**BEFORE THE DEPARTMENT OF TRANSPORTATION**  **OFFICE OF THE SECRETARY WASHINGTON, D.C.** 

**_____________________________________** ) Application of ) ) **Harris Aircraft Services, Inc .**  ) **)** DOCKET: OST

- 2013

- 0089 for authority

to conduct scheduled passenger ) operations as a commuter air carrier under ) 49 U.S.C. 41738 ) _____________________________________) **WITHDRAWL OF APPLICATION OF**  **HARRIS AIRCRAFT SERVICES, INC. FOR COMMUTER AIR CARRIER AUTHORITY**  Communications with respect to this docum ent should be addressed to: Robert S. Harris Harris Aircraft Services, Inc. 400 Airport Road Sitka, AK 99835 Tel. 907

- 966

- 3050 Email: scott@harrisair.com Preside nt, Harris Aircraft Services, Inc.

Dated: April 7, 2014**BEFORE THE DEPARTMENT OF TRANSPORTATION**  **OFFICE OF THE SECRETARY WASHINGTON, D.C.** 

**_____________________________________** ) Application of ) ) **Harris Aircraft Services, Inc .**  ) **)** DOCKET: OST

- 2013

- 0089 for authority

to conduct scheduled passenger ) operations as a commuter air carrier under ) 49 U.S.C. 41738 ) _____________________________________)

**WITHDRAW A** **L OF APPLICATION OF**  **HARRIS AIRCRAFT SERVICES, INC. FOR COMMUTER A** **IR CARRIER AUTHORITY** On May 8, 2013 Harris Aircraft Services, Inc. (“Harris Air” or “the company”) filed an application for authority to operate scheduled passenger service as a commuter air carrier under section 41738 of Title 49 of the United States Co de (“the Statute”). Since submitting this application, a protest and petition to dismiss the application has bee n filed by Pacific Airways, Inc. (twice) and Air Excursions LLC has filed its opposition to the issuance of authority. Both companies cite fai lure to comply with 14 CFR 204 and 14 CFR 302

. Both also take issue with the ability of Harris to conduct scheduled operations. The recent protest by Pacific Airways again claims that Harris is wrong in its service of Application upon the airport authority of each point proposed for service. It is apparent that our list of airport managers in the region is faulty and f or the sake of “transparency and public notice” Harris would appreciate if counsel for Pacific Airways could forward the name of the airpor

t manager in Kake or any of the floatplane facilities in the region. Again, we concluded that our service was correct in that it was submitted to the Office of Statewide Aviation in Juneau which is listed on the departments’ website as serving the State Owned Public Airports

- Southeast Region. The Opposition filed by Air Excursions addresses the recent loss of the Air Ambulance Aircraft Services contract and concludes that it should be a basis of denying its request for economic authority. The contract for air ambulance certainly does not require economic authority

nor does it require an air carrier certificate . The SCO inc orrectly states that Harris requested commuter authority to conduct expanded scheduled passenger operations as a result of the air medic al services contract. In reality the expanded service is a result of the routine patient and staff travel contract which is still in effect.Both Air Excursions and Pacific Airways contend that Harris Air is not fit financially to

conduct commuter operations and therefore should not be granted the authority. Each also contends that Harris Air is somehow conducting illegal operations. Pacific Airways states that “The review of FAA actions shows that Harris is fit to be what it is, an on demand air taxi, an d nothing more.” It is not clear which FAA actions were reviewed but had counsel for either Pacific Airways or Air Excursions contacted the FAA it would have been noted that we are a Commuter Air Operator and have the authority to conduct scheduled operati ons to the airports listed in our a pplication. As for economic fitness, we maintain that we are more than capable and believe the department would agree. That being said, the lawsuit between SEARHC and Harris is time consuming and a financial burden . We are preparing for a busy summer season , investing in engines , propellers and hiring summer staff

. It is not the time of ye ar to present financial information

. At this point it is my intent to concentrate on our ongoing commuter service to the airports we lis ted on our application and reapply for economic authority

at a later date. Wherefore, Harris Aircraft Services, Inc. requests that the department withdraw its application for economic authority to conduct scheduled passenger operations as a commuter air c arrier

.

Respectfully submitted,
Robert S Harris, Harris Aircraft Services, Inc. 400 Airport Road Sitka, AK 99835 Tel. 907

- 966

- 3050 Email: scott@harrisair.com President, Harris Aircraft Services, IncCERTIFICATE OF SERVICE I, Robert S. Harris hereby certify that on this 7 th day of April, 2014 I served via US M ail the foregoing withdrawal of Application of Harris Aircraft Services, Inc. on the following person:

Federal Aviation Administration Robert E. Cohn Juneau Flight Standards District Office Patrick R. Rizzi ATTN: Brian Frederick, Hogan Lovells US LLP 3032 Vintage Part Blvd. Columbia Square Suite 106 555 Thirteenth St, NW Juneau, AK 99801 Washington, DC 20004 Email:brian.n.frederick@faa.gov Kent Craford Hank Meyers Air Excursions LLC MTC 1873 Shell Simmons Dr. PO Box 7142 Suite 110 Bellevue, WA 98008

- 1142 Juneau, AK 99801 Steve Montanus Pacific Airways, Inc PO Box 5158 Ketchikan, AK 99901

- 0158