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http://www.lancasterairport.com/ - Lancaster Airport

EAS Docket

Essential Air Service at Lancaster, Pennsylvania

Notice of Chautauqua Airlines, of its intent to terminate all of its scheduled services at Lancaster, Pennsylvania (LNS) on or about May 1, 2002.  

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060

Counsel:  Russell Krafft, Christina Hausner

Under Public Law 106-69, the Department of Transportation and Related Agencies Appropriations Act of 2000, the Department is precluded from compensating a carrier under the Essential Air Service program for serving any community within 70 driving miles of a medium or large hub airport. We tentatively find that Lancaster is within 70 driving miles from the Philadelphia International Airport, a large hub. Since we are prohibited from paying subsidy to Chautauqua for providing air service at Lancaster under the Essential Air Service program, we are thus also precluded from requiring the carrier to continue service at the community after the end of its 90­day notice period. Consistent with program practice, we will give the community 20 days after the service date of this order to file an objection if it believes that we have made a mistake in our distance calculations.

By:  Read Van de Water

It is imperative for the future of commercial air service at Lancaster that the Department use its discretion to apply the "most commonly used highway route". We urge the Secretary to apply this standard for all of the reasons set forth herein, including the fact that Lancaster has never received subsidy under the EAS program and it is only since September 11, 2001 that such assistance has been needed. In addition, implementation of the "most commonly used highway route" standard as anticipated by Public Law 106-181 will meet the policy considerations expressed in the Secretary's February 15, 2002 Order addressing emergency essential air service after September 11, 2001 and provide the assistance to ensure that Lancaster does not lose air service for the first time in over fifty years.

Counsel:  Russell Krafft, Christina Hausner, 717.293.9293, clh@rkglaw.com 

Regional Aviation Partners asks that the DOT reconsider the facts and examine its own rationale to correct this inequitable application of the rule before there is economic damage to this community. Summarily, we request the following:

• The DOT reverse the finding in its' Order to Show Cause denying EAS subsidies at Lancaster.

• Issue an Order Setting Subsidy Rates, after negotiation with Chautauqua Airlines.

• Alternatively, issue a Request for Proposals at the earliest possible date, to select an appropriate carrier to serve the community.

By:  Regional Aviation, Maurice Parker

We disagree with the Authority's assertions that the 70-mile standard does not apply to FY 2002, and to its assertion that it applies only in years when there is insufficient funding to maintain subsidy supported EAS. First, section 332 of Public Law 106-69 clearly extends the 70-mile standard to FY 2002 and to all subsequent fiscal years. The section states that "Hereafter, (emphasis supplied) notwithstanding 49 U.S.C. 41742, no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport." Second, the "insufficient funding" provision, cited by the Authority, is contained in 14 CFR 398.11. By implication, the Authority claims that in fiscal years where there is sufficient funding, section 398.11 does not prohibit funding to communities within the 70-mile limit.

Even if we were to accept that the most commonly traveled route exceeds 70 miles, that fact would not automatically result in our authorizing subsidy for air service at Lancaster. In determining whether to exercise our discretion, we examine what alternative air service is available to a community. In that regard, Lancaster is not isolated, and is well served through three, relatively close-by airports. Not only is the Philadelphia airport nearby, but one of the largest in the nation, Baltimore-Washington International Airport (BWI), is only 75 miles away. BWI is also one of the largest airports in the country, and the nation's largest low-fare carrier, Southwest Airlines, has a major base of operations there. Finally, the Harrisburg airport is only about 30 miles away from Lancaster. Harrisburg is a small hub that has service to a significant number of destinations, including nonstop service to Atlanta, Charlotte, Chicago, Boston, Philadelphia, Pittsburgh, Toronto, Detroit, New York and Washington.

We finalize our tentative findings and conclusions as set forth in Order 2002-3-7, March 8, 2002, and allow Chautauqua Airlines, Inc., d/b/a US Airways Express to suspend all service at Lancaster, Pennsylvania, on or after May 1, 2002.

By:  Read Van de Water

Congressman Pitts stressed several points related to the community's belief that it should be eligible for subsidized EAS. He mentioned the overall importance of scheduled air service to the Lancaster community, and his interest in assisting the community in its efforts to establish subsidy eligibility. He told of the strong, grass-roots efforts in Lancaster to promote air service in the community, and of his understanding that most Lancaster citizens who drive to Philadelphia International Airport, the closest hub airport, take the quickest route which is easily over 70 highway miles long, thus giving the Department the discretion to authorize subsidy. He encouraged the Department to use that discretion to subsidize a carrier to serve Lancaster.

