1995, by Order 95-5-14, May 15, 1995.

We have received a proposal from Great Lakes for all five communities, and are now processing this proposal. However, since this case will not be completed before the end of the current 30-day hold-in period, June 23, and in order to ensure the continuation of essential air service by Great Lakes, in accordance with 49 U.S.C. 41734(c), we will extend Great Lakes' obligation to maintain essential air service at Fairmont, Mankato, and Worthington, Minnesota, and Brookings and Mitchell, South Dakota, for an additional 30-day period, through July 24, 1995, or until replacement service actually begins, whichever is first.1

This order is issued under authority delegated in 14 CFR Part 385.

ACCORDINGLY,

  1. The Department requires Great Lakes, Aviation, Ltd., d/b/a United Express, to maintain essential air service at Fairmont, Mankato, and Worthington, Minnesota, and Brookings and Mitchell, South Dakota, as set forth in Appendices F and G of Order 94-1-221, for an additional 30-day period through July 24, 1995, or until a carrier capable of providing reliable essential air service begins service, whichever occurs first2;

  2. The Department directs Great Lakes, Aviation, Ltd., d/b/a United Express, to retain all books, records, and other summary and source documentation, including flight logs and on-line and interline flight coupons, to support claims for compensation for service the carrier is required to provide, 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 until the Department indicates that the records may be destroyed or an audit has been completed. Copies of flight logs for aircraft sold or disposed of must be retained; and

  3. The Department will serve a copy of this order on the Mayors and airport managers of Fairmont, Mankato, and Worthington, Minnesota, and Brookings and Mitchell, South Dakota, the Departments of Transportation of Minnesota and South Dakota, and Great Lakes, Aviation, Ltd., d/b/a United Express.

Persons entitled to petition the Department of Transportation for review of this order under the Department's Regulations, 14 CFR 385.50, must file their petitions within 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 such effectiveness.

By:

				 	JOHN V. COLEMAN
					  Director
			 	       Office of Aviation Analysis

(SEAL)

  1. 49 U.S.C. 41734(c) was formerly section 419(b)(5) of the Federal Aviation Act of 1958. P.L. 103-272, July 5, 1994, codified the Federal Aviation Act within Subtitle VII of Title 49, United States Code (Transportation).

    We have allowed Great Lakes to slightly modify its service pattern pursuant to internal memorandum dated April 28, 1995.

  2. In accordance with 49 U.S.C. 41734(b), we will extend Great Lakes' service obligation for successive 30-day periods, as necessary, until replacement service actually begins.