Order 2013-7-23

Served: July 31, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31st day of July, 2013 

In the matter of the cancelation and/or revocation of the 

certificate authority issued to

CAPITAL CARGO INTERNATIONAL

 AIRWAYS, INC.

INLAND AVIATION, INC.

COMAIR, INC.

MESABA AVIATION, INC.

EXECUTIVE AIRLINES, INC.

BRENDAN AIRWAYS, LLC

LYNX AVIATION, INC.

EXPRESSJET AIRLINES, INC.

under 49 U.S.C. § 41102

Dockets DOT-OST-1995-589

DOT-OST-1995-590

DOT-OST-1998-3598

DOT-OST-1998-3857

DOT-OST-1998-4024

DOT-OST-2000-8029

DOT-OST-2000-8030

DOT-OST-2005-22228

DOT-OST-2007-0084

DOT-OST-2007-27074

DOT-OST-2007-27790

DOT-OST-2011-0232

ORDER REVOKING AND/OR CANCELING AUTHORITY

Section 204.7 of the Department’s Aviation Regulations (14 CFR 204.7) provides that, if an air 

carrier ceases air transportation operations for which it was found fit, it may neither resume air 

transportation operations nor advertise such services until its fitness to do so has been 

re-determined by the Department. Section 204.7 further provides that, if an air carrier does not 

have its fitness re-determined and resume operations within one year of the date of its cessation, 

its certificate authority will be revoked for dormancy.

The air carriers identified below were previously found fit and were issued effective certificate 

authority by the Department. According to our records, these air carriers subsequently ceased 

operations, and have not recommenced any such operations during the ensuing year or the air 

carriers have ceased operations and requested that their certificate authority be canceled prior to 

the expiration of the one year waiting period. Under these circumstances, we will terminate the 

air carriers’ authority as described below.

Dockets DOT-OST-1995-589; DOT-OST-1995-590; and DOT-OST-2007-27790: By Order 

96-6-18, issued June 7, 1996, we reissued Capital Cargo International Airways, Inc. (“CCIA”), 

certificates of public convenience and necessity authorizing it to engage in interstate scheduled 

air transportation of property and mail and foreign charter air transportation of property and mail. 

By Order 2007-7-4, issued May 7, 2007, we issued the air carrier blanket open-skies authority to 

engage in foreign scheduled all-cargo operations. The air carrier operated under its authority 

until January 2013 when it ceased operations. Subsequently, CCIA’s representative notified the 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
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Department that the air carrier had ceased operations and that it did not object to the cancelation 

of its certificate authority prior to the expiration of the one-year dormancy period.

Docket DOT-OST-1998-3857: By Order 99-10-19, issued October 20, 1999, we reissued to 

Inland Aviation, Inc. (“Inland”), a certificate of public convenience and necessity authorizing it 

to engage in interstate scheduled air transportation of persons, property, and mail. The air carrier 

operated under this authority until November 2011 when it ceased operations. To date, we have 

not received an application from Inland to have its fitness redetermined. Under these 

circumstances, and in accordance with section 204.7 of our rules, we revoke Inland’s certificate 

authority.

Dockets DOT-OST-1998-4024; DOT-OST-2005-22228; and DOT-OST-2007-0084: By 

Order 98-7-6, issued July 8, 1998, we reissued to Comair, Inc. (“Comair”), a certificate of public 

convenience and necessity authorizing it to engage in interstate scheduled air transportation of 

persons, property, and mail. By Order 2008-4-26, issued February 14, 2008, we issued the air 

carrier blanket open-skies authority to engage in foreign scheduled air transportation of persons, 

property, and mail. By Order 2008-5-4, issued March 4, 2008, we issued the air carrier a blanket 

route integration certificate. The air carrier operated under its authority until September 2012

when it ceased operations. Subsequently, Comair’s representative notified the Department that 

the air carrier had ceased operations and that it did not object to the cancelation of its certificate 

authority prior to the expiration of the one-year dormancy period.

Docket DOT-OST-1998-4024: By Order 98-7-6, issued July 8, 1998, we reissued to Mesaba 

Aviation, Inc. (“Mesaba”), a certificate of public convenience and necessity authorizing it to 

engage in interstate scheduled air transportation of persons, property, and mail. The air carrier 

operated under this authority until January 2012 when it ceased operations. To date, we have not 

received an application from Mesaba to have its fitness redetermined. Under these 

circumstances, and in accordance with section 204.7 of our rules, we revoke Mesaba’s certificate 

authority.