By:  Dennis DeVany

Correspondence from Franklin & Marshall College, in support of continued air access to/from Lancaster County.  Franklin & Marshall College is located just 5 miles from Lancaster Airport and continued and increased air service greatly enhances our ability to attract quality students, faculty and staff. Our student base of 1,850 and employee base of approximately 500 travels frequently and since 9 / 11 / 01 getting in and out of the larger airport facilities has become increasingly difficult. Therefore, we are writing in support of continued air access to/from Lancaster County. As you know, the events of 9/11/01 have resulted in possible loss of air service, a community asset since 1949.

By: Thomas Kingston

Correspondence of Turkey Hill Dairy in support of continued air access in Lancaster County.

By: Quintin Frey

Correspondence of National Bearings Company in support of continued air access to and from Lancaster County, Pennsylvania.

By: Jessica May

Correspondence of Millersville University to Norman Y. Mineta, Secretary in support of air services to and from Lancaster County, Pennsylvania.

By: Gerald Eckert

Correspondence of Horst Group to Norman Y. Mineta, Secretary, in support of continued air access to and from Lancaster County, Pennsylvania.

By: Randall Horst

Correspondence of Hamilton Precison Metals to Norman Mineta, Secretary, in support of continued air access to and from Lancaster County, Pennsylvania.

By: Barry Brandt

Correspondence from Lancaster Airport Authority proposing a settlement to pay a maximum subsidy for calendar years 2003 and 2004 of $625,000.00 per year.

Counsel: Russell, Krafft, Christina L. Hausner, 717 293-9293

March 1, 2004

Request for Review of Lancaster Airport Authority for Purposes of Determining Eligibility of Essential Air Service Subsidies

This is the request of the Lancaster Airport Authority that the Secretary of the Department of Transportation review its action as set forth in Final Order 2002-4-24 docketed to OST-2002-11450 eliminating compensation for essential air service to Lancaster or terminating the compensation eligibility of Lancaster for essential air service. Lancaster Airport Authority requests that the Secretary consider the highway mileage between Lancaster, Pennsylvania and Philadelphia Airport to be the highway mileage of the most commonly used route between Lancaster and the Philadelphia Airport. The legislation directs the Secretary to identify the most commonly used route for community by consulting with the Governor of the State and considering the certification of the Governor of the State as to the most commonly used route.

Counsel: Russell Krafft, Christina Hausner, 717-293-9293, clh@rkglaw.com

February 27, 2004

Re: EAS at Lancaster Airport

The Vision 100, Century of Aviation Reauthorization Act, enacted December 12, 2003, allows Lancaster to request your Department's review of their eligibility status. Such a request was filed electronically by Lancaster on February 26, 2004. It includes the necessary documentation by the Governor of Pennsylvania certifying that the most-commonly used route between Lancaster and Philadelphia is 85.51 miles.

Air service to and from Lancaster is critical to the region, providing over 600 jobs and contributing more than $38 Million to the local economy. Further, airline tickets purchased from. Lancaster County contribute more than $20 Million dollar per year to the Aviation Trust Fund. We strongly urge you to find in favor of Lancaster Airport in this matter. It is important to note that granting this request will only find Lancaster eligible through 2007. The airport has assured us that they will continue to dedicate the resources necessary to make airline service successful in the future so that a subsidy will no longer be necessary.

By: Senator Arlen Spector and Congressman Joseph Pitts

Order 04-03-26
OST-02-11450 - EAS at Lancaster, PA

Issued March 24, 2004 | Served March 29, 2004

Order Reestablishing Eligibility and Requesting Proposals for Essential Air Service | Word

By this order, the Department is requesting proposals for essential air service, with or without subsidy support, at Lancaster, Pennsylvania. Proposals are to be filed no later than 30 days after the service date of this order. Upon consideration of the Request for Review submitted by the Authority, including the Certification of the Governor of Pennsylvania, we have determined that Lancaster is more than 70 miles from the Philadelphia International Airport, when measured by the most commonly used route between the two points. As a result, we will reinstate Lancaster’s eligibility to receive subsidized air service under the Essential Air Service program through September 30, 2007, in accordance with 49 U.S.C. 41731 et seq. and Section 409 of Vision 100.

By: Karan Bhatia

May 4, 2004

Re: Request for Time before Comments

We are writing concerning the bid received from Mesa Air Group under Docket No. 11450 to provide service to/from LNS. We respectfully request some time to consider the options before we comment on them.

By: Lancaster Airport Authority, Marvin Miller

April 18, 2004

Re: Ex Parte Correspondence to the Honorable Arlen Specter and Joseph Pitts

As we discussed in our telephone conversation several weeks ago, the Department has reinstated Lancaster in the EAS program and has requested proposals for replacement service. Enclosed is a copy of Order 2004-3-26, which discusses the Department's decision in detail.

