Order 2014

- 4

- 27 Served April 28, 2014

Issued by the Department of Transportation on the 25th day of February , 2014

Application of

WESTERN GLOBAL AIRLINES, LLC

for a certificate of public convenience and necessity under 49 U.S.C. § 41102 to engage in foreign charter air transportation of property and mail Docket DOT

- OST

- 2013

- 0105

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2014

- 2

- 21 , issued on February 25 , 2014 , we found Western Global Airlines, LLC (“Western Global”) fit, willing, and able to engage in interstate and foreign charter air transportation of property and mail. Further, by that order, we issued a section 41102 certificate authorizing Western Global to engage in interstate charter cargo air transportation.

By this order, we are issuing a companion certificate authorizing Western Global to engage in foreign charter air transportation of property and mail . Instead of repeating our findings and conclusions in Order 2014

- 2

- 21 , we incorporate them here by reference.

ACCORDINGLY

,

1. We issue a certificate of public convenience and necessity to Western Global Airlines, LLC, to engage in foreign charter air t ransportation of 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 61 st day after its submission for section 41307 review or upon the dat e of receipt of advice from the President or his designee 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

1 This order was submitted for sect ion 41307 review on February 25, 2014

. The 61 st day is April 28, 2014

. Since the President’s designee did not disapprove this Order before that

date it b ecame effective on April 28, 2014 UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.3

. We direct Western Glob al Airlines, LLC, 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. 2

4

. 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

opera tions during its second year, current financial statements, and resumes of current senior management and key technical personnel. Western Global should also be prepared to meet with staff members of the

Fitness Division to discuss its current and future o perations.

# Certificate of Public Convenience and Necessity

for Foreign Charter Air Transportation

This Certifies That



# WESTERN GLOBAL AIRLINES, LLC

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 prop erty
and mail.

This Certificate is not transferable without the approval of the Department of Transportation.

By Direction of the Secretary

Issued by Order

2014

- 4

- 27 Susan L. Kurland

On February 25

, 2014 Assistant Secretary for Effective on (see attached) Aviation and International Affairs

### Attachment 

### 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 do cuments; 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 Avia tion 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 veri fication 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 stat e: "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 cert ificate, 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 shi pments).(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 suc h 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 a ppropriate foreign governments such operating rights as may be necessary.

(7) 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 w ith all U.S. Government requirements concerning security, including, but not limited to 49 CFR Part

1544. 

(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 e ffect 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

Stat es Code or the Department's regulations shall be sufficient grounds to revoke this certificate.

(10) 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 th e 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 u nder 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 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