Order 2011-1-26

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 22nd day of November, 2010 

Application of

 NATIONAL AIR CARGO GROUP, INC.

 d/b/a NATIONAL AIRLINES

for 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-2010-0215

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2010-11-25, 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 reissued the interstate cargo 

charter certificate of public convenience and necessity issued to National Airlines by Order 

2006-12-20 to authorize it to engage in interstate charter air transportation of persons, property, 

and mail.

By this order, we are reissuing the foreign cargo charter certificate of public convenience and 

necessity issued to National Air Cargo Group, Inc. d/b/a National Airlines by Order 2006-12-20 

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

Instead of repeating our findings and conclusions in Order 2010-11-25, 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 2006-12-20 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 order shall become effective on the 61st day after its submission for 

section 41307 review or upon the date of receipt of advice from the President or his designee 
2

under Executive Order 12597 and implementing regulations that he or she does not intend to 

disapprove 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 Department 

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 Aviation 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. The 61st 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 Charter 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 thereunder, 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 2011-1-26 Susan L. Kurland

On November 22, 2010 Assistant Secretary for

Effective on (See Attached) Aviation and International Affairs
Attachment

Terms, Conditions, and Limitations

NATIONAL AIR CARGO GROUP, INC.

d/b/a NATIONAL 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 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), 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 Transportation 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 of 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 necessary.

(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 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 grounds 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 certificate 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 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.
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 INTERNATIONAL LLC

7100 TPC DRIVE SUITE 100

ORLANDO FLORIDA 32822

MARK W ATWOOD

ELIZABETH J WADSWORTH

COZEN O’ CONNER

1627 EYE STREET NW SUITE 1100

WASHINGTON DC 20006

BERNARD STANKUS RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166

CLAY MORITZ, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MALCOLM L BENGE

ZUCKERT, SCOUTT & RASENBERGER LLP

888 7TH STREET NW SUITE 700

WASHINGTON DC

TIM WAHLBERG

PRESIDENT

EVERGREEN INTERNATIONAL AIRLINES INC

3850 THREE MILE LANE

MCMINNVILLE OREGAN 97128

EDWARD W SAUER

SQUIRE SANDERS & DEMPSEY LLP

1201 PENNSYLVANIA AVE NW 

SUITE 500

WASHINGTON DC 20004