## US.Departmentof 

### Transportation 

## OfficeoftheSecretary ofTransportation



## September29, 20

## II

Mr. David Den Herder President Marceco Ltd. -+585 401h

## Street Grand Rapids, MI495I2

DearMr. Herder: 1200 NewJersey Avenue, SE Washington, DC 20590



## Wehavecompletedourinitial review ofthe applicationfiled byMarceco Ltd. ("Marceco") for the determination ofits fitness to conduct interstate charter passenger operations as a certificated air carrier. This review has revealed the need for additional and/or clarifying information before we can complete processing of Marceco's application. The attached Information Request lists the areas where further and/or clarification information is necessary. I ask that you respond fully to this request within 30 days of the date ofthis letter. The original plus 6 copies ofyourresponse should be mailed to U.S. Departmentof Transportation, Docket Operations, (M-30, Room W12-140), 1200New Jersey Avenue, S.E., West Building Ground Floor, Washington, D.C. 20590, or you mayelectronicallyfile yourresponse at www.regulations.gov.

As is the Department's practice, further processing of Marceco's application will be deferred pending receipt of this material. In addition, please remember that Marceco should promptly provide the Department with any information regarding changes it may undergo in areas affecting its fitness (i.e., 

## management, operating plans or financial condition, compliance disposition, or ownership) while its application is under review by theDepartment.

Thank you for your cooperation in this matter. If you have any questions regarding this letterorthe requested information, please feel free to contact me at(202) 366-9721.

Damon Walker Transportation Industry Analyst AirCazTierFitness Division

Enclosure

## 2



## cc: Docket DOT-OST-2011-0024

Robet1 F. 

## Helbing FAAPrinciple Operations Inspector

# INFORMATION REQUEST MARCECO,LTD.

OWNERSHIPAND MANAGEMENT

1. Please identify the members ofthe Board ofDirectors ofMarceco. In addition, ifnot previouslyprovided, identify thecitizenship and provided aresume for eachdirector.

2. For each of the individuals identified i.n response to question 1 above, provide the compliance information required by section 204.3 (l), 

# (m), (o), (p), and (q) of our rules (copyenclosed).

3. Please provide a complete list ofkey personnel at Marceco and identify the position held andcitizenshipofeach. 1



# 4. Pleaseprovide a completeresume for DavidDen Herder. Theresume should include the individual's full name, citizenship, current address, and telephone number, together with a detailed listing of all previous employment (both aviation and nonaviation) and education and training, including FAA certifications and license numbers ifapplicable. Theemploymentlisting should include the name ofemployer, location (city, state), type ofbusiness, position(s)held, description ofresponsibilities, and dates employed. Further, ifthe employerheld any aviation authority, the type of authorityheld shouldbe noted.

5. Please identify the FAA certifications and license numbers held by Mr. Joseph Matthew.

6. Please identify anybloodorlegalrelationshipbetweenthe ownersofMarceco.



# FINANCIALPOSITION AND OPERATINGPLANS

1. 

# Please provide a summary ofMarceco's current operations, including the number of flights operated per month, the number ofblock hours flown per month, the number of passengers carried per month, and identify the DOT and/or FAA authority currentlyheld.

2. Please provide third-party verification of all cash deposits available to support Marceco'sproposed operations.

3. Pleaseprovide an income statement for the calendaryear2010.

Section 204.2(i) ofour rules defines key personnel as the directors. president, chiefexecutive officer, chief operating officer, all vice presidents, the directors or supervisors of operations. maintenance, and fin:mce, and the chiefpilot of the applicant or air carrier. as well as any part-time or full-time advisors or ,_'P1sultants to the management ofthe applicantor air carrier,

## 2



## 4. Please provide an income statement for the 6-months endingJune 30, 201 

# I. as well as

abalance sheet datedJune 30, 2011.



# COMPLIANCEDISPOSITION

1. Part 203 of the Department's regulations requires that certain U.S. and foreign air carriers waive the passengerliabilitylimits and certain carrierdefenses in the Warsaw Convention in accordance with the provisions of A'greement 18900, dated May 13, 1966, and provides that the acceptance ofauthprity for;or operations by the carrierin, air transportation shall be considered to act as such a waiverby that carrier. Therefore we ask that Marceco file a copy of its signed counterpart of Agreement 18900 (OST Form4523) in DocketDOT-OST-1995-236.

