Order 2011

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Served: February 2 , 2011

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 22 nd day of November , 20 10

Application of

NATIONAL AIR CARGO GROUP, INC.
d/b/ a NATIONAL AIRLINES

f or an amended certificate of public convenience and necessity under 49 U.S.C. 41102 to engage in foreign charter air transportation of persons, property

, and mail Docket DOT

- OST

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- 0 215

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2010

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- 2 5, issued November 22 , 2010 , we found National Air Cargo Group, Inc. d/b/a National Airlines (“National Airlines”) fit, willing, and able to engage in interstate and foreign passenger charter air transportation. By that order, we re issued t he interstate cargo charter certificate of public convenience and necessity issued to National Airlines by Order

2006

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- 20 to authorize it to engage in interstate charter air transportation of persons, property,

and mail.

By this order, we are re issuing the foreign cargo charter certificate of public convenience and necessity issued to National Air Cargo Group, Inc. d/b/a National Airlines by Order 2006

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- 20 to authorize it to engage in foreign charter air transportation of persons, property, and mail. Instead of repeating our findings and conclusions in Order 2010

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- 2 5

, we incorporate them here by reference.

ACCORDINGLY

,

1. We reissue the foreign cargo charter certificate of public convenience and necessity issued to National Air Cargo Group, Inc. d/ b/a National Airlines by Order 2006

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- 20 to authorize it to engage in foreign charter air transportation of persons, property, and mail.

2. Unless disapproved by the President of the United States under section 41307 of the Transportation Code, this orde r shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee2

under Executive Order 12597 and implementing regulations that he or she does not intend to disap prove the Department's order under that section, whichever occurs earlier. 1

3. We direct that should National Air Cargo Group, Inc. d/b/a National Airlines want to operate more than 3 cargo aircraft and 1 passenger aircraft, it must first notify the Depar tment in writing at least 45 days prior to the proposed change in operations and demonstrate its fitness to conduct such operations before their commencement.

4. We direct National Air Cargo Group, Inc. d/b/a National Airlines to submit to the Air

Carrier Fitness Division a first

- year progress report within 45 days following the end of its first year of certificated operations. 3

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

By:

SUSAN L. KURLAND Assistant Secretary

for A viation and International Affairs

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 This order was submitted for section 41307 review on November 22, 2010 . T he 61 st day was January 24, 2011

. Since the President’s designee did not disapprove this order before that date, it became effective on January 24, 2011.

2 The report shall include a description of National Airlines current operations (number and type of aircraft, principal markets served, total number of full

- time and part

- time employees), a summary of how these operations have changed during the year, a discussion of any changes it anticipates from its current operations during its second year, current financial statements (including a balance sheet at the end of its first year of flight operations

and a 12

- month income statement ending that same date), and a listing of current senior management and key technical personnel.

# Certificate of Public Convenience and Necessity for Foreign Chart er Air Transportation

(as reissued)

This Certifies That



## NATIONAL AIR CARGO GROUP, INC.

d/b/a NATIONAL AIRLINES

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United States Code, the orders, rules, and regulations issued th ereunder, and the attached Terms, Conditions, and Limitations, to engage in foreign charter air transportation of persons, property, and mail.

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

By Direction of the Secretary

Issued by Order 2011

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- 26 Susan L. Kurland

On November 22, 2010 Assistant Secretary for Effective on (See Attached) Aviation and International AffairsAttachment



### Terms, Conditions, and Limitations

NATIONAL AIR CARGO GROUP, INC.

d/b/a NATIONA L AIRLILNES

is authorized to engage in foreign charter air transportation of persons, property, and mail:

Between any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

(1) The authority to conduct cargo charter air transportation under this certificate became effective on December 21, 2006 . The authority to conduct passenger charter air transportation under this certificate will not become effective until six (business) days after the De partment 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 t he 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

pa id, 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

opera tions.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind (i.e., cash, check, or credit card), issue tickets for the operations proposed under this certificate, or enter into contracts with charter operators, and any advertisement 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 regulations prescribed by the Department of Trans portation for the services authorized by this certificate, and with such other reasonable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.2

(4) The holder shall at all times conduct its operations in accordance with all treaties and agreements between the United States and other countries, and the exercise of the privileges granted by this certificate is subject to compliance with such treaties and agreements and with any orders of the Department o f Transportation issued under them or for the purpose of requiring compliance with them.

(5) The exercise of the authority granted here is subject to the holder's first obtaining from the appropriate foreign governments such operating rights as may be nec essary.

(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, includin g, 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 insuranc e coverage as required under

14 CFR Part 2 05. Failure to maintain such insurance coverage will render a certificate 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 ground s to revoke this certificate.

(9) Should the holder propose any substantial change in its ownership, management, or operations (as 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 under this certificate within one year of the date of the Department's determination of its fitness, its authority shall be revoked for dormancy, unless the holder is conducting operations under another type of ce rtificate authority. Further, in the event that the holder commences operations for which it was found "fit, willing, and able" and subsequently ceases all such operations, its authority under all certificates held 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 operations within one year of its cessation, its authority shall be revoked for dormancy.

 To assure compliance with al l 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 t o find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served.Attachment A

SERVICE LIST FOR NATIONAL AIR CARGO GROUP, INC.

JAMES L HOBSON JR

PRESIDENT AND CEO

AIR TRANSPORT INTERNATIONAL LLC

2800 CANTRELL ROAD

LITTLE ROCK ARKANSAS 72202 GEORGE A GOLDER ESQ

GENERAL COUNSEL

AIR TRANSPORT INT ERNATIONAL LLC

7100 TPC DRIVE SUITE 100

ORLANDO FLORIDA 32822

MARK W ATWOOD

ELIZA BETH J WADSWORTH

COZEN O’ CONNER

1627 EYE STREET NW SUITE 1100

WASHINGTON DC 20006 BERNARD STANKUS RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

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1200 NEW JERSEY AV E SE

WASHINGTON DC 20590

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900 45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166 CLAY MORITZ, RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

PETER LYNCH AGC

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ASST CHIEF COUNSEL FOR

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 MALCOLM L BENGE ZUCKERT, SCOUTT & RASENBERGER LLP

888 7 TH STREET NW SUITE 700

WASHINGTON DC

TIM WAHLBERG

PRESIDENT

EVERGREEN INTERN ATIO NAL AIRLINES INC

3850 THREE MILE LANE

MCMINNVILLE OREGAN 97128 EDWARD W SAUER SQUIRE SANDERS & DEMPSEY LLP

1201 PENNSYLVANIA AVE NW

SUITE 500

WASHINGTO N DC 20004