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Order 2008-2-29 - Gulfstream Air Charter - Cancelling Commuter Authority
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Order 2008-2-29 Issued and Served February 25, 2008 Order Canceling Commuter Authority By Order 2005-12-14, issued December 23, 2005, the Department found GAC fit, willing, and able to conduct scheduled passenger operations as a commuter air carrier and issued to it a Commuter Air Carrier Authorization. By Order 2006-2-13, issued February 17, 2006, the Department confirmed its oral action of February 7, 2006, making the commuter authority issued to GAC effective on that date. On February 22, 2007, GAC submitted an application requesting that the Department approve a change in the air carriers name from "Gulfstream Air Charter, Inc." to "Gulfstream Connection, Inc." and reissue its commuter Authorization to reflect its new corporate name. By letter dated March 13,2007, the Department notified the air carrier that we could not process GAC's request until certain issues, namely GAC's operational status, were resolved. Based on the information available to us, we concluded that GAC had not commenced actual scheduled passenger operations. Section 204.7 of the Department's Aviation Economic Regulations (14 CFR 204.7) provides that, if an air carrier fails to conduct operations within one year of being found fit, or ceases conducting the operations for which it was found fit, its authority to conduct those operations is 'automatically suspended as of the date those operations ceased or as of the anniversary of the date the air carrier was found fit. We further stated that should GAC wish to commence operations, a redetermination of its fitness would have to be accomplished within one year of the date of this letter, that is, by March 13, 2008; otherwise GAC's commuter authority would be revoked for dormancy. On January 29, 2008, GAC notified the Department that it had no objections to the Department canceling its commuter authority prior to its March 13, 2008, revocation date. Under these circumstances, and in accordance with section 204.7 of our rules, we find it appropriate to revoke the Commuter Air Carrier Authorization made effective to GAC on February 7, 2006, by Order 2006-2-13. This action is without prejudice to the company's filing for new commuter authority in the future. By: Todd Homan |
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