2. Section41113 ofthe Statuterequires certificated air carriers to develop and submit to the Department and the NationalTransportationSafety Board a plan ("accidentplan")
to address the needs of families of passengers and other victims involved in any aircraft accident involving an aircraft ofthe air carrier and resulting in major loss of life. Section 41113(c) prohibits the Department from approving an application for a certificate unless the applicant has filed an accident plan that meets the requirements ofsection41113(b). As aresult, the Department will notbe able to issue a final order regarding Marceco's certification until this requirement has been met. Therefore we ask that Marceco promptly file a copy of its accident plan in the public docket established for these plans (Docket DOT-OST-96-1960), submit the required copy of this plan to the National Transportation Safety Board, and, at the same time, file a notice in Docket DOT-OST-2011-0024 stating that it has complied with the Accident Planrequirements.

The information provided pursuant to this Information Request should be accompanied bythe following certification:

Thecontents ofthis application and the attached exhibit (s) are true and correctto the best of my knowledge and belief. Pursuant to Title 18 United States Code Section 1001, I 

# [the individual signing the application, who shall be aprincipal
owner, senior officer, or internal counsel ofthe applicant], in my individual capacity and as the authorized representative of the applicant, have not in any

manner knowingly and willfully falsified, concealed or failed to 

## disclose any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing or prosecution of the application. I understand that an individual who is found to have violated the provisions of 18 U.S.C section 1001 shall be fined orimprisonednot more than five years, orboth.

### PART204--DATATOSUPPORTFITNESS DETERMINATIONS

Subpart A--General Provisions

Sec. 204.I Pu1pose. 204.2 Definitions.


### Subpart 8--Filing

### Requirements

204J Applicants for new certificate or commuter air carrier auth\Hity. 204.4 C'aniers proposing to provideessential air service. 204.5 Certificated and commuter air carriers undergoing or propm.ing to undergo substantial change in operations. ownership,

ormanagement. 204.6 Ce!tlficated and commut.;r aircarriers proposing a change in operations. ownership, or management which is not substantial. 204.7 Revocation for dormancy.



### SUBPART A--GENERALPROVISIONS

Sec. 204.1 

### Purpose. This part sets forth the fitm:ss data that must be submitted by applicants for certificate authority. by applicants for authority to provide service as 

### a commuter air carrier to an eligible place, by caniers proposing to prov1d.: css.:ntial air transportation, and by n:nificatcd air caniers ami wmmuter air carriers proposing a ,ubstantial change in operation:,, ownership, or management. This pmt abo contains the procedures and filing requirements applicable
to caniers that hold dormant authority.

Sec. 204.2 Definitions, As u:...:d in this pan: (a)

### All-cargo aira11-riNorsection 41103 

### carriermeans an air catTier holding an all-cargo airtransponation certificate issuedunder 'c:ction --Ill03 of th.: Statute authorizing the transportation by aircraft in interstate air tnmsportation ofonly property or only mail,

orboth. (hi 

### rerrijicote ourltoritv means authority to provide air transpclllation grantc:d by the Department ofTransportation or Civil Aeron:illtics Board in the fom1 ufa certificate ofpublic convenience and tH:cc:,sity under section 41102 ofthe Statute or an all-cargo air tratbpu11ation certificate to perform all-cargo air transportation under :,c:ction 41 103 of the Statute. Certitkated carriers are those thathuld certificate authority. (c) 

### Ciri:en oflhe Unaed S1wes means: (I) An individual who i.s a citizenofthe United States; (2) A pannership each of whose partners is an individual who i' a citizen ofthe Unit<.:d States; or (3) A corporation or association organized under the laws of tht: l!nitcd States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds ofthe board ofdirectors and other managing officers are citizens of the United States, and in which at least 75 percent ofthe voting interest is owned or controlled by persons that

arecitizensofthe United States. (d) 

### CommU/er air carrier means an air carrier holding or seeking authority under pan 298 of this Chapter that canies passt:ngers on at least five round trips perweek on at least oneroute betweentwoormorepoints according to itspublished flight schedules that specify the times, days of the week, and places between which those flights areperformed. (e)