Dockets DOT-OST-1998-4024 and DOT-OST-1998-3598: By Order 98-7-6, issued July 8, 

1998, we reissued to Executive Airlines, Inc. (“Executive”), a certificate of public convenience 

and necessity authorizing it to engage in interstate scheduled air transportation of persons, 

property, and mail. By Order 98-5-12, issued April 23, 1998, Executive acquired additional 

certificate authority authorizing it to engage in foreign scheduled air transportation of persons, 

property, and mail. The air carrier operated under its authority until April 2013 when it ceased 

operations. Subsequently, Executive’s representative notified the Department that the air carrier 

had ceased operations and that it did not object to the cancelation of its certificate authority prior 

to the expiration of the one-year dormancy period.

Dockets DOT-OST-2000-8029; DOT-OST-2000-8030; and DOT-OST-2007-27790: By 

Order 2001-12-22, issued December 27, 2001, we reissued Brendan Airways, LLC d/b/a USA 

3000 Airlines, (“USA 3000”), certificates of public convenience and necessity authorizing it to 

engage in interstate and foreign scheduled air transportation of persons, property, and mail. By 

Order 2007-7-3, issued May 7, 2007, we issued the air carrier blanket open-skies authority to 

engage in foreign scheduled air transportation of persons, property, and mail. The air carrier 

operated under this authority until January 30, 2012, when it ceased operations. To date, we 

have not received an application from USA 3000 to have its fitness redetermined. Under these 
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circumstances, and in accordance with section 204.7 of our rules, we revoke USA 3000’s 

certificate authority.

Docket DOT-OST-2007-27074: By Order 2008-1-19, issued January 24, 2008, we reissued to 

Lynx Aviation, Inc. (“Lynx”), a certificate of public convenience and necessity authorizing it to 

engage in interstate scheduled air transportation of persons, property, and mail. The air carrier 

operated under this authority until April 2011 when it ceased operations. To date, we have not 

received an application from Lynx’s to have its fitness redetermined. Under these 

circumstances, and in accordance with section 204.7 of our rules, we revoke Lynx’s certificate 

authority.

Dockets DOT-OST-2011-0232: By Order 2002-4-8, issued April 11, 2002, we reissued 

ExpressJet Airlines, Inc. (“ExpressJet”), a certificate of public convenience and necessity 

authorizing it to engage in interstate scheduled air transportation of persons, property, and mail. 

The air carrier operated under this authority until January 2012 when it merged operations with 

its sister company, Atlantic Southeast Airlines, Inc.1

 To date, we have not received an 

application from ExpressJet to have its fitness redetermined. Under these circumstances, and in 

accordance with section 204.7 of our rules, we revoke ExpressJet’s certificate authority.

ACCORDINGLY,

1. We cancel the certificates of public convenience and necessity issued to Capital Cargo 

International Airways, Inc., by Order 96-6-18 and Order 2007-7-4, authorizing it to engage in

interstate and foreign air transportation.

2. We revoke the certificate of public convenience and necessity issued to Inland Aviation, Inc., 

by Order 99-10-19, authorizing it to engage in interstate air transportation.

3. We cancel the certificates of public convenience and necessity issued to Comair, Inc., by 

Order 98-7-6, Order 2008-4-26, and Order 2008-5-4 authorizing it to engage in interstate and 

foreign air transportation.

4. We revoke the certificate of public convenience and necessity issued to Mesaba 

Aviation, Inc., by Order 98-7-6, authorizing it to engage in interstate air transportation.

5. We cancel the certificates of public convenience and necessity issued to Executive 

Airlines, Inc., by Order 98-7-6 and Order 98-5-12, authorizing it to engage in interstate and 

foreign air transportation.

6. We revoke the certificate of public convenience and necessity issued to Brendan Airways, 

LLC d/b/a USA 3000 Airlines, by Order 2001-12-22, authorizing it to engage in interstate air 

transportation.2

 1 See Order 2012-1-3, issued January 9, 2012. 2 By this order, we revoke only an interstate certificate issued to USA 3000. Revocation of a foreign certificate is 

subject to Presidential review under 49 U.S.C. § 41307 and will be handled in a separate order.
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7. We revoke the certificate of public convenience and necessity issued to Lynx Aviation, Inc., 

by Order 2008-1-19, authorizing it to engage in interstate air transportation.

8. We revoke the certificate of public convenience and necessity issued to ExpressJet Airlines, 

Inc., by 2002-4-8, authorizing it to engage in interstate air transportation.

9. 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
ATTACHMENT A

SERVICE LIST

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MARK MAZOR 

CERTIFICATION SECTION MANAGER 

FAA AFS-900 

45005 AVIATION DRIVE, SUITE 131 

DULLES VA 20166 

WILLIAM CHADWICK 

OFFICE OF AIRLINE INFORMATION 

DOT/RSPA/BTS E-36 

1200 NEW JERSEY AVE SE 

WASHINGTON DC 20590