Order 2014-8-3

Served: August 7, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 7th day of August, 2014 

Application of

MARCO AVIATION, INC.

for a certificate of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in interstate air 

transportation of persons, property, and mail

 

Docket DOT-OST-2013-0104

ORDER DISMISSING APPLICATION

On May 14, 2013, Marco Aviation, Inc. (“Marco”), filed an application in Docket DOT-OST2013-0104 requesting a certificate of public convenience and necessity to engage in interstate air 

transportation of persons, property, and mail. On July 12, 2013, the Department requested 

information from Marco to supplement the company’s application for certificate authority. The 

company’s response was due, originally, to the Department on August 11, 2013. Subsequently, 

on January 23, 2014, we were informed by the air carrier’s representative that Marco would 

provide an amended application within two weeks. 

By letter dated May 8, 2014, we reminded Marco that we had yet to receive a response to our 

July 12, 2013, information request or an amended application as the air carrier had suggested. 

Moreover, we informed the air carrier that it is not the Department’s policy to keep incomplete 

applications open indefinitely and that if we did not receive a complete response to our July 12 

Information Request or an amended application as the company previously described, within 14 

days of our letter, we would dismiss its application without further notice. To date, we have not 

received a response to our additional information request or has Marco filed an amended 

application. 

In light of the above, the Department dismisses, without prejudice, the application filed in 

Docket DOT-OST-2013-0104 by Marco. We invite Marco to refile its application when it is 

fully prepared to prosecute its application.
2

ACCORDINGLY, Acting under authority assigned by the Department in its regulations, 

14 CFR 385.12:

1. We dismiss, without prejudice, the application filed by Marco Aviation, Inc., in Docket 

DOT-OST-2013-0104 for a certificate of public convenience and necessity.

2. We will serve a copy of this order on the persons listed in Attachment A.

Persons entitled to petition the Department for review of this order under the Department’s 

Regulations, 14 CFR 385.30, may file their petitions within 10 days of the service date of this 

order.

This order shall become effective and become the final action of the Department of 

Transportation upon expiration of the above period unless within such period a petition for 

review is filed or the Department gives notice that it will review this order on its own motion.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
Attachment A

SERVICE LIST FOR MARCO AVIATION, INC.

HANK MYERS

PRINCIPAL CONSULTANT

MTC

PO BOX 7341

BELLEVUE WA 98008-1341

CSET ASSISTANT MANAGER

FEDERAL AVIATION ADMINISTRATION

45005 AVIATION DRIVE AFS-900

SUITE 131

DULLES VA 20166

PETER LYNCH 

ASST CHIEF COUNSEL 

FOR ENFORCEMENT AGC-300

 FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591