### Eligibleplace means aplace in the United Statesthat-- (1) Was an eligible point under section 419 ofthe Federal Aviation Act of 1958 as in effectbeforeOctober I, 1988; (2) Received scheduled air transportation at any time betweenJanuary I, 1990, and November4, 1990; and 

### (3) Is not listed in Department of Transportation Orders 89-9-37 and 89-12-52 as a place ineligible for compensation under Subchapter II ofChapter417ofthe Statute. (f) 

### Essenlial air service is that air transportation which the Departmenthas found to beessential under Subchapter 

### II ofChapter 417 ofthe Statute. (g) 

### Fit means fit, willing, and able to perform the air transportation in question properly and to conform to the provisions of the Statute and the rules, regulations and requirements issued underthe Statute. (h) 

### lntersrare air tronsporrarion means the transportation of passengers or property by aircraft as a common carrier for compensation. orthe transportation ofmail by aircraft-- (I) Between a placein--

(i) A State, territory. or possession of the United States and a place in the District ofColumbia oranother State, territory, or possession ofthe United States; (ii) Hawaii and another place in Hawaii through the airspace over a place outsideHawaii: (iii) The District of Columbia and another place in the DistrictofColumbia: or (iv) A territory or possession of the United States and anotherplace in the same territory orpossession; and (2)When any panofthe transponation is by aircraft. (i) 

### Key personnel include the directors, president, chief executive officer, chief operating officer, all vice presidents, the directors orsupervisorsofoperations, maintenance, and finance, and the chiefpilot ofthe applicant oraircarrier, as well as any pan-time

or full-time advisors or consultants to the management of the applicant oraircarrier. 

### (j)**Normali~ed**

### opera/ions are those which are relatively free of stan-up costs and temporary barriers to full-scale operations posed by the carrier's limited experience. (k) 

### Relevant corporations are the applicant or air carrier, any subsidiary thereof, any predecessor thereof (i.e., any air carrier in which any directors, principal officers or persons having a substantial interest have or once had a substantial interest), and any company (including a sole proprietorship orpartnership) which has

a significant financial ormanagerial influence on the applicant orair carrier. The latterincludes; (I) Any company (including a :,ok proprietorship or partnership) holding more than 50 percent ofthc uubtanding voting stock ofthe applicant oraircan·ier; and (2) Any company (including a sol<: proprit:torship or partnership) holding between 20 percent and 50 pt:rc·t:nt of the outstanding voting stock ofthe applicant orair can·ier and which has significant inlluenceover the applicant oraircan·ieras indicat.:d, for example, by 25 percent representation on the board of directors. panicipation in policy-making processes, substantial inter-company transactions, or managerial personnel with common responsibilities in both companies. (I) 

### Suhstanlial change in operations. mt·ncrship. nr management includes, but is not limited to, the following events: (I) Changes in operations from chancr to scheduled service, cargo to passenger service, short-haul to long-haul sen·icc.

or (for a certificated air carrier) small-aircraft to large-aircraft operations; (2) The filing of

### a petition for reorganization 

### or a plan of reorganization underChapter II ofthe federal bankmptcy laws; (3) The acquisition by a new shareholdc:r or the accumulation by an existing shareholder of beneficial control of I0 percent or more ofthe outstanding voting stock in tht: corporation: and (4) A change in the president. chief executive officer or chief operating officer. and/or a change in at least half of the other key personnel within any 12-month period or since its latt:st litness review, whicheveris the more recent period. (m) 

### Sulmanrial inreres/means hcncficiall:ontrol of I0 percmt

ormore ofthe outstanding voting stock.



### SUBPARJ;

### B--FILING REQlJIImMENTS

Sec. 204.3 

### Applicants for new certificate or commuter air 

### carrierauthority. An applicant for a type of cenificate authority it docs not cunently hold or for commuter air canicr authority shall file the data set forth in paragraphs (a) through (v) of this section. In addition, the Department may require an applicant tu provide additional data ifnecessary to reach an infonnedjudgment about its fitness. Ifthe applicanthas previously fom1ally filed any oftht: required data with the Department orwith another Federal agency and they are available to the Department. and those data continue to retlect the cunent state of the can·icr's fitness, the applicant may instead identify the data and provide a citation for the datds) and place(s) offiling. Prior to filing any data, the applicant may contact the Air Canier Fitness Division to asce11ain what data required by this section arc already available to the Depanment and need not he included in the filing.