By: Norman Mineta

April 29, 2004

Re: Proposal to Provide Essential Air Service (Mesa)

By: Kendrick Bates

May 10, 2004

Re: Lancaster Airport Authority Comment on Essential Air Service Proposal

Mesa Air Group submitted options for providing three to five round trip flights per day to/from PIT for the Lancaster community. The Lancaster Airport Authority and the Lancaster Air Service Task Force respectfully requests that the DOT choose "Option 1, five round trip, four non stops and one one‑stop, or "Option 5", four round trip non‑stop flights.

Unlike all other EAS cities, under current law, LNS will only be eligible for subsidy until September 30, 2007. Due to the fact that we only have a limited amount of time in the EAS program to return to profitable operations, we respectfully request that the DOT approve either Option One or Five providing at least four round trip non‑stop flights at LNS. This will give us a real opportunity to succeed and return to the status that we enjoyed for more than 53 consecutive years: successful, unsubsidized commercial airline service to/from LNS.

By: Marvin Miller

Order 04-05-20
OST-02-11450 - EAS at Lancaster, PA

Issued May 24, 2004 | Served May 27, 2004

Order Selecting Carrier and Establishing Subsidy Rate | Word

By this order, the Department is selecting Air Midwest to provide subsidized essential air service at Lancaster, Pennsylvania, for a two-year period beginning when the carrier implements its full service pattern. Service is to consist of three nonstop round trips to Pittsburgh each weekday and over each weekend period, with 19-seat Beech 1900D aircraft, at an annual subsidy of $1,611,707.

By: Karan Bhatia

June 24, 2004

Re: Ex Parte Correspondence to the Honorable Arlen Specter

By: Norman Mineta

June 24, 2004

Re: Ex Parte Letter to the Honorable Arlen Specter

By: Norman Mineta

Order 2006-6-12
OST-2002-11450

Issued and Served June 9, 2006

Order Requesting Proposals - Bookmarked | Word

By Order 2004-5-20, May 27, 2004, the Department selected Mesa Air Group, Inc., d/b/a Air Midwest, to provide essential air service with subsidy support at Lancaster, Pennsylvania, for a two-year period from when the carrier inaugurated service at annual subsidy rate of $1,611,707. Air Midwest started service at Lancaster on September 4, 2004, and thus its rate expires on September 30, 2006.  Under that order, Air Midwest provides three nonstop round trips to Pittsburgh on weekdays and weekends, with 19-seat Beech 1900D aircraft.

As the end of the current rate term approaches, we are here requesting proposals from carriers interested in providing service at Lancaster, with or without subsidy, for the one-year period from October 1, 2006, through September 30, 2007. Carriers should file their proposals within 30 days of the date of service of this order.

With specific respect to Lancaster, we expect proposals consisting of service with two-pilot, twin-engine aircraft with at least 15 passenger seats, and offering three round trips each weekday and weekend period from Lancaster to Pittsburgh, Cleveland, Detroit, Washington Dulles, or other suitable hub offering convenient access to the nation’s air transportation system.  In order to give the Department and the communities as broad an array of proposals as possible from which to choose, carriers are also welcome to prepare more than one service option; they need not limit themselves to these requirements if they envision other, potentially more attractive service possibilities, different hubs, for example, with subsidy requirements that remain competitive.

By: Todd Homan

July 10, 2006

Proposals of Air Midwest

Mesa's proposed options would continue its current service to Pittsburgh.

All operations proposed would utilize our modern fleet of Raytheon/Beechcraft B-1900D airliners. These aircraft offer a very comfortable 19-seat, pressurized cabin with two turboprop engines.

We intend to operate this service under our codeshare agreement with US Airways, allowing for consistent connections in Pittsburgh.

Option #	Hub	Service	Annual Subsidy
1	PIT	3 RT: LNS to PIT	$1,377,257
2	PIT	2 RT: LNS to PIT	$1,033,447

By: Mesa, Mickey Bowman

July 10, 2006

Proposals of RegionsAir

Option 1 - Continental Connection using Saab 340A:
EWR-LNS - 24 weekly, CLE-LNS - 12 weekly

Routing	Flight #	Departs	Arrives	Frequency
LNS-EWR	9890	7:00	8:00	X7
EWR-LNS	9891	8:30	9:30	X7
LNS-CLE	9892	12:00	1:25	X6
CLE-LNS	9893	2:00	3:25	X6
LNS-EWR	9894	6:00	7:00	X6
EWR-LNS	9895	7:30	8:30	X6

Option 2 - Continental Connection using Saab 340A:
CLE-LNS - 24 weekly, EWR-LNS - 12 weekly

Routing	Flight #	Departs	Arrives	Frequency
LNS-CLE	9890	7:00	8:25	X7
CLE-LNS	9891	9:00	10:25	X7
LNS-EWR	9892	12:00	1:00	X6
EWR-LNS	9893	1:30	2:30	X6
LNS-CLE	9894	6:00	7:25	X6
CLE-LNS	9895	8:00	9:25	X6

