Order 95-8-1

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation
on the 1st day of August 1995

SERVED AUG 7, 1995 

Essential Air Service at		|
					|
	TOPEKA, KANSAS			|	Docket 49505
					|
under 49 U.S.C. 41731 et seq.	|
ORDER EXTENDING SERVICE OBLIGATION

On April 18, 1995, Air Midwest, Inc., d/b/a USAir Express, filed a 90-day notice of intent to suspend its subsidized essential air service at Topeka, Kansas, as of July 17, 1995. By Order 95-7-4, July 7, 1995, the Department prohibited Air Midwest from suspending service at Topeka, Kansas, for a 30-day period, through August 16, 1995, and requested proposals from carriers interested in providing replacement service at Topeka.

Because we have not yet received any proposals, this case will clearly not be completed before the end of the current 30-day hold-in period, August 16. In order to ensure the continuation of essential air service by Air Midwest, in accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation at Topeka for an additional 30-day period, through September 15, 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 Air Midwest, Inc., d/b/a USAir Express, to maintain essential air service at Topeka, Kansas, as set forth in Appendix C of Order 94-10-44, for an additional 30-day period through September 15, 1995, or until a carrier capable of providing reliable essential air service begins service, whichever occurs first;2

2. The Department directs Air Midwest, Inc., d/b/a USAir Express, to retain all books, records, and other source and summary 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 for seven years, or 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. The carrier may forfeit its compensation for any claim that is not supported under the terms of this order; and

3. The Department will serve a copy of this order on the Mayor and airport manager of Topeka, Kansas, the Governor of Kansas, the Kansas Department of Transportation, and Air Midwest, Inc., d/b/a USAir Express.

Persons entitled to petition the Department of Transportation for review of this order under the Department's Regulations, 14 CFR 385.5, 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)
Endnotes
[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).

[2] In accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation for successive 30-day periods, as necessary, until replacement service actually begins.