### Nore: If the applicant intends to usc as evidence data it has previously filed pursuant to part 241 reporting rt:quirt:mcnts and those data contain enors. the applicant must first file com:ctcd reports in accordance with Se\.**2~** 1.22(g). 

### ll (a) The name, address. i\lldJclcphonenumberofthe applicant.



## ,·**~·:·.**([1)The fom1 ofthe applicant\organization. (C)The State law(s) undcr which the applicant is organized. ((]) If the applicant is a corporation. a statement provided by the Ofllce of the Secretary of State. or other agent of the State in which the applicant is incorporated. certifying that the applicant cclrporation is in gaud stanc..ling. (e) A sworn affic..lavit :.tating that the applicant is 

### a citizen of the llnitec..l States. I() The ic..lcntity of the key personnel who would be employed hy the applicant. including: (I )Theirnames and addresses; (2)Theexpcncuce. expertise, and responsibilities ofeach; (3) The numl:>cr of shares of the applicant's voting stock held by each and the percentage ofthe total number of such shares is,ued and outstanding. and the citizenship and principal business of
any person for whose account, ifother than the holder, such interest is helc..l; (4)The citizenshipofeach; and (5) A c..lescription of the officerships. directorships, shares of stock (if I0 percent or more of total voting stock outstanding), anc..l other interests each holds ur has held in any air carrier, foreign air carrier, common carrier. person substantially engaged in the bu,incss of aeronautics or persons whose principal business (in puq1ose or fact) is the holding of stock in or control of any air carrier. common carrier or person substantially engaged in the businc"ofaeronautics. (gl A list of all persons having a substantial interest in the applicant. Such li:;t shall include: (I) Each person'sname. ac..ldress and citizenship; (2) The number of shares of the applicant's voting stock hdc..l by each such person and the corresponding percentage of the total number of such shares issued and outstanding, and the cillzenship and principal busuw:.s ofany person for whose account, tfotherthan the holder. such imercst is held; (3) If any two or more persons holding a substantial
tnterest in the applicatll are related by blood or marriage, such rdati<HJ,hip(s) shall be induc..led in thelist; and (4) If any person or subsidiary of a person having a :.ubstantial interest in the applicant is orhaseverbeen (i) An air carrier. a foreign air carrier, a common carrier_ or (ii) Substantially engaged in the business of aeronautics, or (iii) An officerordirectorofany suchentity, or (iv) A holder of 

### 10 percent or more of total oubtanding voting stock of any such entity, the list shall describe such rdationship(s). (h) A list of the applicant\ subsidiaries. if any, including a dc,cription of each subsidiary's principal business and relationship
to the applicant. (i) A list ofthe applic:ant's shares ofstock in. orcontrol of, any air carrier. foreign air can·ier, common carrier, or person substantially engaged in the business ofaeronautics. (j) To the extent any relevant corporation has been engaged in any business prior to the filing of the application, each applicant shall provide: 

### (I) Copies ofthe 

### IOK Annual Reports filed in the past 

### 3
years by any relevant corporation required to file such reports with the Securities and ExchangeCommission, and (2) Copies of recently filed I

### OQ Quarterly Reports, as necessary, in order to show the financial condition and results of operations ofthe enterprisecurrent towithin 

### 3 months ofthe date of the filing ofthe application. (k) If 

### IOK Reports are not filed with the Securities and ExchangeCommission, the following, for the 

### 3mostrecent calendar

or fiscal years. reflecting the financial condition and results of operations oftheenterprisecurrent to within 

