+-----------------+----------------------------------------------------+
| ![](m           | **UNITED STATES OF AMERICA**                       |
| edia/image1.wmf |                                                    |
| ){width="0.9277 | **DEPARTMENT OF TRANSPORTATION**                   |
| 777777777778in" |                                                    |
| height="0.93888 | **OFFICE OF THE SECRETARY**                        |
| 88888888889in"} |                                                    |
|                 | **WASHINGTON, D.C.**                               |
+-----------------+----------------------------------------------------+

Issued by the Department of Transportation

on the 10^th^ day of April, 2008

+---------------------------------------------+------------------------+
| #### Fitness Determination of               | **Docket               |
|                                             | DOT-OST-2007-28724**   |
| **AIR MOLOKAI NUI, INC.**                   |                        |
|                                             |                        |
| as a commuter air carrier under section 49  |                        |
| U.S.C. § 41738                              |                        |
+---------------------------------------------+------------------------+

#  {#section .mainheading}

**FINAL ORDER**

**Summary**

By Order 2008-3-26, issued March 26, 2008, we directed all interested
persons to show cause why we should not make final our tentative
findings and conclusions that Air Molokai Nui, Inc., is a citizen of the
United States and is fit, willing, and able to engage in scheduled
passenger operations as a commuter air carrier, subject to conditions.
Interested persons were given 14 calendar days to file objections to the
order.

No objections to the show-cause order were received.

**ACCORDINGLY,**

1\. We find that Air Molokai Nui, Inc., is fit, willing, and able under
49 U.S.C. § 41738 to engage in scheduled passenger service as a commuter
air carrier.

2\. We issue Commuter Air Carrier Authorization to Air Molokai Nui,
Inc., subject to the Terms, Conditions, and Limitations attached to this
order.

3\. We will serve a copy of this order on the persons listed in
Attachment A.

By:

**MICHAEL W. REYNOLDS**

Acting Assistant Secretary

for Aviation and International Affairs

*An electronic version of this document is available on the World Wide
Web at:*

*http://www.regulations.gov*

![](media/image2.wmf){width="1.3333333333333333in"
height="1.3777777777777778in"}

***Commuter Air Carrier Authorization***

***This Certifies That***

**AIR MOLOKAI NUI, INC.**

***is authorized, subject to the provisions of Subtitle VII of Title 49
of the United States Code, the orders, rules, and regulations issued
thereunder, and the attached Terms, Conditions, and Limitations, to
engage in scheduled passenger air transportation as a commuter air
carrier.***

***This Certificate is not transferable without the approval of the
Department of Transportation.***

***By Direction of the Secretary***

***Issued by 2008-4-19 Michael W. Reynolds***

***On April 10, 2008 Acting Assistant Secretary for***

***Effective on (see attached) Aviation and International Affairs***

*Attachment*

+------------------+---------------------------------------------------+
| ![               | *Terms, Conditions, and Limitations*              |
| ](media/image2.w |                                                   |
| mf){width="1.157 | **AIR MOLOKAI NUI, INC.**                         |
| 6388888888889in" |                                                   |
| height="1.2006   |                                                   |
| 944444444445in"} |                                                   |
+------------------+---------------------------------------------------+

*is authorized to engage in scheduled passenger air transportation
operations as a commuter air carrier.*

*This authority is subject to the following provisions:*

*(1) The authority to conduct scheduled passenger operations will not
become effective until six (business) days after the Department has
received the following documents; [provided]{.underline},
[however]{.underline}, that the Department may stay the effectiveness of
this authority at any time prior to that date:*

> *(a) A copy of the holder\'s Air Carrier Certificate and Operations
> Specifications authorizing such operations from the Federal Aviation
> Administration ("FAA").*
>
> *(b) A certificate of insurance on OST Form 6410 evidencing liability
> insurance coverage meeting the requirements of 14 CFR 205.5(b) for all
> of its aircraft.*
>
> *(c) A statement of any changes the holder has undergone in its
> ownership, key personnel, operating plans, financial posture, or
> compliance history, since the date of the Show Cause Order in this
> case.*
>
> *(d) A revised list of pre-operating expenses already paid and those
> remaining to be paid, as well as independent verification that the
> holder has available to it funds sufficient to cover any remaining
> pre-operating expenses and to provide a working capital reserve equal
> to the operating costs that would be incurred in three months of
> operations.*

*(2) Pending receipt of effective authority, the holder may not accept
payment of any kind (i.e., cash, check, or credit card) or issue tickets
for scheduled passenger operations, and any advertisement or listing of
flights by the holder must prominently state: \"This service is subject
to receipt of government operating authority.\"*

*(3) The holder shall at all times conduct its operations in accordance
with the requirements of 14 CFR Part 298 and any other regulations
prescribed by the Department of Transportation for the services
authorized here, and with such other reasonable terms, conditions, and
limitations as the Department of Transportation may prescribe in the
public interest.*

*(4) The holder may not operate aircraft designed to have a maximum
passenger capacity of more than 60 seats or a maximum payload capacity
of more than 18,000 pounds.*

*(5) The holder\'s authority under this certificate is effective only to
the extent that such operations are also authorized by the FAA, and
comply with all U.S. Government requirements concerning security,
including, but not limited to 49 CFR Part 1544.*[^1]

*(6) The holder shall at all times remain a \"Citizen of the United
States\" as required by 49 U.S.C. 40102(a)(15).*

*(7) The holder shall maintain in effect liability insurance coverage as
required under 14 CFR Part 205. Failure to maintain such insurance
coverage will render this authority ineffective, and this or other
failure to comply with the provisions of Subtitle VII of Title 49 of the
United States Code or the Department\'s regulations shall be sufficient
grounds to revoke this authority.*

*(8) In the event that the holder receives effective scheduled passenger
authority, the following additional conditions will apply:*

> *(a) The holder may reduce or terminate service at any point or
> between any two points, subject to compliance with the provisions of
> 49 U.S.C. 41734 and all orders and regulations issued by the
> Department of Transportation under that section.*
>
> *(b) The holder may not provide scheduled passenger air transportation
> to or from Dallas (Love Field), Texas, except within the limits set
> forth in section 29 of the International Air Transportation
> Competition Act of 1979, as amended or as modified by any future
> legislation addressing access restrictions to or from Love Field..*

*(9) Should the holder propose any substantial changes in its ownership,
management, or operations (as that term is defined in 14 CFR 204.2(l)),
it must first comply with the requirements of 14 CFR 204.5.*

*(10) In the event that the holder does not commence actual flying
operations as a commuter air carrier under this authority within one
year of the date of the Department\'s determination of its fitness, its
commuter authority shall be revoked for dormancy. Further, in the event
that the holder commences but subsequently ceases all scheduled
passenger operations, the authority granted here shall be suspended
under the terms of 14 CFR 204.7 and the holder may neither recommence
nor advertise such operations unless its fitness to do so has been
redetermined by the Department. Moreover, if the holder does not resume
such operations within one year of its cessation, its commuter authority
shall be revoked for dormancy.*

[^1]: ^^ *To assure compliance with all applicable U.S. Government
    requirements concerning security, the holder shall, before
    commencing any new service (including charter flights) to or from a
    foreign airport, contact its Principal Security Inspector (PSI) to
    advise the PSI of its plans and to find out whether the
    Transportation Security Administration has determined that security
    is adequate to allow such airport(s) to be served.*