Order 2014-2-11

Served: February 11, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11th day of February, 2014

Applications of

 WESTERN GLOBAL AIRLINES, LLC

for certificates of public convenience and necessity, 

under 49 U.S.C. § 41102 to engage in interstate and 

foreign charter air transportation of property and 

mail 

Docket DOT-OST-2013-0105

Docket DOT-OST-2013-0106

 

ORDER TO SHOW CAUSE

PROPOSING ISSUANCE OF CERTIFICATE AUTHORITY

Summary

By this order, we tentatively find that Western Global Airlines, LLC (“Western Global”), is a citizen of 

the United States and is fit, willing, and able to conduct interstate and foreign charter air transportation 

of property and mail as a U.S. certificated air carrier, subject to conditions.

Background

Section 41102 of Title 49 of the United States Code (“the Transportation Code”) directs us to determine 

whether companies proposing to engage in interstate and foreign charter air transportation are “fit, 

willing, and able” to perform such service, and to comply with the Transportation Code and the 

regulations and requirements of the Department. 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) will have sufficient financial resources to 

commence the operations proposed without posing an undue risk to consumers, 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 May 14, 2013, Western Global filed applications in Dockets DOT-OST-2013-0105 and DOT-OST2013-0106 for authority to conduct interstate and foreign charter all-cargo air transportation pursuant to 

section 41102 of the Transportation Code. The fitness information required by section 204.3 of our 

regulations was provided with the application.

1

 

 1

Western Global filed information supplementing its applications on September 9, October 22, and December 9, 2013,

and January 10, 2014.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
No answers were filed to the applications 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 Western Global is a U.S. citizen and has 

met the fitness test to conduct interstate and foreign charter all-cargo operations. We will, however, 

give interested parties an opportunity to show cause why we should not adopt as final the tentative 

findings and conclusions stated herein. 

FITNESS

The Company

Western Global, a newly formed, non-operating Florida limited liability company located in Sarasota,

Florida, was co-founded in March 2013 by Mr. James K. Neff and his wife, Mrs. Carmit P. Neff, both

U.S. citizens. Ownership of Western Global is held by three trusts formed in the State of Florida for the 

benefit of the Neff family. Specifically, the James K. Neff Revocable Trust, which lists Mr. Neff as its 

sole trustee and beneficiary, holds 35 percent of the company. The Western Global Airlines Trust, of 

which Mr. Neff is also the sole trustee, holds an additional 35 percent of the ownership, with his 

daughters and grandchildren listed as beneficiaries. Finally, the remaining 30 percent of the air carrier is 

held in the Carmit P. Neff Revocable Trust, of which Mrs. Neff is the sole trustee and beneficiary. 

While the applicant has no subsidiaries, it does have two companies affiliated through common 

ownership by Mr. Neff and his family: Nordic Global Airlines, Ltd. (“Nordic Global”), a Finnish allcargo airline partially owned by a trust controlled by Mr. and Mrs. Neff (29 percent),

2

and Neff Air, 

LLC (“Neff Air”), a Delaware limited liability company under sole ownership by Mr. and Mrs. Neff. 

Neff Air is a management company which administers the leases of several aircraft and aircraft parts 

owned by special purpose companies, established specifically to hold title to aircraft that are controlled 

by Mr. and Mrs. Neff. 

Managerial Competence

Western Global’s key management personnel consist of the following individuals, all of whom are U.S. 

citizens hired in April 2013 when the air carrier began its certification process: 

Mr. James K. Neff Chief Executive Officer (“CEO”) and Chief Operations

Officer (“COO”) 

Mrs. Carmit P. Neff Chief Financial Officer (“CFO”)

Mr. Thomas J. Quehl Vice President, Operations

Mr. Terrence A. Washow Director of Safety and Security

Mr. Jerome M. Basile Director of Maintenance

Mr. George Boyko Chief Pilot

Mr. William E. Phillips Chief Inspector

Mr. James K. Neff, CEO and COO of Western Global, has had a lengthy career in the cargo airline 

industry. In addition to serving in his current capacity with the applicant, Mr. Neff is the CEO of Neff 

