OST-02-1-11448 - EAS at Hagerstown, MD

OST-02-11448

Chautauqua Airlines, Inc.

OST-02-11448	January 31, 2002	Notice of Intent to Terminate Service	Notice of Intent to Terminate Service Hagerstown, MD
		Service List

Notice of Chautauqua Airlines, of its intent to terminate all of its scheduled services at Hagerstown, Maryland (HGR) on or about May 1, 2002.

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060

Chautauqua Airlines, Inc.

OST-02-11448	February 20, 2002	Objection of Hagerstown Regional Airport to Notice of Intent to Terminate Service	Notice of Intent to Terminate Service Hagerstown, MD
		Service List

Hagerstown Regional Airport's Essential Air Service determination was established by Order 83-6-70, which defines essential air service as two daily non-stop round trips each day from Hagerstown to Baltimore or Washington with sufficient capacity to accommodate 31 enplanements each day. Other than Chautauqua's service, Hagerstown is served by a shuttle service. Beginning December 28, 2001, Boston Maine Airways began flying from Cumberland, Maryland, landing in Hagerstown and continuing onto Baltimore-Washington International Airport. Passengers enplaning in Cumberland share the aircraft - a 19-seat Jetstream 3100. Given that "The number of seats guaranteed at the eligible place will be sufficient of accommodating the estimated passenger traffic at an average load factor of 60 percent," the new shuttle will be insufficient to meet the criteria as set by the order of Essential Air Service, especially when the seats taken by Cumberland passengers are factored into the equation. If Hagerstown were allowed all the seats, the calculation comes to 54 enplanements, however, given the impact of sharing the aircraft, 27 seats is more accurate.

Counsel: Hagerstown Airport, Carolyn Motz, 240.313.2777, cmotz@washco-mf.net

Chautauqua Airlines, Inc.

Order 02-03-22 OST-02-11448	Issued March 22, 2002 Served March 27, 2002	Order To Show Cause	Notice of Intent to Terminate Service Hagerstown, MD
		Attachment: Map

We tentatively find that Hagerstown, MD/Martinsburg, WV is less than 70 driving miles from Washington Dulles International Airport and, thus, is ineligible to receive subsidized air service under the Essential Air Service program. We will take no action to prohibit Chautauqua Airlines, Inc., d/b/a US Airways Express, from suspending its scheduled service at Hagerstown/ Martinsburg, on May 1, 2002

By: Read Van de Water

OST-04-17010 - Shuttle Express Ninety-Day Notice to Terminate Service at Hagerstown, MD
OST-02-11448 - Chautauqua Ninety Day Notice to Terminate Service at Hagerstown, MD/Martinsburg, WV

March 25, 2004

Motion for Leave to File and Petition of Regional Aviation Partners for Reconsideration of Order 2004-3-19

Regional Aviation Partners respectfully petitions the Department to reconsider and vacate Order 2004-3-19 and defer action on the notice of Shuttle America to terminate service at Hagerstown, Maryland until the Department determines whether Hagerstown intends to pursue the review guaranteed by section 409 of the recent Vision 100 legislation' and, if Hagerstown does request such review, until that review is complete. Congress was concerned enough about DOT mileage calculations in EAS matters that it passed section 409 to rectify inequitable applications of discretionary review by the DOT. It is the Department's obligation, notwithstanding the Administration's policy views on EAS subsidies, to implement section 409 fairly.

By: RAP, Maurice Parker, 602-685-4454

OST-02-11448 - Chautauqua - Notice of Intent to Terminate Service Hagerstown, MD
OST-04-17010 - Shuttle America - Notice of Intent to Terminate Service Hagerstown, MD

April 5, 2004

Re: Answer of Shuttle America to Petition for Reconsideration of Regional Aviation Partners

Pursuant to 14 C.F.R. 302.14, Shuttle American Corporation hereby answers in opposition to the Petition for Reconsideration submitted by the Regional Aviation Partners contesting (i) the Department's approval of Shuttle America's notice of intent to terminate service at Hagerstown (Order 2004-3-19), and (ii) the Department's prior determination that Hagerstown did not qualify for EAS subsidy because it was located less than 70 highway miles from Dulles International Airport (Order 2002-3-22). There is no merit to RAP's Petition, which should be dismissed.

First, as a preliminary matter, Shuttle America notes that US Airways has announced that Allegheny Airlines will begin service between HGR and Pittsburgh on May 2, 2004. Allegheny will provide three flights a day with 37 seat deHavilland Dash 8 aircraft, thereby maintaining uninterrupted service to the community. Thus, the circumstances giving rise to this case have largely been overtaken by events.

Second, the Department's determination in Order 2004-3-19 allowing Shuttle America to terminate service, as well as the Department's prior determination in Order 2002-3-22 that Hagerstown was less than 70 miles from Dulles Airport, were entirely correct and fully consistent with existing law, including the recently enacted provisions of Vision 100. Try as it might, RAP's Petition cannot change the fact that Hagerstown is located less than 70 miles from Dulles Airport - and that the law precludes payment of EAS subsidy in such circumstances.

Exhibit (US Airways Express to Replace Current Commuter Air Carrier at Hagerstown, March 5, 2004, Associated Press)

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060