Order 2010-11-25

Served: November 22, 2010 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

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

Applications of

 NATIONAL AIR CARGO GROUP, INC.

 d/b/a NATIONAL AIRLINES

for amended certificates 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

 Dockets DOT-OST-2010-0181

 and

 DOT-OST-2010-0215

FINAL ORDER

By Order 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 and award 

certificates 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 objections 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 persons, property, and mail. 

2. We reissue 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 to 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 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

 

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 and key technical personnel.
 

 

Certificate of Public Convenience and Necessity for

Interstate 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 United States 

Code, the orders, rules, and regulations issued thereunder, and the 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 Secretary

Issued by Order 2010-11-25 Susan L. Kurland

On November 22, 2010 Assistant Secretary

Effective on (see attached) for Aviation and International Affairs
Attachment

Terms, Conditions, and Limitations

NATIONAL AIR CARGO GROUP, INC.

d/b/a NATIONAL 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 entities.

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'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 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.

(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 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.

(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 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 OREGON 97128

EDWARD W SAUER

SQUIRE SANDERS & DEMPSEY LLP

1201 PENNSYLVANIA AVE NW 

SUITE 500

WASHINGTON DC 20004