Order 2013-11-20

Served: November 25, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 25th day of November, 2013

Fitness Determination of

ULTIMATE JETCHARTERS, LLC

 d/b/a ULTIMATE AIR SHUTTLE

as a commuter air carrier under 49 U.S.C.§41738

Docket DOT-OST-2013-0018

 

ORDER TO SHOW CAUSE

PROPOSING ISSUANCE OF COMMUTER AUTHORITY

Summary

By this order, we tentatively find that Ultimate JETCHARTERS, LLC d/b/a Ultimate Air Shuttle 

(“ULTIMATE”) is a citizen of the United States and is fit, willing, and able to conduct scheduled 

passenger operations as a commuter air carrier, subject to conditions.

Background

Section 41738 of Title 49 of the United States Code (“the Transportation Code”) and section 

298.21(d) of the Department’s Aviation Economic Regulations (14 CFR 298.21(d)) direct us to 

determine whether companies proposing to provide scheduled passenger service as commuter air 

carriers are “fit, willing, and able to perform the service,” and to ensure that all operations 

relating to this service conform to the safety standards established by the Federal Aviation 

Administration (“FAA”). In making fitness findings, the Department uses a three-part test that 

reconciles the Airline Deregulation Act’s liberal entry policy with Congress’ concern for 

operational safety and consumer protection. The three areas of inquiry that must be addressed in

order to determine an air carrier’s fitness are whether the applicant: (1) will have the managerial 

skills and technical ability to conduct the proposed operations, (2) has sufficient financial 

resources to commence the operations proposed without posing an undue risk to consumers or 

their funds, and (3) will comply with the Transportation Code and regulations imposed by 

federal and state agencies. We must also determine that the applicant is a U.S. citizen. 

On January 23, 2013, ULTIMATE, an on-demand air taxi and operating under 14 CFR Part 298

(“Part 298”) of the Department’s regulations and 14 CFR Part 135 (“Part 135”) of the Federal 

Aviation Regulations, filed an application in Docket DOT-OST-2013-0018 for authority to 

conduct scheduled passenger operations as a commuter air carrier. The air carrier accompanied 

its application with fitness information required by section 204.3 of our regulations and 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

supplemented its application with additional information on March 18, April 18, June 17, and 

September 9, 2013.

No answers opposing ULTIMATE’s application were filed and no special issues regarding the 

applicant have come to our attention. Under these circumstances, we propose to decide the issue 

of the applicant’s fitness on the basis of the written record, and we tentatively conclude that 

ULTIMATE is a U.S. citizen and is fit, willing, and able to provide scheduled passenger 

operations as a commuter air carrier. However, we will give interested persons an opportunity to 

show cause why we should not adopt as final these tentative findings and conclusions.

FITNESS

The Company

ULTIMATE was originally formed on April 19, 1984, as an Ohio corporation under the name

Gordon Air Management, Inc. (“Gordon Air”), providing air taxi services from North Canton, 

Ohio, using Cessna 340 and MU-2 aircraft. In 2001, the company acquired a 30-seat FairchildDornier 328-300 (“DO- 328 Jet”) jet aircraft and obtained FAA approval to operate aircraft with 

10 seats or more. At that time, the company began operations using the trade name “Ultimate 

Jet.”

On April 30, 2003, the owners of Gordon Air formed ULTIMATE, an Ohio corporation, and 

transferred all of Gordon Air’s assets to the newly-created company, with the owners, directors, 

officers, and managers of Gordon Air becoming the owners, directors, officers and managers of

ULTIMATE. Subsequently, Gordon Air was dissolved in 2004. In 2007, ULTIMATE was 

acquired by Ultimate Jet Charter Acquisitions, Inc. (“Acquisitions”), a Deleware corporation. In 

2010, Acquisitions sold ULTIMATE to Ultimate Jet, LLC (“Ultimate Jet”), an Ohio limited 

liability company created by Wooster Ohio Investments, LLC (“Wooster”)1 (91.67 percent) and 

Minnesota Airventures, LLC (“Minnesota”)2 (8.33 percent) for the sole purpose of acquiring 

ULTIMATE. On September 28, 2010, the applicant converted its entity type from an Ohio “C” 

corporation to an Ohio limited liability company and changed its name from Ultimate 

JETCHARTERS, Inc. to Ultimate JETCHARTERS, LLC.