Option 3 - Continental Connection using Saab 340A:
CLE-LNS - 24 weekly

Routing	Flight #	Departs	Arrives	Frequency
LNS-CLE	9890	7:00	8:25	X7
CLE-LNS	9891	9:00	10:25	X7
LNS-CLE	9894	6:00	7:25	X6
CLE-LNS	9895	8:00	9:25	X6

Option 4 - Continental Connection using Saab 340A:
CLE-LNS - 36 weekly

Routing	Flight #	Departs	Arrives	Frequency
LNS-CLE	9890	7:00	8:25	X7
CLE-LNS	9891	9:00	10:25	X7
LNS-CLE	9892	12:00	1:25	X6
CLE-LNS	9893	2:00	3:25	X6
LNS-CLE	9894	6:00	7:25	X6
CLE-LNS	9895	8:00	9:25	X6

By: RegionsAir

July 11, 2006

Re: Letter to Mayor of the City of Lancaster
Re: Letter to Lancaster Airport Authority

We received a total of six proposals from two carriers. Mesa Air Group, Inc. d/b/a Air Midwest submitted a proposal with two options and RegionsAir submitted a proposal with four different options.

Air Midwest has proposed two options. Both would operate as US Airways Express using 19-passenger Beechcraft 1900D aircraft. The first option is three nonstop round trips to Pittsburgh on weekdays and weekends, for an annual subsidy of $1,377,257. The second option is two nonstop round trips to Pittsburgh on weekdays and weekends, for $1,033,447 annually.

Each of RegionsAir's proposals offers service to Cleveland, Ohio; Newark, New Jersey; or a combination of both, using 30‑passenger Saab 340A aircraft. RegionsAir states that each proposal is subject to the approval of Continental Airlines for use of its code.

• Option 1: 12 round trips per week (2 round trips Monday through Friday and one round trip each on Saturday and Sunday) to Newark, and 6 nonstop round trips per week (one round trip Monday through Friday and one round trip on Sunday) to Cleveland, for an annual subsidy of $1,978,311.
• Option 2: 12 nonstop round trips per week (two round trips Monday through Friday and one round trip each on Saturday and Sunday) to Cleveland, and 6 nonstop round trips per week (one round trip Monday through Friday and one round trip on Sunday) to Newark, for an annual subsidy of $2,165,681.
• Option 3: 12 nonstop weekly round trips to Cleveland (two round trips Monday through Friday and one round trip each on Saturday and Sunday) for $1,438,393 annually.
• Option 4: 18 nonstop weekly round trips to Cleveland (three round trips Monday through Friday, one round trip on Saturday and two round trips on Sunday) for $2,352,784 annually.

We request that you review each proposal and service option and submit any comments you may have before we submit a recommendation to the Assistant Secretary

By: Dennis DeVany, Office of Aviation Analysis

July 17, 2006

Re: Travel Time Travel Agency in Support of Regions Air (Form Letter)

We are writing in support of continued airline service for the Lancaster Community.

I am writing in support of Regions Air (Option One) to d/b/a Continental Connection. This service would enable our company to utilize the airport for most if not all of our airline needs. Whereas, the current service simply does not connect us to enough destinations or daily flights in order to be very useful. We believe that the Continental Connection option has the potential to grow into a successful, non-subsidized market. We do not believe that the current service has that potential, it is simply too limited in scope.

By: Travel Time

July 20, 2006

Lancaster Air Service Task Force in Support of RegionsAir

The Task Force strongly believes that RegionsAir due to the type of aircraft used, cities served, and access to connecting flights, would be the better choice for LNS.

Further, the Task Force believes that RegionsAir would provide LNS with the greatest potential to evolve into a successful, long-term, non-subsidized, and self-sustaining market.

By: Congressman Joseph Pitts

July 25, 2006

Pennsylvania Dutch Convention & Visitors Bureau in Support of RegionsAir

It has come to our attention that you are in receipt of two proposals for airline service to/from LNS. The US Airways Express proposal would keep the current service of three round trip flights per day in a 19-pax aircraft to PIT. This service only connects the Lancaster community with 55 cities and 170 daily flights out of PIT.

The second proposal is for Regions Air (Option One) to provide nonstop service as Continental Connection This service would connect Lancaster residents with more than 150 cities and almost 400 daily flights. In addition, the service will be provided in a larger, more comfortable aircraft. The SAAB 340 offers cabin class service with a lavatory and flight attendant. It also offers 11 more seats per departure.

I am writing in support of Regions Air (Option One) to d/b/a Continental Connection.

By: Wendy Nagle

July 27, 2006

Pennsylvania DOT in Support of RegionsAir

We are writing in support of the Lancaster County Airport in Lancaster, Pennsylvania and their preferred proposal for service under the Essential Air Service program.

We support the airport’s preferred proposal of Regions Air (Option One) to d/b/a Continental Connection - providing the community with enhanced service and the potential for the area to grow into a successful, non-subsidized market.