 2

Mr. James Neff is the non-Executive Chairman of the Board of Directors of Nordic Global.
Air (2010-present) and non-executive Chairman of the Board of Directors of Nordic Global

(2011-present). He previously served as CEO of Southern Air Holdings (2007-2010) and was the CoFounder and CEO of both Southern Air, Inc. (1999-2007) and U.S. Turbine Engine Corporation 

(1991-1999). Mr. Neff also held the position of Senior Vice President of Cargo Programs with Aircraft 

Trading and Service Company (1987-1991), Senior Vice President of Marketing with Burlington Air 

Express (1984-1987), Vice President, Fleet Planning with Emery Air Freight Corporation (1981-1984),

Director of Corporate Planning with Continental Airlines (1979-1981), and Director of Scheduling at 

Flying Tiger Line (1971-1979).

Mrs. Carmit P. Neff is Western Global’s CFO and Co-Founder. She is also the CFO and Co-Founder of 

Neff Air (2010-present), a Board Member of Southern Air Holdings (2007-2010) and Co-Founder and

Board member of Southern Air, Inc. (1999-2007), and U.S. Turbine Engine Corporation (1991-1999). 

She previously was a Management Consultant for The Weston Group, Redding Consultants, and Luther 

& Co. (1987-1993), Air Cal (1985-1986), and The Development Agency (1983-1984 and 1987-1988); a 

Product Manager for Mattel Toys (1980-1982); and a Strategic Planning Analyst with Flying Tiger Line 

(1976-1980). 

Western Global’s Vice President of Operations, Mr. Thomas J. Quehl, is a licensed Airline Transport 

Pilot and certified Flight Instructor. He was previously employed with GPE Consulting Group, Inc. as 

Senior Vice President of Certification for GPE Consulting Group, Inc. (June 2012-February 2013). He 

also worked with National Airlines as Director of Training, Director of Operations, and President (Nov.

2003-May 2012). Prior to that, he was with Arrow Air in positions of increasing responsibility,

including Airline Captain, Check Airman, Chief Pilot, Director of Operations, and Vice President of 

Safety and Compliance (March 1990-March 1995 and March 1999-November 2003). Mr. Quehl was 

also employed by Kalitta Air as its Acting Director of Flight Standards and Aircrew Program Designee

(March 1995-March 1999).

Mr. Terrence A. Washow, Western Global’s Director of Safety and Security and a licensed Airframe 

and Powerplant Mechanic and Inspector, was most recently a self-employed aviation consultant and

subject matter expert (September 2010-April 2013). He also worked as Manager of Maintenance 

Programs and Planning with Ryan International Airlines (April 2007-August 2010), Production 

Supervisor and Station Maintenance Manager at US Airways (July 1999-April 2007), Systems Support 

Engineer at GE Capital Services Inc. (May 1998-June 1999), Technical Consultant with Galaxy 

Scientific (August 1997-May 1998), Vice President of Maintenance and Engineering at Flagship 

Airlines/American Eagle (February 1996-June 1997), and Automation Projects Manager and Supervisor 

of Production Control with American Airlines (August 1988-February 1996).

Mr. Jerome Basile, Western Global’s Director of Maintenance, is the former Director of Resource 

Planning with CTS Engines (November 2012-March 2013). He previously was employed as a Fleet 

Manager and Manager of Technical Support for Southern Air, Inc. (September 2006-November 2012), a 

Maintenance Crew Chief for Polar Air Cargo (March 2004-September 2006 and June-November 2000),

and as an Aircraft Technician for American Airlines (November 2000-June 2003) and for Tower Air 

(September 1998-May 2000).

Mr. George Boyko, Chief Pilot for Western Global, is a licensed Airline Transport Pilot with over 

18,300 flight hours. He was previously an MD-11 Captain and Pilot Trainer with Nordic Global
(2011-2013) and has held similar Captain positions with Avient (2009-2011), Sky Lease (2009), Gemini 

Air Cargo (1999-2008), and Viasa (1976-1997). Additionally, Mr. Boyko was an owner of D-Computers 

(1998), and was also a First Officer for Ford Motor Company (1976) and Protinal (1974-1976). 

