Scott Aviation, Inc.

Order 2005-3-19
OST-2004-18862 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger

Issued March 14, 2005 | Served March 17, 2005

Order Dismissing Application

By letter dated January 24, 2005, we reminded Scott Aviation that we had yet to receive any information or response to our December 1, 2004, Information Request and advised it that should the carrier fail to provide the requested information within 14 days of the date of this letter, i.e., by February 7, 2005, we would dismiss its application without further notice. In that letter, we also reminded the applicant that the information for which we denied confidential treatment had not been submitted in the public record, and notified the applicant that unless this material was filed immediately, further delays in processing its application would result.

The Department fully expects an applicant for certificate authority to be prepared to prosecute its application at the time it is filed. While we are willing to work with applicants in the certification process and, where warranted, allow additional time to file information, we cannot allow applications to remain pending indefinitely, particularly where applicants are non- AGS Partnership, which shares the same ownership as Scott Aviation, holds authority under 14 CFR Part 125, to engage in private carriage operations. By Order 2004-2-7, issued February 9, 2004. the Department found that AGS Partnership had violated 49 U.S.C. § 41101 by engaging in air transportation without appropriate economic authority, which is an unfair and deceptive practice and an unfair method of competition under 49 U.S.C. § 41712. In this consent order, the Department directed AGS Partnership and all other entities owned and controlled by, or under common ownership and control with AGS Partnership and their successors and assignees, to cease and desist from further similar violations, and assessed the company $65,000 in civil penalties. To date, AGS Partnership has not paid its civil penalties.

By: Randall Bennett