By: PA DOT, Sharon Daboin

August 2, 2006

Support of Senators Specter and Santorum of RegionsAir Option 1

We write today in support of the Lancaster Airport Authority's recent endorsement of Regions Air's "Option 1" Essential Air Service proposal to provide air service from Lancaster, PA to both Newark, NJ and Cleveland, OH.

We are advised that Regions Air's proposal will offer 12 round trip flights per week to Newark, NJ and 6 non-stop round trip flights per week to Cleveland, OH. This service would connect Lancaster residents with more than 150 cities and almost 400 daily flights, as opposed to the 55 cities and 170 daily flights offered under both the current contract and the competing proposal. Additionally, we are informed that the Regions Air proposal will utilize a larger aircraft that can seat 11 additional passengers.

Accordingly, we join with the community in supporting the Regions Air option as it appears to best meet the needs of the community as well as provide greater opportunities for reducing Lancaster's need for EAS subsidies in the future. We strongly encourage you to select this option.

By: Arlen Specter and Rick Santorum

August 3, 2006

Lancaster Airport Authority in Support of RegionsAir

Since the connection opportunities of their current and proposed service is so limited and the fact that they intend to vacate the market unless a subsidy is provided, the Lancaster Air Service Task Force and the Lancaster Airport Authority strongly support Regions Air Option One which provides for two round trip weekday flights as Continental Connection to EWR and one weekday r/t fight per day to Cleveland.

We do recognize the fact that Regions Air Option One is contingent on Continental Airlines approval. Further, we understand that obtaining this approval may take some time. We hereby respecifidly request that the DOT award Regions Air's Option One request. We further respectfully request that Regions Air be given additional time for them to achieve Continental Airlines' approval.

By: Marvin Miller

August 9, 2006

Email Message - RegionsAir Withdrawing Options 1 and 2

As you know, in response to an RFP, RegionsAir recently submitted four proposals to provide essential air service at Lancaster, PA. Two of those proposals (Options 1 and 2) proposed service to Newark, NJ. We must now withdraw those two proposals. The remaining two proposals (Options 3 and 4) proposing service solely to Cleveland are unaffected.

By: Fred Breeden

August 15, 2006

Lancaster Airport Authority in Support of RegionsAir | Word

We would like to commend Air Midwest on a near flawless completion factor and the fact that they have offered very good rates to/from PIT.  Their local staff are very knowledgeable and a pleasure to work with on a daily basis.

However, since the connection opportunities of their current and proposed service is so limited and continues to decline, the Lancaster Air Service Task Force and the Lancaster Airport Authority strongly support as our first choice Regions Air Option Four which provides for three round trip weekday flights as Continental Connection to CLE.  We do realize that this option is much more expensive than any of the other options left on the table and that the DOT may not be able to accommodate.  In that case, we respectfully request that the DOT award Regions Air Option 3 with some slight modifications.

We propose adding one round trip per day on Mondays and Fridays or two additional round trip flights per week to this proposal.  This move will greatly enhance our ability to attract and retain business travelers.  The total cost of adding these two flights would increase the bid price from $1,438,393.00 to $1,684,232.00  The latter is virtually the same as the DOT is paying now.  We believe that the chance of our success will be greatly increased by the addition of two round trip flights per week.

By: Marvin Miller

August 16, 2006

Email Message - RegionsAir Withdrawal of Proposals

RegionsAir is withdrawing all proposals for service to Lancaster submitted in response to the Department’s Requests for Proposals. This includes our proposals for Cleveland service.

By: Doug Caldwell, dcaldwell@regionsair.com

August 17, 2006

Email Message - Lancaster Airport in Support of Air Midwest Option 1

In regard to Regions Air withdrawal, the community hereby requests that Air Midwest's-Option Number One including three round trips per day be awarded.

By: Joyce Opp, 717-538-6604, jopp@lancasterairport.com

Order 2006-8-22
OST-2002-11450

Issued August 22, 2006 | Served August 25, 2006

Order Selecting Carrier

By this order, we are selecting Mesa Air Group, Inc. d/b/a Air Midwest to provide subsidized essential air service at Lancaster, Pennsylvania, with 19-passenger Beech 1900 aircraft, for one year, beginning October 1, 2006, through September 30, 2007. Air Midwest will provide three nonstop round trips to Pittsburgh each weekday and weekend (18 total round trips per week) at an annual subsidy rate of $1,377,257.

By: Michael Reynolds

May 2, 2007

Re: Notice of Air Midwest to Terminate Scheduled Service at Lancaster, PA

respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. 323.3 and 14 C.F.R. 323.4, of its intent to discontinue scheduled subsidized Essential Air Service between Lancaster, Pennsylvania and Pittsburgh, Pennsylvania effective August 1, 2007.