### 3 months ofthe date of the filing ofthe application: (I)The Balance Sheetofeachrelevantcorporation; (2)The Income Statementofeach relevant corporation; (3) All footnotes applicable to the fmancial statements, including: (i) A statement as to whether the documents were prepared in accordance with Generally Accepted Accounting Principles, and (ii) A description of the significant accounting policies of each relevant corporation. such as for depreciation, amortization of intangibles, overhauls, unearned revenues, and cost capitalization; (4) A statement ofsignificant events occurring subsequent
to the most recent Balance Sheet date for each relevant corporation; and (5) A statement identifying the person who has prepared the financial statements. his or her accounting qualifications, anc..l any affiliation he orshehas with the applicant. (I) A list of all actions and outstandingjudgments for more than $5,000 against any relevant corporation, key personnel employed (or to be employed) by any relevant corporation, or person having a substantial interest in any relevant corporation, including the amount of each judgment. the party to whom it is payable, andhow long ithas been outstanding. (m) The number ofactions and outstandingjudgments ofless than $5,000 against each relevant corporation. key personnel employed (or to be employed) by any relevant corporation, or person having a substantial interest in any relevant corporation, and the total amount owed byeachon suchjudgments. (n)A description ofthe applicant's fleet ofaircraft, including: (I)The numberofeach type ofaircraft owned, leased and
tobepurchased orleased; (2) Applicant's plans, including fmancing plans, for the purchaseorlease ofadditional aircraft; and (3) A sworn affidavit stating that each aircraft owned or leased has been certifiedby the FAA and currently complies with all FAA safety standards. (o) A description of the current status of all pending investigations. enforcement actions, and formal complaints filed by the Department, including the FAA, involving the applicant or any relevant corporation, any personnel employed (or to be employed) by any relevant corporation or person having a substantial interest in any relevant coqJOration. regarding compliance with the Statute or orders, rules, regulations, or rc4uiremcnts issued pursuant to the Statute, and any correcilve actions taken. (If an applic·ant has a compliance history that**~arrants** it. additional information may be required.) (p) A description of all charges of unfair or deceptive or anticompetitive business practices. or of frauc..l, fdony or antitrust violation, brought against any relevant corporation or person having

a substantial interest in any rdevant corporation, or member of the key personnel employed (or to he employed) by any relevant corporation in the past 

### 10 years. Such descriptions shall incJude the disposition orcurrent >.tatus ofeach such proceec..ling. (q) A description of any aircraft accidents or incidents (as defined in the National Transportation Safety Boarc..l Regulations. 

### 4ll CFR 

### 830.2) experienced hy the applicant, its personnel. or any relevant corporation, which occun·ed either during the year preceding the elate of application or at any time in the past anc..l which remain under investigation by the FAA. the NTSB. or by the company itself, including: (I)Thedate ofthe occurrence; (2)The type offlight; (3) The number of passengers and crew on board and an enumeration ofany injuries orfatalitie:;; (4) Adescription ofany damage to the aircraft; (5)The FAA and NTSB file numbers·and the status ofthe investigations, including any enforcement actions initiated against the carrierorany ofits personnel; and (6) Positive actions taken to prevent recurrence. (If 

### an applicant's history of accidents or incidents wan·ants it. additional inforn1ation may be required.) (r) A briefnarrativehistory ofthe applicant. (s) A description of all Federal, State and foreign authority under which the applicant has conducted or is conducting transportation operations, and the identify of the local FAA o!Tice and personnel responsible for processing an application for any additional FAA authority needed to conc..luct the proposed operations.



