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Peninsula Airways, Inc. d/b/a Penair


OST-00-6945 February 15, 2000 90-Day Notice of Intent to Terminate Essential Air Service

Scanned Copy

Terminate EAS at Eleven Kodiak Island Bush Communities
    Service List  
Order 00-2-30
OST-00-6945
Issued February 25, 2000
Served March 1, 2000
Order Prohibiting Suspension of Service and Requesting Proposals  Terminate EAS at Eleven Kodiak Island Bush Communities
    Exhibit A:  Map  
    Exhibit B:  Historical Traffic  
    Exhibit C:  EAS  
    Service List  
OST-00-7068 March 10, 2000 90-Day Notice of Pennair, of Intent to Terminate EAS

Scanned Copy

EAS at Akutan- Dutch Harbor, Alaska
    Service List  
OST-00-3-4
OST-00-6945
Issued March 13, 2000
Served March 15, 2000
Order Setting Final Rate Until Further Department Action  Terminate EAS at Eleven
Kodiak Island Bush
Communities
    Exhibit A:  Map  
    Exhibit B:  Annual Subsidies  
    Exhibit C:  EAS to be Provided  
OST-00-6945 April 19, 2000 Additional Information of Andrew Airways for EAS Contract Terminate EAS at Eleven Kodiak Island, Bush Communities
OST-00-6945 April 26, 2000 Proposal for Essential Air Service of Island Air Terminate EAS at Eleven Kodiak Island, Bush Communities
OST-00-6945 May 2, 2000
Docketed May 22, 2000
U.S. DOT/OST - Correspondence Terminate EAS at Eleven Kodiak Island, Bush Communities
    Appendix:  Annual Subsidy  
OST-00-6945 May 31, 2000 Letter of Munsey's Brown Bear Camp - Support for Andrews Terminate EAS at Eleven Kodiak Island, Bush Communities
Order 00-6-1
OST-00-7068
Issued June 1, 2000
Served June 5, 2000
Order Prohibiting Suspension of Service and Requesting Proposals EAS at Akutan- Dutch Harbor, Alaska
    Appendix:  Map, Historical Traffic  
    Service List  
OST-00-7068 June 5, 2000 Proposal to Provide Essential Air Service EAS at Akutan- Dutch Harbor, Alaska
Order 00-6-10
OST-00-6945
Issued June 12, 2000
Served June 15, 2000
Order Selecting Carrier and Amending Essential Air Service Definitions 90-Day Notice of Intent to Terminate Essential Air Service at Eleven Kodiak Island Bush Communities in Alaska
Order 00-7-21
OST-00-7068
Issued July 17, 2000
Served July 20, 2000
Order Extending Service Obligation EAS at Akutan- Dutch Harbor, Alaska
OST-00-7068 Filed July 19, 2000
Available July 27, 2000
Comments of The State of Alaska 90-Day Notice of Intent to Terminate EAS (Akutan-Dutch Harbor, Alaska)
Order 00-8-3
OST-00-7068
Issued August 2, 20000
Served August 7, 2000
Order Extending Service Obligation EAS at Akutan- Dutch Harbor, Alaska
Order 00-8-4
OST-00-7068
Issued August 2, 20000
Served August 7, 2000
Order Selecting Carrier EAS at Akutan- Dutch Harbor, Alaska
    Appendix:  Map; Annual Subsidy  
OST-00-8556 March 12, 2001 Letter of Peninsula Airways Service Confirming Oral Grant Essential Air Service at Adak, Alaska
       


OST-96-1960 - Family Assistance Plan

July 14, 2004

Re: Family Assistance Plan

By: Aaron Merritt



OST-1996-1960 - Family Assistance Plans

October 26, 2011

Family Assistance Plan

By: Brian Whilden


 

OST-1996-1960 - Family Assistance Plans

February 9, 2012

Family Assistance Plan

By: PenAir, Brian Whilden


 

OST-1996-1960 - Family Assistance Plans

April 30, 2012

Family Assistance Plan

By: Brian Whilden


 

OST-1996-1960 - Family Assistance Plans

April 11, 2014

Family Assistance Plan

By: PenAir, Brian Whilden


 

Order 2018-11-11
OST-2018-0001 - Violations of 49 USC § 41734 and 14 CFR Part 323

Issued and Served November 30, 2018

Consent Order

This consent order concerns violations by Peninsula Airways, Inc. of the statutory and regulatory provisions requiring the carrier to provide advance notice before ending, suspending, or reducing air transportation provided under the Essential Air Service Program, 49 USC § 41734 and 14 CFR Part 323. This order directs PenAir to cease and desist from future similar violations and assesses the carrier $20,000 in civil penalties.

In Order 2016-4-10, the Department selected PenAir to provide EAS to Bar Harbor, Maine, Plattsburgh, New York, and Presque Isle, Maine, from July 1, 2016, to June 30, 2018. On May 31, 2018, PenAir ceased EAS operations to these three communities. PenAir only provided oral notice via telephone on the same day it ceased operations to Bar Harbor, Plattsburgh, and Presque Isle. By failing to provide at least 90 days’ notice to the affected communities, the appropriate state authorities, and the Department, PenAir violated 49 USC § 41734 and 14 CFR Part 323.

By failing to provide notice as required, PenAir compromised the ability of all EAS stakeholders, including the Department, to ensure that adequate and uninterrupted EAS service was provided to the affected communities. As stated above, one purpose of the statutorily required 90-day notice provision is to give passengers and shippers in the communities sufficient notice that the service may not be in place after the end of the 90-day period, and to give them sufficient time to make alternate travel and shipping arrangements. PenAir’s failure to provide the required notice deprived the affected communities of this ability.

PenAir states that it operated the subject routes as long as possible under the circumstances but circumstances beyond its control made a 90-day notice impossible. The carrier states that prior to the time that PenAir ceased the EAS operations, PenAir had bid on continuing EAS operations and was awaiting the announcement of the bid by DOT. PenAir explains that when DOT announced that the bid was awarded to competing airlines offering jet service to these locations, PenAir immediately lost 50% of its pilots and several of its mechanics, leaving it with less than 3 full time mechanics. The carrier explains further that at that time, PenAir was operating the EAS routes on a “hold-in” status, but the natural consequence of the announcement of the EAS bid left PenAir unable to service the routes at an acceptable safety level. PenAir states that while it did not give the required 90-day notice, it did notify the local airport managers as soon as it was aware that it could not continue. PenAir explains further that the status of its bankruptcy case at the time exacerbated the problem and made it impossible for PenAir to solve the pilot/mechanic problem through financial means.

In order to avoid litigation, PenAir consents to the issuance of this order to cease and desist from future similar violations of 49 USC § 41734 and 14 CFR Part 323 and to the assessment of $20,000 in compromise of potential civil penalties otherwise due and payable pursuant to 49 USC § 46301.

By: Blane Workie

 

 

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