[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR204.7]

[Page 17]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 204--DATA TO SUPPORT FITNESS DETERMINATIONS--Table of Contents
 
                     Subpart B--Filing Requirements
 
Sec. 204.7  Revocation for dormancy.

    (a) An air carrier that has not commenced any type of air 
transportation operations for which it was found fit, willing, and able 
within one year of the date of that finding, or an air carrier that, for 
any period of one year after the date of such a finding, has not 
provided any type of air transportation for which that kind of finding 
is required, is deemed no longer to continue to be fit to provide the 
air transportation for which it was found fit and, accordingly, its 
authority to provide such air transportation shall be revoked.
    (b) An air carrier found fit which commences operations within one 
year after being found fit but then ceases operations, shall not resume 
operations without first filing all of the data required by Sec. 204.3 
at least 45 days before it intends to provide any such air 
transportation. Such filings shall be addressed to the Documentary 
Services Division, Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590. The Department will entertain requests for 
exemption from this 45-day advance filing requirement for good cause 
shown. If there has been no change in fitness data previously formally 
filed with the Department, the carrier shall file a sworn statement to 
that effect signed by one of its officers. The carrier may contact the 
Department (Air Carrier Fitness Division) to ascertain which data are 
already available to the Department and need not be refiled. A carrier 
to which this paragraph applies shall not provide any air transportation 
for which it is required to be found fit, willing, and able until the 
Department decides that the carrier continues to be fit, willing, and 
able to perform such air transportation. During the pendency of the 
Department's consideration of a data submission under this paragraph, 
the expiration period set out in paragraph (a) of this section shall be 
stayed. If the decision or finding by the Department on the issue of the 
carrier's fitness is favorable, the date or that decision or finding 
shall be the date considered in applying paragraph (a) of this section.
    (c) For purposes of this section, the date of a Department decision 
or finding shall be the service date of the Department's order 
containing such decision or finding, or, in cases where the Department's 
decision or finding is made by letter, the date of such letter.
    (d) For purposes of this section, references to operations and to 
the providing of air transportation shall refer only to the actual 
performance of flight operations under an operating certificate issued 
to the carrier by the FAA.

(Approved by the Office of Management and Budget under control number 
2106-0023)