... . :•' ·. ·. . •' ~; ~ .. '' ' - ' .. ~ ,, 

U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

July 19, 2012 

Mr. Jim Buntz 

Senior Vice President of Finance 

Carlsbad-Palomar Airlines, Inc. 

d/b/a California Pacific Airlines 

5670 El Camino Real, Suite D 

Carlsbad, CA 92008 

Dear Mr. Buntz: 

3: 3l 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Docket DOT-OST-2010-0126, Application of 

Carlsbad-Palomar Airlines, Inc. d/b/a California 

Pacific Airlines for certificates . of public 

convenience and necessity 

As you know, by Order 2011-8-23, issued August 25, 2011, the Department found 

Carlsbad-Palomar Airlines, Inc. d/b/a California Pacific Airlines ("CP Air") fit to engage 

in scheduled passenger operations as a certificated air carrier. The effectiveness of this 

authority was conditioned upon CP .Air's fulfilling a number· of conditions, including 

providing us with a copy of its Air Carrier Certificate and Operations Specifications from 

the Federal Aviation Administration authorizing such operations. . . 

Although over ten months have elapsed since the Department's grant of authority to CP 

Air, to date, the company has not fulfilled the conditions imposed by Order 2011-8-23 to 

have its authority made effective. This letter is to remind the company of the 

requirements of section 204.7 of the Department's regulations (14 CFR 204.7) and the 

impact of that section on its authority. Specifically, section 204.7 provides, among other 

things, that the authority granted to a company shall be revoked if the company does not 

commence actual flying operations under that authority within one year of the date of the 

Department's determination of its fitness--that is, by August 25, 2012, for CP Air. 

If CP Air is not able to fulfill the conditions set by Order 2011-8-23 for receipt of 

effective authority and commence operations by August 25, 2012, it may request a 

waiver of the requirements of section 204.7. However, you should be aware that such 

waivers are not granted routinely, but only where "good cause" is shown. In showing 

good cause, CP Air would have to provide adequate evidence that it still meets the 

Department's fitness criteria and that it has completed nearly all of the steps to commence 

operations (e.g., has the necessary personnel, financial resources, and aircraft, and that it 

is well advanced in its FAA certification process). Any such waiver request should be 

mailed to U.S. Department of Transportation, Docket Operations, (M-30, Room Wl2-
2 

140), 1200 New Jersey Avenue, S.E., West Building Ground Floor, Washington, D.C. 

20590, or you may electronically file your response at www.regulations.gov. In either 

case, you must pay the $280 filing fee at www.pay.gov and accompany your filing with 

proof of payment. 

In addition, if you believe that special issues exist which cannot be presented adequately 

in writing, you may request that an oral evidentiary hearing be held before we revoke CP 

Air's authority for dormancy. Such a request must be in writing and must be submitted 

to the Department prior to August 25, 2012. Any such request must set forth in detail the 

reasons why such procedures are considered necessary and what facts supporting its 

continued fitness CP Air would be able to establish through this procedure that it could 

not otherwise establish in writing or through a timely filed request for a fitness 

redetermination. 

If you have any questions concerning this matter, please contact Mr. Damon Walker of 

my staff at (202) 366-9721.. 

Lauralyn J. Remo 

Chief, Air Carrier Fitness Division 

Office of Aviation Analysis 

cc: Docket DOT-OST-2010-0126