Order 2011-10-8

Served: October 17, 2011

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 17th day of October, 2011

Fitness Determination of

 CRAIG AIR CENTER, INC.

as a commuter air carrier under section 

49 U.S.C. § 41738

 Docket DOT-OST-2010-0001

ORDER DISMISSING APPLICATION

On January 4, 2010, Craig Air Center, Inc. (“CAC”), filed an application in Docket DOT-OST2010-0001 for authority to conduct scheduled passenger operations as a commuter air carrier 

pursuant to section 41738 of the Statute. At this same time, CAC filed a motion requesting that 

certain of the information it provided be withheld from public disclosure pursuant to section 

302.12 of our Procedural Regulations (“Rule 12”).

By letter dated February 2, 2010, the Department denied CAC’s request for confidential 

treatment. In that letter, we also explained to the applicant its options under Rule 12 for either 

reconsideration or judicial review and stated that if no such recourse would be sought, CAC

should file the information denied confidentiality in the public docket within five business days 

of the date of our letter, which was February 9, 2010. 

On February 22, 2010, the Department sent a reminder letter to CAC that it had yet to file the 

information denied confidential treatment in the public docket and stated that should CAC fail 

to provide the information by March 1, 2010, we would dismiss its application without further 

notice.

On March 23, 2010, CAC made a filing in the public docket established for this proceeding. 

However, instead of filing the information denied confidential treatment, the company 

provided an amended application.

By letter dated June 2, 2010, we requested additional information from CAC necessary for us 

to determine its fitness to operate as a commuter air carrier, including, among other things, a 

copy of the Preapplicaiton Statement of Intent filed with the Federal Aviation Administration 

(“FAA”), updated resumes and resumes for new key personnel, historical financial statements, 

projected financial statements, and third-party verification of the applicant’s accounts balances 

and lines-of-credit available to support its proposed commuter operations.
2

Although more than one year has passed, we have heard nothing from the air carrier in 

response to our June 2, 2010, request for information.1 

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.2 

In light of the above, we have decided to dismiss, without prejudice, CAC’s application 

in Docket DOT-OST-2010-0001. We invite CAC to refile its application when it is fully 

prepared to prosecute its application

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 Craig Air 

Center, Inc., in Docket DOT-OST-2010-0001.

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

 

1 The Department informally contacted CAC again on September 21, 2011, and informed the applicant that we

would permit it an additional five business days to provide its respond to our outstanding request for information. 

This date has passed and we have heard nothing from the applicant in response.

2 See Order 2005-10-23 and Order 2005-3-19 in Dockets DOT-OST-2004-19543 and DOT-OST-2004-18862, 

respectively.
ATTACHMENT A

SERVICE LIST FOR CRAIG AIR CENTER, INC.

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

ANNE SUISSA

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

JOHN T VITO

PRESIDENT

CRAIG AIR CENTER INC

855-14 ST JOHNS BLUFF RD

JACKSONVILLE FLORIDA 32225 

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

RICHARD SCHEIBEL

PRINCIPAL INSPECTOR FOR CRAIG AIR 

CENTER INC