Order 2010-3-13

Served: March 11, 2010 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 11th 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 commuter 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. During 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, SCA failed 

to provide the material necessary to find 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 personnel, information verifying the lines-of-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. The applicant also failed to address 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 cannot allow applications to remain pending indefinitely, particularly where 

applicants are non-responsive to our requests for information.1 Processing and maintaining 

incomplete applications delays the Department’s ability to process applications from companies 

 

1 See Order 2005-10-23 and Order 2005-3-19 in Dockets DOT-OST-2004-19543 and DOT-OST-2004-

18862, respectively.
2

that have prepared complete 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 prejudice, 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-2005-21822.

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 SMALL COMMUNITY AIRLINES, INC.

LEWIS MCPHERSON

PRESIDENT 

SMALL COMMUNITY AIRLINES INC

7515 LEMMON AVENUE

HANGER H

DALLAS TX 75209

BERNARD STANKUS 

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

WILLIAM H SMITH 

DFW FSDO SW07

CENTRE POINT BUSINESS PARK

DALLAS/FT WORTH TX 76155

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

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

KENNETH GARDNER

SMALL COMMUNITY AIRLINES INC

7515 LEMMON AVENUE

HANGER H

DALLAS TX 75209