 

 

1 The former owners of ULTIMATE, along with other investors, contributed capital to Wooster, an 

Ohio limited liability company, which then provided 91.67 percent of the capital to acquire ULTIMATE. 

Wooster is owned by 12 U.S. citizens and is managed by Mr. Gary Underhill, a U.S. citizen and 7.94 

percent owner of Wooster.

2 Minnesota is a Minnesota limited liability company equally owned by Tony P. Trimble Revocable 

Trust and James W. Wilde Revocable Trust, both of which are U.S. citizens. The company is managed 

by Mr. Tony P. Trimble, a U.S. citizen.
3

Managerial Competence

ULTIMATE’s management and key personnel consist of the following individuals, each of 

whom is a U.S. citizen. 

John C. Gordon President/Manager

Carol Mullens Controller

David Parsons Director of Operations

David Denes Director of Maintenance

Joseph Maguire Director of Safety

Rodney Eby Chief Pilot

James Vidman Chief Inspector/Director of Quality Assurance

Mr. John C. Gordon has served as President/Manager of ULTIMATE (previously Gordon Air) 

from April 1984 to present. Before that, Mr. Gordon was a Corporate Pilot for Crane Howard 

Lithograph (1978-1984) and a Pilot and Flight Instructor for Akron Aviation Company

(1972-1978). Mr. Gordon also served in the U.S. Navy (1966-1972). He holds an Airline 

Transport Pilot certificate with a DO-328 Type Rating and has over 15,000 hours total flight 

time. Mr. Gordon attended Kent State University and Spartan School of Aeronautics.

Ms. Carol Mullins has served as Controller with ULTIMATE since June 2006. She previously 

held positions in Accounting Services with Cool Breeze Corporation (1993-2005), Schlabig &

Associates (1991-1993), and Loral Defence Systems (1985-1991). Ms. Mullins holds a B.S. 

degree in Accounting and a B.S. degree in Mathmatics from the University of Akron.

Mr. David Parsons has served as ULTIMATE’s Director of Operations since March 2007. He 

also serves as the company’s Check Airman (2005-present) and as a line Captain (2003-present). 

Mr. Parsons previously was employed as a First Officer (B-757/767 and B-737) with US 

Airways (1999-2001) and a Captain (DO-328) for PSA Airlines (1996-1999). He holds an 

Airline Transport Pilot certificate with B-767, B757, B-737, and DO-328 type ratings and has 

over 11,800 hours total flight time. Mr. Parsons holds a B.S. degree in Aviation Management 

from Southern Illinois University.

Mr. David Denes has served as ULTIMATE’s Director of Maintenance since February 2005. He 

was previously employed as a Line Maintenance Lead Technician for Mesa Airlines (2002-2004) 

and as a Heavy Inspection Technician for US Airways (2000-2002). Mr. Denes was also 

employed as a Maintenance Technician for PSA Airlines (1999-2000) and MHF Aviation 

(1998-1999). He holds an Airframe & Powerplant Mechanic license and an A.A. degree in 

Technology from Pittsburgh Institute of Aeronautics.

Mr. Joseph Maguire has been the Director of Safety for ULTIMATE since July 2011. He began 

employment as a Pilot with the company in April 2002. He holds an Airline Transport Pilot 

certificate with various type ratings and has accumulated over 13,000 hours total flight time. 

Prior to his employment with ULTIMATE, Mr. Maguire was employed as a Pilot with Air 

Camis (1993-2000), Gorgon Air (1998-2000), and D&S Distributions (1998-1999). 

Mr. Maguire worked as an Air Traffic Control Assistant and in aircraft and auto sales (1982-

1993) and was employed as a Corporate Pilot (1979-1982) and in aircraft repair and product 
4

inspection (1964-1979). Mr. Maguire served in the United States Marine Corps from 1969 to 

1972.

