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1986 - January DOT Ord. & Dec. [1] (January, 1986)

handle is hein.usfed/dotod0359 and id is 1 raw text is: /2- Order 86-1-1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SF(RETARY -WASHINGTON, D.C. Issued by the Department of Transportation on the 2nd day of January, 1986 Applicationof :- - -- - -- --SERVED JAN 9196 AVAIR, INC. Docket 43552 for a certificate of public convenience and necessity to engage in scheduled interstate and overseas air transportation: (RDER DISMISSING APPLICATION On November 5, 1085, AVAir, Inc., a commuter air carrier, filed an appliation with the Department, requesting the issuance of a certificate of public convenience and necessity to engage in scheduled interstate and overseas air transportation in Docket 43552. On December 19, 1985, the applicant filed a notice of withdrawal of its application. AVAir states that, at the time of its application, a covenant in a financing agreement essential to the carrier required that it obtain a certificate under section 401 of the Act. but that a subsequent amendment to that agreement omits the certificate requirement. It has decided, therefore, not to prosecute its application at this time. Since we have no reason to continue the proceeding, we Will dismiss AVAir's applica- tion without prejudice to refiling at a later time. ACCORDINGLY acting under authority assigned by the Department in its Regulations, 14 CFR 385.13, we dismiss the application in Docket 43552 without prejudice. Persons entitled to petition for review of this order under the Department's Regulations, 14 CFR 385.50, may file their petitions within ten days after the date of service of this order. This order shall be effective and become the action of the Department of Transportation upon expiration of the above period unless within such period a petition for Department review is filed or the Department gives notice that it will review this order on its own motion. By: PAUL L. RETCH Director, Office of Aviation Operations (SEAL)