Mr. William E. Phillips, Western Global’s Chief Inspector, is a licensed Airframe and Powerplant

Mechanic. He was, most recently, Chief Inspector for National Airlines (January 2013-September 

2013). Prior to this, he was employed with Southern Air, Inc., as a Regulatory Compliance Engineer 

(September 2009-October 2012), Vice President of Quality Control/Chief Inspector (January 2000-

September 2009), and Manager of Quality Control (March 1999-January 2000). Mr. Phillips also 

worked as a Contract Auditor for Tower Air, Inc. (January 1999-March 1999), and held several 

positions at Southern Air Transport, Inc., including Chief Inspector (May 1997-August 1998), Manager 

of Quality Assurance (June 1995-May 1997), and Senior Maintenance Representative (March 1989-June 

1995). He was a Lead Mechanic and Electrician for Aero Corporation (June 1984-March 1989) and 

served in the U.S. Air Force (January 1978-May 1984).

In view of the experience and background of the applicant's key personnel, we tentatively conclude that 

Western Global has demonstrated that it possesses the managerial skills and technical ability to conduct 

its proposed charter operations.3

Operating Proposal and Financial Condition

If granted the interstate and foreign all-cargo charter authority it seeks, Western Global intends to 

operate cargo charter flights, providing wide-body cargo capacity to air carriers and freight forwarders 

worldwide. The air carrier initially plans to operate one MD-11 freighter aircraft and plans to operate up 

to four MD-11s, all of which will be leased by Neff Air, by the end of its first year of certificated 

operations.

To meet the Department’s financial fitness criteria, an applicant should have access to financial 

resources sufficient to cover its pre-operating expenses and the expenses that are reasonably projected to 

be incurred during three months of “normal” operations.4

 In support of its ability to meet our financial 

fitness test, Western Global provided its balance sheet dated May 14, 2013, which shows the company 

as having current assets of $600,000 and no current liabilities, for a positive working capital balance of 

$600,000. The applicant also provided a statement from J.P. Morgan Private Bank, dated 

December 5, 2013, indicating the combined balance of the Neff’s personal bank accounts to be in excess 

of $10.0 million, together with letters from Mr. and Mrs. Neff, pledging access to these funds to support 

Western Global’s proposed operations. 

In addition, Western Global provided the Department with its pre-operating and first-year expense 

forecasts. The applicant expects to incur about $320,000 in pre-operating expenses which includes 

 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 Federal Aviation 

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

technical ability. All of Western Global’s key technical personnel have been approved by the FAA to hold their positions. 4

Because projected expenses during the first several months of air transportation services 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 an average 

of one-quarter of the first year’s operating cost forecast. 
conformity of maintenance manuals, proving runs, crew training, and FAA/DOT certification costs; and 

approximately $17.62 million in first-year expenses. Western Global’s forecast assumes most operating 

costs including fuel and ground handling are paid in advance directly by its charter customers. We have 

reviewed Western Global’s forecasts and find them to be reasonable. Thus, in order to meet our 

financial fitness criteria, Western Global will need access to approximately $4.72 million.5

In light of the above, we tentatively conclude that Western Global will have sufficient financial 

resources available to it to enable it to commence its proposed charter all-cargo operations without 

posing an undue risk to consumers or their funds. We note that, as is our practice, prior to making any 

authority awarded to Western Global effective, we will require the company to demonstrate that it 

continues to have access to the financial resources needed to meet our financial test.

Compliance Disposition 

Western Global states that there have been no charges of fraud, felony or antitrust violations, or of 

unfair, anticompetitive or deceptive business practices filed against it, its owners, or its key personnel in 

the past 10 years. Additionally, Western Global states that as a newly formed air carrier, it has not been 

involved in any accidents or incidents.

The FAA advises us that it has no objections to the Department’s grant of Western Global’s request for 

charter authority and knows of no reason why the air carrier should not be granted the authority it is 

seeking. 

In light of these circumstances, we tentatively find that Western Global 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

49 U.S.C. § 41102 requires that 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 voting interest be owned by U.S. citizens, and that the air carrier must be under the actual control 

of U.S. citizens.