Mr. Rodney Eby has served as the company’s Chief Pilot since February 2011. He began 

employment as a Pilot for the company in February 2001. Prior to this, Mr. Eby was a Flight 

Instructor at Jim Long Aviation from 1997 until 2001. Mr. Eby earned an A.A. degree in 

Aviation from Heston College and holds an Airline Transport Pilot certificate with type ratings 

in SBR-1 and DO-328J aircraft.

Mr. James Vidman has been ULTIMATE’s Director of Quality Assurance/Chief Inspector since 

May 2006. Previously, he was employed by Mesa Airlines, serving as a Mechanic and later as a 

Lead Mechanic (1997-2006). Mr. Vidman has received technical training at a number of 

manufacturers’ training programs including Dornier Factory Training on the DO-328.

In view of the experience and background of the applicant’s key personnel, we tentatively 

conclude that ULTIMATE has demonstrated that it has both senior management and key 

technical personnel who have the managerial skills and technical ability to support its proposed 

operations. Moreover, the FAA has advised us that they know of no reason to act unfavorably 

on the company’s commuter application.

3

Operating Proposal and Financial Plan

Currently, ULTIMATE operates as an air taxi and fixed base operator located at the AkronCanton Regional Airport providing on-demand corporate shuttle services to Fortune 500 

companies, sports teams, casinos, and groups of travelers throughout the United States. The 

applicant also serves as a public charter operator for public charter flights under Part 380 of the 

Department’s regulations (14 CFR Part 380) using the trade name Ultimate Air Shuttle and 

offering four weekly round trip flights for each public charter city pair. The public charter city 

pairs are: 

Cincinnati, Ohio (LUK) - Morristown, New Jersey (MMU)

Cincinnati, Ohio (LUK) - Chicago, Illinois (MDW)

Cincinnati, Ohio (LUK) - Chartotte, North Carolina (CLT)

Detroit, Michigan (TIP) - Columbus, Indiana (BAK)

ULTIMATE proposes to increase the frequency of its public charter flights, particularly in the 

Cincinnati (LUK) – Chicago (MDW) market. The applicant intends to offer two round trip

flights per day on Mondays and Thursdays and one round trip flight per day on Tuesdays, 

Wednesdays, and Fridays, for a total of seven round trip flights per week in this city pair market. 

ULTIMATE does not contemplate changes to the other public charter city pairs at this time. 

 

3 Before authorizing an air carrier to conduct air transportation operations, the FAA also evaluates certain of the 

air carrier's key personnel with respect to the minimum qualifications for those positions as prescribed in the FARs. 

The FAA’s evaluation of these key personnel provides an added practical and in-person test of their skills and 

technical ability. 
5

In establishing financial fitness, the Department typically asks an applicant to demonstrate that it 

has access to financial resources sufficient to cover its pre-operating expenses and any negative 

working capital balance, plus a working capital reserve equal to the operating costs that are 

reasonably projected to be incurred during three months of “normal” operations. Because 

projected expenses during the first several months of air service frequently do not include all 

costs that will be incurred during a “normal” period of operations, it is our practice to base our 

three-month test on one-quarter of the first year’s operating costs. Further, in calculating 

available resources, projected revenues may not be used.

ULTIMATE provided forecasts of its pre-operating costs and its first-year operating expenses 

associated with its current and proposed commuter operations. The applicant will use its current 

fleet of 8 DO-328 aircraft and since the proposed services will add approximately 254 flight 

hours per year or approximately 4.9 hours per week, ULTIMATE does not anticipate the need to 

add additional aircraft, crew, or any other infrastructure or support services to accommodate the 

increase in flight hours. Therefore, ULTIMATE expects to incur only the incremental costs 

associated with expanding its existing air taxi operations to commuter air carrier operations. 

Specifically, ULTIMATE projects that it will incur $15,000 in pre-operating expenses, which are 

related solely to marketing its expanded operations, and approximately $39.87 million in firstyear expenses. Based on these forecasts, we find ULTIMATE’s projections to be reasonable and 

estimate that it will require approximately $9.98 million to meet our financial fitness criteria.4

In support of its ability to fund its proposed commuter operations, ULTIMATE submitted thirdparty verification that is has a line-of-credit for $750,000 from Fifth-Third Bank of Akron, 

Ohio.5 Additionally, ULTIMATE states that adequate funding to cover the direct incremental 

flight expenses for the first three months can be generated internally. 