Air Midwest has decided to re-concentrate its assets and expertise to other hubs of operations in order to improve its level of service to its other EAS communities. At present, Air Midwest is the sole provider of certificated scheduled air service at Lancaster, Pennsylvania.

By: Air Midwest, Tom Bacon

Order 2007-5-14
OST-2004-17617 - DuBois
OST-1997-2523 - Oil City/Franklin
OST-2002-11450 - Lancaster
OST-2006-25228 - Hagerstown
OST-2003-15553 - Greenbrier/White Sulphur Springs/Lewisburg
OST-2002-11348 - Athens

Issued May 21, 2007 | Served May 24, 2007

Order Prohibiting Termination of Service and Requesting Proposals - Bookmarked

By this order, the Department is (a) prohibiting Air Midwest from terminating its subsidized service at DuBois, Franklin/Oil City, and Lancaster, Pennsylvania, Hagerstown, Maryland, Greenbrier/White Sulphur Springs/Lewisburg, West Virginia, and Athens, Georgia, at the end of its 90-day notice period, and (b) requesting long-term proposals from carriers interested in providing essential air service at all the communities, except Hagerstown and Lancaster, with or without subsidy.

Because Air Midwest’s termination of service at DuBois, Franklin/Oil City, Lancaster, Hagerstown, Greenbrier/White Sulphur Springs/Lewisburg, and Athens would leave the communities without any scheduled air service, we must prohibit the carrier from terminating such service at the end of its 90-day notice period, and require it to maintain service at the communities, for an initial 30-day period, consisting of the service patterns outlined above. Furthermore, we will require Air Midwest to continue to maintain service at DuBois, Franklin/Oil City, Greenbrier/White Sulphur Springs/Lewisburg, and Athens for successive 30-day periods until we have completed processing the carrier replacement case and the new carrier(s) has actually started service. At Hagerstown and Lancaster, we will require Air Midwest to continue to serve through September 30, 2007, at which time it may suspend service.

With specific respect to DuBois, Franklin/Oil City, Greenbrier/White Sulphur Springs/Lewisburg and for Athens, we expect proposals consisting of service with 15-seat or larger aircraft offering three (DuBois) or two (Franklin/Oil City, Greenbrier/White Sulphur Springs/Lewisburg, and Athens) nonstop round trips each weekday (12 to 19 weekly round trips) to Pittsburgh, Cleveland, Cincinnati, Charlotte, Detroit, Washington, D.C., or another suitable hub with airline connections to the national air transportation system. Such service is generally consistent with what the communities currently receive.

For Franklin/Oil City, based on the latest traffic data that are available, there were 3,833 enplanements and deplanements for the 12 months ended December 31, 2006. The Department is prohibited from paying subsidy for essential air service at any community in the 48 contiguous states where such subsidy amounts to more than $200 per passenger, unless that community is located more than 210 miles from the nearest large- or medium-hub airport. Franklin/Oil City is located less than 210 miles from several large- and medium-hub airports (Pittsburgh, 97 miles; Cleveland, 133 miles; and Buffalo, 150 miles), so the $200 cap applies. Therefore, subsidy levels cannot exceed $766,600 per year.

For Lancaster and Hagerstown, we are not requesting proposals for service after September 30, 2007, because the two communities will be no longer eligible for subsidized service under the EAS program, as explained above. However, even though it may be very unlikely that a carrier would be willing to serve these communities for a very short period, if there is a carrier that is interested in serving the communities through September 30, 2007, the Department would consider the proposal.

By: Andrew Steinberg

Order 2007-7-21
OST-2004-17617 - DuBois, PA
OST-1997-2523 - Franklin/Oil City, PA
OST-2002-11450 - Lancaster, PA
OST-2006-25228 - Hagerstown, MD
OST-2003-15553 - Greenbrier/White Sulphur Springs/Lewisburg, WV
OST-2002-11348 - Athens, GA

Issued July 26, 2007 | Served July 31, 2007

Order Selecting Carrier

By this order, the Department is selecting Gulfstream International Airlines, Inc. to provide subsidized essential air service at DuBois and Franklin/Oil City, Pennsylvania, Greenbrier/White Sulphur Springs/Lewisburg, West Virginia, and Athens, Georgia, at a total annual subsidy rate of $4,077,792 ($1,159,229 for DuBois, $763,741 for Franklin/Oil City, $1,329,477 for Greenbrier/White Sulphur Springs/Lewisburg, and $825,345 for Athens) for the two-year period beginning when Gulfstream inaugurates service through the end of the 24th month thereafter.

By: Michael Reynolds

July 17, 2007

Lancaster County in Support of Keeping EAS Eligibility

Currently, the carrier serving LNS has filed an intent to vacate the market, and on May 14, 2007, the DOT issued a new RFP under Docket No. OST-2002-11450 for a replacement.