As previously stated, Western Global is a limited liability company organized under the laws of Florida. 

Ownership of Western Global is held by three trusts formed in the State of Florida for the benefit of the 

Neff family: the James K. Neff Revocable Trust (35 percent), the Western Global Airlines Trust

(35 percent), and the Carmit P. Neff Revocable Trust (30 percent). Further, all of Western Global’s key 

personnel are identified as U.S. citizens and the company has provided an affidavit attesting that it is a 

citizen of the United States within the meaning of the Transportation Code and that it is actually 

controlled by U.S. citizens. 

 5

 The $4.72 million noted here is one quarter of the applicant’s forecast of approximately $17.62 million in first year 

expenses plus the $320,000 in pre-operating costs.
Based on the above, we tentatively conclude that Western Global is a citizen of the United States and is 

fit, willing, and able to provide the interstate and foreign all-cargo charter service it proposes as a U.S. 

certificated air carrier.

PUBLIC CONVENIENCE AND NECESSITY

No finding of consistency with the public convenience and necessity is required for the award of 

authority for interstate charter air transportation under section 41102, although such a finding is required 

for authority to engage in foreign charter air transportation.

We tentatively find that the foreign charter all-cargo air transportation proposed by Western Global is 

consistent with the public convenience and necessity. By Order 78-7-106, which instituted the Former 

Large Irregular Air Service Investigation, the Civil Aeronautics Board found that there was a continuing 

demand and need for additional charter air carriers. Therefore, if Western Global meets the fitness 

requirements of the Transportation Code, it will receive certificates authorizing it to engage in interstate 

and foreign charter air transportation of property and mail under section 41102.6

OBJECTIONS

On January 30, 2014, Western Global filed a motion requesting that, upon the issuance of a show-cause 

order tentatively finding Western Global fit, willing, and able to engage in interstate and foreign charter 

air transportation of property and mail as a U.S. certificated air carrier, the Department reduce its 

standard 14-day objection and 7-day answer period to 5 days for objections and 3 days for answers. 

This request for expedited treatment in the startup of Western Global’s operations is meant to allow the 

air carrier to fulfill certain business agreements.

On February 5, 2014, Western Global advised the Department that there were no objections to 

shortening the answer period. Under these circumstances and under authority assigned in 14 CFR 

385.12, we have decided to grant Western Global’s request for a shortened answer period in this case. 

We will give interested persons 5 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 3 days. We expect that persons objecting to our tentative findings and conclusions will 

support their objections with relevant and material facts.7 We will not entertain general, vague, or 

unsupported objections. If no substantive objections are filed, we will issue orders that will make final 

our tentative findings and conclusions with respect to certification and fitness and will issue Western 

Global certificates that will contain an exact copy of the attached Terms, Conditions and Limitations.

 6

Pursuant to 49 U.S.C. § 41307, issuance of foreign authority to Western Global is subject to Presidential review. 7

If an oral evidentiary hearing or discovery procedures are requested, the objector should state in detail why such 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 Part 302, Rules 19 and 20); if not, the reasons why not should be explained. 
CERTIFICATE CONDITIONS AND LIMITATIONS

If Western Global is found fit and issued the certificates it seeks, its authority will not become effective 

until the air carrier has fulfilled all of the requirements for effectiveness as set forth in the terms, 

conditions and limitations attached to its certificates. This includes, among other things, (1) a copy of 

the holder's Air Carrier Certificate and Operations Specifications authorizing cargo charter operations 

from the FAA, (2) a fully-executed OST Form 6410 evidencing liability insurance for all of its aircraft

that meets the requirements of 14 CFR §205.5(b) of our rules, (3) verification of available funding 

necessary to meet the Department’s fitness requirements, and (4) a statement of changes that Western 

Global has undergone in its ownership, management, operations, finance, or compliance disposition 

since the issuance of this order.8

 

Additionally, our tentative findings stated above are based on the operating plan described in Western 

Global’s applications that utilizes up to four aircraft. These findings might no longer apply if the 

company were to substantially change the scope of its operations through the introduction of additional 

aircraft. Therefore, once the applicant’s certificates become effective, should Western Global propose to 

acquire additional aircraft, it must notify the Department in writing at least 45 days in advance and 

demonstrate its fitness for such operations prior to implementing service with those additional aircraft. 