The applicant also submitted historical and current financial statements showing ULTIMATE’s 

financial posture. For calendar year 2011, the company earned net income of $1.64 million on 

operating revenues of $33.92 million. For calendar year 2012, ULTIMATE reported a net 

income of $2.77 million on operating revenues of $41.34 million. For the 7 month period ending 

July 18, 2013, ULTIMATE reported net income of $1.66 million on operating revenues of 

$19.64 million. ULTIMATE submitted a balance sheet on July 18, 2013, that shows the 

company has current assets of $9.62 million and current liabilities of $6.33 million giving the air 

carrier positive working capital of $3.29 million and a current ratio of 1.52:1. In this same 

report, the company reported total equity of $8.48 million. 

In light of the above, we tentatively conclude that ULTIMATE will have access to sufficient 

financial resources to enable it to commence the proposed operations without posing an undue 

risk to consumers or their funds.

6

 

4 The $9.98 million noted above consists of the applicant’s pre-operating expense forecast of $15,000 plus 

$9.96 million, which is one-quarter of ULTIMATE’s estimated first-year expenses. 

5 An additional Fifth-Third Bank letter, dated August 14, 2013, confirms that of the original $750,000 

line-of-credit, $500,000 is currently available and is reserved to support ULTIMATE’S DOT requirements for the 

proposed expanded service.

6 As is our practice, prior to making any authority awarded to ULTIMATE effective, we will require the 

company to demonstrate that it continues to have the financial resources needed to meet our financial fitness criteria. 
6

Compliance Disposition

The applicant states that there are no actions or outstanding judgments against it, persons holding 

a substantial interest in it, or its key personnel, and that none of these parties have been the 

subject of any charges of unfair, deceptive or anti-competitive business practices, or of fraud, 

felony or antitrust violations, or other legal action during the past ten years. ULTIMATE also 

states that there are no pending investigations, enforcement actions, or formal complaints 

involving the applicant, persons holding a substantial interest in it, or its key personnel with 

respect to compliance with the Statute or the Department’s regulations.

Our search of the Department’s records found no compliance problems with ULTIMATE and 

our review of FAA records indicates that ULTIMATE has not been involved in any incidents or 

accidents in the last five years. In light of these circumstances, we tentatively conclude that 

ULTIMATE has the proper regard for the laws and regulations governing its services to ensure 

that its aircraft and personnel conform to applicable safety standards, and that acceptable 

consumer relations practices will be followed.

CITIZENSHIP

Section 41102 of the Transportation Code requires that an applicant for commuter authority to 

engage in air transportation be held only by citizens of the United States as defined in 49 U.S.C. 

40102(a)(15). That section requires that the president and two-thirds of the Board of Directors 

and other managing officers be U.S. citizens, that at least 75 percent of the outstanding voting 

interest be owned by U.S. citizens, and that the air carrier must be under the actual control of

U.S. citizens.

As noted earlier, ULTIMATE is wholly owned by Ultimate Jet (100 percent), which is majority 

owned by Wooster (91.67 percent), an Ohio limited liability company, with the remaining owned 

by Minnesota (8.3 percent), a Minnesota limited liability company. Wooster’s ownership is 

divided among 12 U.S. citizen individuals/trusts and Minnesota’s ownership is divided equally 

between Mesrrs. Trimble and Wilde, each of whom is a U.S. citizen. Further, all of 

ULTIMATE’s key management and technical personnel are U.S. citizens and Ultimate has 

provided an affidavit attesting that it is a citizen of the United States within the meaning of the 

Statute and that it is actually controlled by U.S. citizens. Our review of the applicant’s 

citizenship has uncovered no reason to suggest that control of ULTIMATE rests with non-U.S. 

citizens.

