Order 20 10

- 11

- 25

Served: November 22 , 2010

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

, 2010

Application s of

NATIONAL AIR CARGO GROUP, INC.

d/b/a NATI ONAL AIRLINES

f or amended certificate s of public convenience and

necessity under 49 U.S.C. § 41102 to engage in

interstate and foreign charter air transportation of

persons, property

, and mail Docket s DOT

- OST

- 20 10

- 0 181

and

DOT

- OST

- 20 10

- 0 215

FINAL ORDER

By O rder 2010

- 11

- 05

, issued November 5, 2010

, we directed all interested persons to show

cause why we should not make final our tentative findings and conclusions stated in it an d award

certificate s of public convenience and necessity to National Air Cargo Group, Inc. d/b/a National

Airlines authorizing it to engage in interstate and foreign charter air transportation of persons,

property, and mail

.

Interested persons were given 10 days to file objecti ons to the order.

No objections to the show

- cause order were received.

ACCORDINGLY,

1. We find that National Air Cargo Group, Inc. d/b/a National Airlines is fit, willing, and able to

engage in interstate and foreign charter air transportation of per sons, property, and mail.

2. We re issue the interstate 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 interstate charter air transportation of persons, property, and mail

. 1

1 By this order, we issue only the interstate charter certificate to National Airlines . Issuance of a foreign charter

certificate to the company is subject t o Presidential review under 49 U.S.C. § 41307 and will be handled in a

separate order.2

3

. We direct that should National Air Cargo Group, Inc. d/b/a National Airlines want to operate

more than 3 cargo aircraft and more than one passenger aircraft, it must first notify the

Department in writin g 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 C arrier

Fitness Divisi on 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 Int ernational Affairs

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

http://www.regulations.gov

2 The report shall include a description of the air carrier’s 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, and a listing of current senior management a nd key technical personnel.

# Certificate of Public Convenience and Necessity for

Interstate Charter Air Tran sportation

(as reissued)

This Certifies That



## NATI O NAL AIR CARGO GROUP, INC.

d/b/a NATIONAL AIRLINES

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States

Code, the orders, rules, and regulations issued thereunder, and th e attached Terms,

Conditions, and Limitations, to engage in interstate 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 Secre tary

Issued by Order 2010

- 11

- 25 Susan L. Kurland

On November 22, 2010 Assistant Secretary

Effective on (see attached) for Aviation and International Affair s

### Attachment



### Terms, Conditions, and Limitations

NATIONAL AIR CARGO GROUP, INC.

d/b/a NATION AL AIRLILNES

is authorized to engage in interstate charter air transportation of persons, property

, and mail

between any point in any State, territory, or possession of the United States or the District of

Columbia, and any other point in any of those e ntities.

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

und er 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 co

py 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 requir ements 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 prop osed 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 prescri be in the public interest.2

(4) 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

. 

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

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

(6) The holder shall maintain in effect liability insuranc e 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.

(7) The holder is not authorized to engage in air transportation operations between points

within the State of Alaska.

(8) Should the holder propose any substantial chang e in its ownership, management, or

operations (as defined in 14 CFR 204.2(l)), it must first com ply with the requirements of

14 C FR 204.5.

(9) 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 det ermination 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 r edetermined 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

Sec urity 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

ELIZA BETH 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

450 05 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 INDE PENDENCE 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 INTERNATI ONAL AIRLINES INC

3850 THREE MILE LANE

MCMINNVILLE OREGO N 97128 EDWARD W SAUER

SQUIRE SANDERS & DEMPSEY LLP

1201 PENNSYLVANIA AVE NW

SUITE 500

WASHINGTO N DC 20004