Furthermore, we remind Western Global 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 certificated 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.

9

 The compliance of the company with this requirement is 

essential if we are to carry out our responsibilities under 49 U.S.C. § 41110(e).10

Finally, to aid the Department in monitoring the fitness of new carriers, we require that all newly 

certificated air carriers submit a detailed progress report, within 45 days following the end of the first 

year of certificated operations, to the Air Carrier Fitness Division. The report should 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 

 8

Western Global has filed its Family Assistance Plan with both the Department and the National Transportation Safety 

Board, a copy of which was provided in Docket DOT-OST-1996-1960 on May 17, 2013. 9

Western Global 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. 

Moreover, 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 the 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 charter authority. 10

We also remind Western Global of the requirements of section 204.7 of our rules. This section provides, among other 

things, that (1) the certificate 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 

certificated 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.
year, current financial statements,11 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 orders making final the 

tentative findings and conclusions stated above and award certificates to Western Global Airlines, LLC, 

authorizing it to engage in interstate and foreign charter air transportation of property and mail, subject 

to the attached specimen Terms, Conditions, and Limitations.

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

proposed findings, conclusions, or the certificate awards set forth here to file such objections with the 

Department of Transportation Dockets, 1200 New Jersey Avenue, SE., West Building Ground Floor, 

Room W12-140, Washington, D.C. 20590, in Dockets DOT-OST-2013-0105 and DOT-OST 2013-0106, 

and serve them upon all persons listed in Attachment A no later than 5 calendar days after the service 

date of this order; answers to objections shall be filed no later than 3 calendar days thereafter.

3. We grant the motion of Western Global Airlines, LLC in Dockets DOT-OST-2013-0105 and 

DOT-OST-2013-0106 to shorten the public comment period to 5 days.

4. 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.12

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

and we will enter orders making final our tentative findings and conclusions and will issue Western 

Global Airlines, LLC certificates that will contain exact copies of the attached specimen Terms, 

Conditions, and Limitations.

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

7. 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

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

operations and a twelve-month income statement ending that same date. 12

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

WESTERN GLOBAL AIRLINES, LLC

is authorized to engage in interstate charter air transportation of 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 operate 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), or enter into contracts for the operations proposed under 

this certificate, 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.

(4) The holder is not authorized to carry passengers (other than cargo attendants 

accompanying freight shipments).
2

(5) 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. ∗

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

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

(7) 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.

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

within the State of Alaska.

(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

Specimen

Terms, Conditions, and Limitations

WESTERN GLOBAL AIRLINES, LLC.

is authorized to engage in foreign charter air transportation of 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 operate 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), or enter into contracts for the operations proposed under 

this certificate, 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.

(4) The holder is not authorized to carry passengers (other than cargo attendants 

accompanying freight shipments).
2

(5) 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.

(6) 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.

(7) The holder's authority is effective only to the extent that such operations are also 

authorized by the FAA, and comply with all Department of Transportation and Department of 

Homeland Security requirements concerning security.

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

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

(9) 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.

(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 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.
3

ATTACHMENT A

SERVICE LIST FOR 

WESTERN GLOBAL AIRLINES, LLC

MR JAMES NEFF

CEO

WESTERN GLOBAL AIRLINES LLC

5566 BROADCAST COURT

SARASOTA FL 34230

MR MARK ATWOOD

COZEN O’CONNOR

1627 I STREET NW

WASHINGTON DC 20006

MR WILLIAM ROYAL

POI FOR WESTERN GLOBAL AIRLINES

FEDERAL AVIATION ADMINISTRATION

5601 MARINER STREET

SUITE 310

TAMPA FL 33609

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MR WILLIAM CHADWICK

OFFICE OF AIRLINE INFO

DEPT OF TRANSPORTATION

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR MARK MAZOR AFS-900

MANAGER CSET

FAA SUITE 203B

45005 AVIATION DRIVE

DULLES VA 20166-7537