Based on the above, we tentatively find that ULTIMATE is owned and actually controlled by 

U.S. citizens, consistent with 49 U.S.C. 40102(a)(15) and is fit, willing, and able to provide the 

proposed scheduled passenger operations, subject to conditions.

OBJECTIONS

We will give interested persons 14 days following the service date of this order to show cause 

why the tentative findings and conclusions set forth here should not be made final; answers to 

objections will be due within 7 days thereafter. We expect such persons to direct their 
7

objections, if any, to the application and points at issue and to support such objections with 

detailed economic analyses. If an oral evidentiary hearing or discovery procedures are 

requested, the objector should state in detail why such a hearing or discovery is considered 

necessary, and what material issues of decisional fact the objector would expect to establish 

through a hearing or discovery that cannot be established in written pleadings. The objector 

should consider whether discovery procedures alone would be sufficient to resolve material 

issues of decisional fact. If so, the type of procedure should be specified (See 14 CFR Part 302, 

Sections 19 and 20); if not, the reasons why not should be explained. We will not entertain 

general, vague, or unsupported objections. If no substantive objections are filed, we will issue an 

order that will make final our tentative findings and conclusions with respect to ULTIMATE’s 

fitness and certification.

EFFECTIVE COMMUTER CONDITIONS & LIMITATIONS

If ULTIMATE is found fit and issued the Commuter Air Carrier Authorization it seeks, its 

authority will not become effective until the company has fulfilled all requirements for 

effectiveness as set forth in the terms and conditions attached. Among other things, this includes 

our receipt of evidence that ULTIMATE has been certified by the FAA to engage in the subject 

operations, a fully executed OST Form 6410 evidencing liability insurance coverage that meets 

the requirements of section 205.5(b) of our rules for all of its aircraft, third-party verification of 

available funding necessary to meet the Department’s fitness requirements, and a statement of 

changes it may have undergone since its fitness was examined.

Given the relatively limited scope of ULTIMATE’s proposed operations, we propose to limit any 

authority issued to the applicant to operations conducted under Part 135. Should ULTIMATE

subsequently desire FAA certification under Part 121, or certificate authority under 49 U.S.C. 

§41102, it must first be determined for for such operations.7

Furthermore, we remind ULTIMATE of the requirements of 49 U.S.C. §41110(e). Specifically, 

that section requires that, once an air carrier is found fit initially, it must remain fit in order to 

hold its authority. To be assured that air carriers continue to be fit after effective authority has 

been issued to them, we require that they supply information describing any subsequent 

substantial changes they may undergo in areas affecting fitness. Therefore, if ULTIMATE is 

issued an effective commuter authorization and should it subsequently propose substantial 

changes in its ownership, management, or operations, it must first comply with the requirements 

 

7 Operations under FAA Part 121 require the air carrier to have access to additional funds to compliy with 

additional regulations and hire additional management personnel.
8

of section 204.5 of our rules.8 The compliance of the company with this requirement is essential 

if we are to carry out our responsibilities under section 41110(e).

9

Additionally, if ULTIMATE is granted effective authority, it would be required to submit a 

detailed progress report, within 45 days following the end of the first year of actual flight 

operations, to the Air Carrier Fitness Division. The submission of a first year progress report is 

conditioned upon all newly authorized air carriers and was adopted as policy by the Department 

to aid in monitoring the fitness of new air carriers. The report should include a description of the 

air carrier’s current operations (number and type of aircraft, principle markets served, total 

number of full-time employees), a summary of how its operations have changed during the year, 

a discussion of any changes it anticipates from its current operations during its second year, 

current financial statements,10 and a listing of current senior management and key technical 

personnel. The air carrier should also be prepared to meet with staff members of the Fitness 

Division to discuss its current and future operations.

ACCORDINGLY,

1. We direct all interested persons to show cause why we should not issue an order finding that 

Ultimate JETCHARTERS, LLC d/b/a Ultimate Air Shuttle is fit, willing, and able under 49 

U.S.C. § 41738 to provide scheduled passenger service as a commuter air carrier using small 

aircraft pursuant to Part 135 of the Federal Aviation Regulations.

