Order 2010

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Served: March 1 1 , 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 th day of March, 2010

Fitness Determination of

SMALL COMMUNITY AIRLINES, INC.

as a commuter air carrier under section 49 U.S.C. 41738 Docket DOT

- OST

- 2005

- 21822

ORDER DISMISSING APPLICATION

Summary

By this order, we dismiss the application filed by Small Community Airlines, Inc. (“ SCA”)

, for authority to conduct scheduled passenger operations as a c ommuter air carrier

.

Background

On July 27, 2005, SCA

, filed an application in Docket DOT

- OST

- 2005

- 21822 for authority to conduct scheduled passenger operations as a commuter air carrier pursuant to section 41738 of

the Statute. D uring the course of our review of SCA’s application , we became aware of a number of material changes in the information SCA previously provided to the Department.

Moreover

, despite our repeated requests for additional and/or clarifying information

, S CA failed to provide the material necessary to fin d the applicant tentatively fit. For example, although repeatedly requested by the Department, SCA failed to provide the compliance information required by sections 204.3 (l), (m), (o), (p), and (q) of our rules (14 CFR § 204.3) for each of its new key pe rsonnel, information verifying the lines

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- credit and/or cash deposits available to it to support its proposed operations, audited financial statements, and financial information required by sections 204.3(k) of our rules. T he applicant also failed to ad dress discrepancies that the Department identified in its historical and projected financial statements.

Decision

As we have routinely stated, while we are willing to work with applicants in the certification

process, we can n ot allow applications to rema in pending indefinitely, particularly where applicants are non

- responsive to our requests for information. 1 Processing and maintaining incomplete applications delay s the Department’s ability to process applications from companies

1 See Order 2005

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- 23 and Order 2005

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- 19 in Dockets DOT

- OST

- 2004

- 1 9543 and DOT

- OST

- 2004

- 18862, respectively.2

that have prepared comple te filings and are prepared to complete the steps necessary to commence operations.

SCA ’s application has been on file for an extended period of time and the applicant has yet to

establish its fitness. Therefore , we have decided to dismiss , without pre judice, SCA’s application in Docket DOT

- OST

- 2005

- 21822. We invite SCA to refile for authority when it is fully prepared to prosecute its application in a timely manner.

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

14 CFR 385.12:

1. We dismiss, without prejudice, the application for commuter authority filed by Small Community Airlines, Inc., in Docket DOT

- OST

- 200 5

- 21822

.

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

Persons entitled to petit ion 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

Tr ansportation 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 elec tronic version of this document is available on the World Wide Web at: http:// www.regulations.govATTACHMENT A

SERVICE LIST FOR SMALL COMMUNITY AIRLINES, INC

.

LEWIS MCPHERSON

PRESIDENT

SMALL COMMUN ITY AIRLINES INC

7515 LEMMON AVENUE

HANGER H

DALLAS TX 75209 BERNARD STANKUS

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

WILLIAM H SMITH

DFW FSDO SW07

CENTRE POINT BUSINESS PARK

DALLAS/FT WORTH TX 761 55 WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 CLAY MORITZ

OF FICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

KENNETH GARDNER

SMALL COMMUNITY AIRLINES INC

7515 LEMMON AVENUE

HANGER H

DALLAS TX 75209