### ., 

### " 

# .. (t) Adescription or

## tpc servicc to be operated ifthe application is granted, including: (I) A forecast Balancc Shect for the first normal year ending after the initially proposed operations have been incorporated, along with the a,ssumptions underlying the accounts and an1ounts shown; and (2) A forecast Income Statement. broken down by 4uarters. for the first year ending after the initially propo,ec..l operations are n01malized. and an itemization of all pre-operating and staJ1-up costs associated with the initiation of the proposed service. Such Income Statement shall include cstimated rcvenue block hours (or airborne hours, for charter operators) anc..l revenue miles by type ofaircraft. number ofpassengers and number oftons ofmail and cargo to be carried, traJlsport revenues aJld an estimate ofthe traffic which would**~e** generated in each markct receivinf! the proposed service. Such statements shall also include a statement astP "h..:ther the statements were prepared on the accmal or cash basis. an explanation ofhow the estimated costs and revenues were develupeJ, a description uf tht: manner in which costs and revenues
are allocated. huw the underlying traffic forecasts were made, and what load factor has been assumed for the average and peak month. Pn.:-operating and start-up costs should include, but are not limited
to. the following: Obtaining necessary government approval; establishing stations; introdw:tory advet1ising; aircraft, equipment and space facility deposits and rent; training; and salaries earned
pnorto otart-up. (u) A signed counterpart of Agreement 18900 (OST Form 4523) as required by part 203 ofthis chapter. (v) The following certification, which shall accompany the application and all subsequent written submissions filed by the applicant in connection with lls application: Pursuant to title 18 United States Code section 1001, I [the individual signing the application, who shall be a principal owner, senior olTtcer, orinternal wunsd ofthe applicant], in my individual capaclly and as the authorized representative ofthe applicant, have
not in**~my** manner knowingly and willfully falsifted, concealed or covered up any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such :>tatcmcnts in cOtmcction with the preparation, filing or prosecution ofthe application. Iunderstand that an individual who is found to have violated the provisions of 18 LJ.S.C. section 1001 shall he fined nor more than**~10,000** or imprisoned not more than live y<:ars, orboth.



### Sec. 204.4 Carriersproposingto provideessential airservice. Applicants proposing to provideessential airservicehavebeen divided into two categories, and arc subject to differing data suhmi"ion requiremcnts as set forth in paragraphs (a) and (b) ofthis section. However, if a catTicr has previously filed any of the required data with the Department orother Federal agency and they

arc a\aiI able to the Department, and these data continue to reflect the cun·ent state of the carrier's lltness, the carrier may instead idcntify the data and provide a citation for the date and place of filing. All can·icrs may contact the Air Carrier Fitness Division to ascertain what infornmtion is already available to the Department and thus may not need to he resubmitted. (a) C'an·icrs who propose to begin or expand non-subsidized essenttal air service when the incumbent leaves the market must file the following information: (I)All ofthe infom1ation required under Sec. 204.3 ofthis part. (2) A description of the back-up aircraft available to the applicant. induding: (i) The numb.:r ofeach type ofsuch aircraft; (ii) The conditions under which such aircraft will he a>ailahk· to the can1cr; (iii) The carrier's plans for financing the acquisition

or lease ofsuch additional aircrdft; and (iv) A sworn affidavit stating that all such aircraft have been cettified by the FAA and currently comply with all FAA safety standards. (3) A description of the fuel available to perforn1 the proposed essential airservices and the carrier's contracts with fuel suppliers.(4) The carrier's systemwide on-time and completion record for the preceding year and, if applicable, in the subject market(s). (5) A list ofthe markets the carrier serves and the number ofweekly round trips it providesin each. (6) A description of the average number of block hours each type ofaircraftiscurrently flown perday. (7) 

### An estimate of the impact the proposed essential air service would have onthecarrier's utilization ofits aircraft fleet. (8} A detailed schedule of the service to be provided, including times ofarrivals and departures, the aircraft to be used for each flight, and the fares to be charged. (9) A pro-forma income statement for the proposed operation for the flrst annual period. (b) Carriers ftling proposals to provide subsidized service in response to an orderinviting proposals shall file: (I)All ofthe informationrequired under Sec. 204.3 ofthis part. (2} All ofthe inforn1ation required under paragraph (a) of this section. (3) A forecast Income Statement covering the operations conducted in essential air service for the first year following the initiation of the proposed essential services. Such statement shall include: (i) Subsidy needed; (ii} Estimated block hours and revenue miles by type ofaircraft; (iii) Total projected revenue including volumes of passengers and freight by essential air service market and the associated fares and rates; (iv)

### An explanationofthederivation ofestimates of operatingexpenses; and (v) A description ofthe manner in which costs and

revenues are allocated. (4) A traffic forecast including a load factor analysis on all segments between the small community and the hub; and an estimate of the number of seats available to and from the eligible pointeach day.