2. We direct any interested persons having objections to the issuance of an order making final 

any of the proposed findings, conclusions, or award of authority set forth here to file them with 

Department of Transportation Dockets, Room W12-140, 1200 New Jersey Ave. SE, Washington, 

D.C. 20590, in Docket DOT-OST-2013-0018 and serve them upon all persons listed in 

Attachment A no later than 14 days after the service date of this order; answers to objections 

shall be filed no later than 7 days thereafter.

 

8 The air carrier may contact our Air Carrier Fitness Division to report proposed substantial changes in its 

operations, ownership, or management, and to determine what additional information, if any, will be required under 

section 204.5. In addition, by notice dated July 21, 1998, the Department requested air carriers to provide a 30-day 

advance notification of any proposed change in ownership, restructuring, or recapitalization. If the air carrier fails to 

file this updated information or if the information fails to demonstrate that the air carrier will continue to be fit upon 

implementation of the substantial change, the Department may take such action as is appropriate, including 

enforcement action or steps to modify, suspend, or revoke the air carrier's commuter authority.

9 We also remind ULTIMATE about the requirements of section 204.7 of our rules. This section provides, among 

other things, that (1) the commuter authority granted to a company shall be revoked if the company does not 

commence actual flying operations under that authority within one year of the date of the Department's 

determination of its fitness; (2) if the company commences operations for which it was found fit and subsequently 

ceases such operations, it may not resume commuter operations unless its fitness has been redetermined; and (3) if 

the company does not resume operations within one year of its cessation, its authority shall be revoked for 

dormancy.

10 These financial statements should include a balance sheet as of the end of the company’s first full year of 

commuter flight operations and a 12-month income statement ending that same date.
9

3. If timely and properly supported objections are filed, we will accord full consideration to the 

matters or issues raised by the objections before we take further action.11

4. In the event that no objections are filed, we will consider all further procedural steps to be 

waived and we will enter an order making final our tentative findings and conclusions.

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

6. We will publish a summary of this order in the Federal Register.

By:

SUSAN L. KURLAND

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

 

11 Since we have provided for the filing of objections to this order, we will not entertain petitions for 

reconsideration.
Attachment

SPECIMEN 

Terms, Conditions, and Limitations

ULTIMATE JETCHARTERS, LLC

d/b/a ULTIMATE AIR SHUTTLE

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, 

however, 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’s authority is limited to operations conducted pursuant to Part 135 of the 

Federal Aviation Regulations. In the event that the holder wishes to institute operations that 
2

would require Part 121 certification from the FAA, it must first be determined fit for such 

operations.

(5) 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.

(6) The holder's authority under this certificate is effective only to the extent that such 

operations are also authorized by the Federal Aviation Administration (FAA), and comply with 

all U.S. Government requirements concerning security, including, but not limited to 49 CFR Part 

1544.



(7) The holder shall at all times remain a "Citizen of the United States" as required by 49 

U.S.C. 40102(a)(15).

(8) 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.

(9) 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 by 

section 337 of the Department of Transportation and Related Agencies 

Appropriations Act, 1998. 

(10) 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.

(11) 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 

 

 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.
3

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.
Attachment A

SERVICE LIST FOR

ULTIMATE 

JETCHARTERS LLC

JOHN C GORDON

PRESIDENT

ULTIMATE JETCHARTERS 

LLC

6061WEST AIRPORT DRIVE 

NORTH CANTON OH 44720

PETER LYNCH

ASST. CHIEF COUNCEL FOR

ENFORCEMENT, AGC-300

FEDERAL AVIATION

ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MARK MAZOR

MANAGER

CERTIFICATION& 

EVALUATION PROGRAM

OFFICE

FAA AFS-900

45005 AVIATION DRIVE

SUITE 131

DULLES VA 20166

SUSAN B JOLLIE

7503 WALTON LANE

ANNANDALE VA 22003

OFFICE OF AIRLINE

INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

THOMAS J LEAHY

PRINCIPAL OPERATIONS

INSPECTOR

CLEVELAND FSDO

25249 COUNTRY CLUB BLVD

NORTH OLMSTED OH 44070