[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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)