However, this order states that the new carrier would only receive funding for two months. It is highly unlikely that anyone will bid for just two months of service. Therefore, we respectfully requestyour consideration of keeping LNS eligible for EAS until the reauthorization process is complete. Thank you for your consideration of this very important matter.

By: County Commissioners Chairman, Dick Shellenberger

Order 2007-8-29
OST-2004-17617 - DuBois
OST-1997-2523 - Oil City/Franklin
OST-2002-11450 - Lancaster
OST-2003-15553 - Greenbrier/White Sulphur Springs/Lewisburg
OST-2006-25228 - Hagerstown
OST-2002-11348 - Athens

Issued August 28, 2007 | Served August 31, 2007

Order Extending Service Obligation

By this order, the Department of Transportation extends the service obligation of Air Midwest, Inc., at the six above-captioned communities, for an additional 30 days, through October 1, 2007 as described in Order 2007-5-14, or until suitable replacement service actually begins, whichever occurs first.

Since September 30th is a Sunday, this hold-in period will end on Monday, October 1st. In the case of Lancaster and Hagerstown, we will only require the carrier to provide EAS until September 30, the date which subsidy eligibility for both communities expires.

By: Todd Homan

OST-2002-11450 - Lancaster
OST-2006-25228 - Hagerstown
OST-1997-2785 - Brookings

October 1, 2007

Comments of Regional Aviation Partners

As you are aware, Vision 100 expired on September 30, 2007 and along with it the DOT’s order establishing the eligibility of these three communities. However, during debate on H.J. Res. 52, Senators John Rockefeller (D-WV), Chairman of the Senate Aviation Subcommittee, and Patty Murray (D-WA), Chairwoman of the Senate Transportation Appropriations Subcommittee, stated their intent that funds appropriated under H.J. Res. 52 to the EAS program be used to continue subsidized air service to Hagerstown, Lancaster, and Brookings.

RAP requests that the DOT abide by Congress’ clear intent in this matter and continue to subsidize scheduled air service to these communities. Should the air carriers currently providing air service to these places discontinue air service during the interim, we would ask that the DOT issue an emergency order requesting proposals to provide air service.

By: RAP, Maurice Parker, 602-685-4112, Exdir@regionalaviationpartners.org

OST-2002-11450 - Lancaster
OST-2006-25228 - Hagerstown
OST-1997-2785 - Brookings

October 3, 2007

Comments of Regional Aviation Partners

Senate Colloquy Excerpt - State-Determined Mileage Waiver

Our members in Brookings, SD have informed us that the DOT does not intend to abide by the colloquy language for H.J. Res. 52 which: 1) expressed the strong intent of Congress that funds appropriated for the EAS program under the CR be used to continue subsidized air service to Brookings, SD; Hagerstown, MD; and Lancaster, PA, and 2) requested the DOT avoid making any major policy changes impacting the program during the period covered by the CR. Furthermore, as a result, we understand that the DOT has, as of October 1, 2007 declared Brookings, Hagerstown, and Lancaster ineligible for subsidy based on their proximity to the nearest large/medium hub airport.

RAP is disappointed with the DOT's position in this matter and its reluctance to follow what is the clear intent of Congress to continue subsidized air service to these communities during this interim period. We would ask that the DOT re-evaluate its position given language addressing the eligibility of these 3 communities has been included in the Senate version of the 2007 FAA Reauthorization Act and it is only a matter of time until this bill is enacted.

The disruption of service caused by your actions is clearly not in the best interest of the communities where you have a duty to follow both the letter and spirit of the law. As an organization, we fully expect our public servants to abide by the intent of legislators and policymakers.

By: RAP, Maurice Parker, 602-685-4112, Exdir@regionalaviationpartners.org

Order 2008-2-37
OST-1997-2785 - Brookings
OST-2006-25228 - Hagerstown
OST-2002-11450 - Lancaster

Issued February 29, 2008 | Served March 5, 2008

Order Requesting Proposals | Word

By this order, the Department is requesting proposals from carriers interested in providing essential air service at Brookings, Hagerstown and Lancaster through September 30, 2008, with or without subsidy. Proposals are due March 21.

None of the three communities currently receive scheduled air service. All three communities had lost subsidy eligibility because they did not meet statutory eligibility criteria -- Hagerstown and Lancaster because they are within 70 driving miles of a large hub (Philadelphia International Airport), and Brookings because its subsidy per passenger exceeded $200 and the community is within 210 miles of a large hub airport (Minneapolis International Airport).

At the time that the communities lost subsidy eligibility, September 2007, Air Midwest was serving Hagerstown and Lancaster, while Great Lakes Aviation was serving Brookings, service in each case being provided with 19-seat Beech 1900 aircraft. Air Midwest provided Lancaster with three nonstop round trips to Pittsburgh each weekday and weekend (18 a week) at an annual subsidy rate of $1,377,257 and Hagerstown with two round trips each weekday and weekend (12 a week) to Pittsburgh at an annual subsidy rate of $854,452.2 At Brookings, Great Lakes provided two one-stop round trips to Denver each weekday and weekend (12 a week) at an annual subsidy of $1,212,400.

