Order 2011 - 10 - 8 Served: October 17, 2011

U N I T E DS T A TE S O F A M E R I C A D E P A R T M E N T OF T R

A N S P O R T A T I O N **UNITED STATES OF AMERICA**

**DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY**  **WASHINGTON, D.C.** Issued b y the Department of Transportation on the 17 th day

of October, 2011 Fitness Determination of **CRA IG A** **IR CENTER, INC.** as a commuter air carri er under secti on 49 U.S.C. § 41738 **Docket DOT**  **- OST**  **- 20**  **10 -** **0001**

**ORDER DISMISSING A PPLICA** **TION** On January

4, 2010, Craig Air Center, Inc. (“CAC”), filed an application in Docket DOT - OST 2010 - 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 l etter 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

2 2, 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 M arch 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 l etter dated June 2, 2010, we requested additional information from C AC necessary f or us to determine its fitness to operate as a commuter air carrier, including, among other things, a copy o f the Preapplicaiton Statement of Intent filed with the Federal Aviation Administration (“FAA”), updated resume s and resumes for new key p ersonnel, 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 ye ar has pas sed, 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 - 20 10 - 0001 . W e invite CAC to refile its appli cation 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 cop y 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 f ile 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 W ide Web at: http :// www.regulations.gov

1 The Department informally contacted CAC again on September 21, 2011, and informed the applicant that we wo uld permit it an additional five business days to provide its resp ond 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**  **AI R 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 DULLE S VA 20166 RICHARD SCHEIBEL PRINCIPAL INSPECTOR FOR CRAIG AIR CENTER INC