### Sec. 204.5 Certificated and commuter air carriers undergoing

or proposing to undergo substantial change in operations, ownership,ormanagement. (a) A certificated or commuter air carrier proposing a substantial change in operations, ownership or management shall llle the data
setforth in Sec. 204.3. Thesedata must be submitted in cases where: (I) The proposed change requires new or amended authority, or (2) Although the carrier's existingcertificateorconunuter authority is adequate for the perforn1ance ofits planned services, the change substantially alters the factors upon which its latest fitness finding is based. (b) lnfonnation which a canier has previously formally filed with the Departm.:nt, or with another Federal agency where they arc available to the Department, which continues to rctlect the cun·cnt state of the carrier's fitness may he omitted. The caJTier instead should identify the data and provide a citation for the datc(s) and place(s) offiling. Prior to filing any data. the carrier may contact the Department (Air Carriers Fitness Division) to ascertain what data required by this section, if any, are already available to the Department or are not applicable to the substantial change in question and need not be included in the filing. (c) Information filings pursuant to this section made to support

an application for new or amendedcertificate authority shall he filed with the application and addressed to the Dontmentary Services Division. Department of Transportation. 400 Seventh Street, SW

.. Washington, OC 20590. Information filed in suppon of a certificated or commuter air carrier's continuing fitness to operate under its existing authority in light of substantial changes in its operations, ownership or management shall be addrc"cd to the Chief, Air Carrier Fitness Division, Dcpat'tmcnt of Transpot1ation. 400 Seventh Street, SW., Washington, DC' 205YO.



### Sec. 204.6 Certificated and commuter air carriers proposing a change in operations, ownership, or management which is not substantial.

Carriers proposing to mak.: a ..:hange whi..:h would not substantially affect their operations, management. or ownership. such as certificated carriers applying for aJditional authority whi..:h would not substantially change theiroperations. will bt: prcosumed to be fit and need not file any inforn1ation rdating to thcoir lltne:.s at time ofthe change. However, ifthe Department concludes. from 

### iu.

own analysis orbased on infom1ation submitted by third parties. that such change may bring the carrier's lltness into question. the Department may require the applicant can·icr to file additional information.



### Sec. 204.7 Revocation for dormancy. (a) 

### An air carrier that has not commenced any type of air transpottation operations for which it was found fit, willing. and able within oneyear ofthe date ofthat finding, oran air carrierthat, for any period of one year after the date of such a finding. has not provided any type ofairtransportation for which that kind ofllntling is required, is deemed no longer to continue to be lit to provide the air transpottation for which it was found fit and, accorJingly.**it~** authority to provide such air transportation shall be n:vokcd. (b) An air carrier found Ill which commences opcorations within one year after being found lit but then ceases operations. shall not resume operations without first tiling all of the data required by Sec. 204.3 at least 45 days before it intends to provide any such air transportation. Such lllings shall he adJresscd to the Department of Transportation Dockets. 400 Seventh Street. SW., Washington, OC 20590. The Depattment will elllcttain requests for exemption from this 45-day avvance filing requirement for good

cause shown. Ifthere has be<!n no change in lltness data previously formally filed with the Depark;ncnt. the canicr shall file a sworn statementto that effect signed by oneofits ofllccr:.. The catTier mayc,,ntac'l the Dcpanmcnt lAir Camer Fitnc"' Division) to ascertain v.hich llata are alreally available to the Department and need not be n:filt:ll. A caiTier to whkh this paragraph applies shall not provide any air transportation for which it is required to befound fit, willing, anll ahlt: until the Departmo:m decides that the caniercontinuesto be fit, willing, and able to perfom1 such air transportation. During the pcnllcncy of the Department's consideration of a data submission**und~:r** this paragraph, the expiration period set out in paragraph (a) of thi., section shall be >tay<.'d. If the decision or finding by the Department on the issue ofthe carrier's fitness is favorable, the date

or that llccio;ion or finding shall he the date considered in applying paragraph (a)ofthis section. (c) For purposes of this section, the llate of a Department llccision or finding shall bt: the service date of the Department's orller containing such decision or finding, or, in cases where the Department's llecision or finding is made by letter, the date of such ktter. (d) For purposes of this section, references to operations and to the provilling of air transportation shall refer only to the actual perfonnance of !light optTdtions under an operating certificate io,suc:d. to the can·i.:r by the FAA.