Before preparing their proposals, interested carriers should take into consideration that, under current law, all three communities’ subsidy eligibility terminates effective September 30, 2008. Therefore, carriers should prepare proposals with the expectation that subsidy will be terminated effective October 1, 2008.

By: Todd Homan

Order 2008-4-16
OST-2002-11450 - Lancaster
OST-2006-25228 - Hagerstown
OST-1997-2785 - Brookings

Issued April 8, 2008 | Served April 11, 2008

Order Requesting Proposals | Word

By this order, the Department is requesting proposals from carriers interested in providing essential air service at Brookings, Hagerstown and Lancaster through September 30, 2008, with or without subsidy. Proposals are due April 25.

Proposals should generally provide service levels comparable to those in effect at the time that the communities lost subsidy eligibility, as described below. Service should be with two-pilot, twin-engine aircraft with at least 15 passenger seats, unless the communities agree to smaller aircraft.

On February 28, 2008, the President signed into law the Airport and Airway Extension Act of 2008 (P.L. 110-190). Among other things, that Act reinstated the “most commonly used route” standard in measuring distance from EAS communities to hub airports. The practical effect of the legislation is once again to make Brookings, Hagerstown and Lancaster eligible for subsidized EAS, this time through September 30, 2008.

By Order 2008-3-27, February 29, 2008, we requested proposals from carriers interested in providing EAS to these communities. We did not receive any responses to that request. As a result, we are here again soliciting proposals from carriers interested in providing these communities’ EAS.

At the time that the communities lost subsidy eligibility, September 2007, Air Midwest was serving Hagerstown and Lancaster, while Great Lakes Aviation was serving Brookings, service in each case being provided with 19-seat Beech 1900 aircraft. Air Midwest provided Lancaster with three nonstop round trips to Pittsburgh each weekday and weekend (18 a week) at an annual subsidy rate of $1,377,257 and Hagerstown with two round trips each weekday and weekend (12 a week) to Pittsburgh at an annual subsidy rate of $854,452.2 At Brookings, Great Lakes provided two one-stop round trips to Denver each weekday and weekend (12 a week) at an annual subsidy of $1,212,400.

By: Todd Homan

OST-2002-11450 - Lancaster
OST-2006-25228 - Hagerstown
OST-1997-2785 - Brookings

May 16, 2008

Re: Letter from Michael Reynolds to Senator Arlen Specter

Thank you for your letter of April 1, cosigned by Senator Robert P. Casey, Jr., regarding the essential air service eligibility of Lancaster, Pennsylvania, as well as Hagerstown, Maryland, and Brookings, South Dakota. You requested that we resolicit proposals and extend the communities' eligibility through September 30, 2011.

The Department understands your concern that, due to the short timeframe, carrier interest in the proposal may be limited. However, the Airport and Airway Extension Act of 2008 extended the eligibility of these communities only through September 30, 2008, and there is no assurance that the eligibility will be further extended. Also, while §205 of the Public Law 106-181 grants the Department the authority to provide subsidized EAS to communities within 70 highway miles of a large or medium hub airport if the most commonly used highway route between the place and the hub airport exceeds 70 miles, this authority is discretionary and one that, to date, has not been exercised. Moreover, exercising that authority in this situation would be wholly inconsistent with the Administration's fiscal year 2009 budget proposal to reform EAS, as we seek to focus the program's limited resources on the needs of communities that are truly isolated from the Nation's air transportation system.

As you are aware, Lancaster is within 70 highway miles of the Philadelphia International Airport, and the extensive air service options that it affords. Moreover, the community is less than 32 miles from Harrisburg International Airport, which is served by seven major carriers that provide nonstop service to 12 domestic destinations and one‑stop service to cities around the world. While we are sensitive to the air transportation needs of Lancaster, it is difficult to consider the community as "isolated," especially relative to the vast majority of other communities served by LAS. In addition, such service comes at a price to the taxpayer, to which we must also be sensitive: in 2007, when Lancaster last received subsidized air service, the Department paid an annual rate of $ 1,377,257. The Administration has sought to direct available resources toward communities that are isolated and have few travel options, whereas Lancaster is one of the least isolated communities in the program.

By: Michael Reynolds

May 20, 2008

Re: Letter from Michael Reynolds to Senator Arlen Specter

Thank you for your letter to Simon Gros of May 5, regarding the recent essential service (EAS) selection case at DuBois and Franklin/Oil City. As the EAS program falls under my purview, he asked that I respond to you. You asked that the Department select the service option supported by both communities.

By: Michael Reynolds

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