Order 2010

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- 26

Served: February 26, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26 th day of February, 2010

Application of

RUGBY AVIATION, LLC

d/b/a NORTHWEST SKY FERRY

for aut hority to engage in scheduled passenger operations as a commuter air carrier under

49 U.S.C. § 41738 Docket DOT

- OST

- 200 9

- 0188

FINAL ORDER

By Order 2010

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- 7 , issued on February 12, 2010

, we directed all interested persons to show cause why

we shoul d not make final our tentative findings and conclusions that Rugby Aviation, LLC d/b/a Northwest Sky Ferry is fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal A viation Regulations. Interested persons were given 14 (business) days to file objections to the order.

No objections to the show cause order were received.

ACCORDINGLY,

1. We find that Rugby Aviation

, LLC d/b/a Northwest Sky Ferry is fit, willing, and able under 49

U.S.C. § 41738 to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations , subject to conditions

.

2. We issue a Commuter Air Carrier Authorization to Rugby A viation LLC d/b/a Northwest Sky Ferry , subject to the Terms, Conditions, and Limitations attached.

3. 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 Af

fairs

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

http://www.regulations.gov

# Commuter Air Carrier Authorization

RUGBY AVIATION

, LLC

d/b/a NORTHWEST SKY FERRY

is authorized, subject to the provisions of Subtitle VI I 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 scheduled passenger air transportation operations as a commuter air carrier.

This authorizatio n is not transferable without the approval of the Department of Transportation.

By Direction of the Secretary

Issued by Order 2010

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- 26 Susan L. Kurland

On February 26, 2010 Assistant Secreta ry for Effective (See Attached) Aviation and Intern ational AffairsAttachment



### Terms, Conditions, and Limitations

RUGBY AVIATION

, LLC

d/b/a NORTHWEST SKY FERRY

is authorized to engage in scheduled passenger air transportation operations as a commuter air

carrier.

This authority is subject to the following provi sions:

(1) The authority to conduct scheduled passenger operations 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 aut hority 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 th e 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

- oper ating 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 cre dit card) or issue tickets for scheduled passenger operations, and any advertisement or listing of flights by the holder must prominently state: "This service is subject to receipt of government operating authority."

(3) The holder shall at all times con duct its operations in accordance with the require ments of

14 CFR Part 298 and any other regulations prescribed by the Department of Transportation for the services authorized here, and with such other reasonable terms, conditions, and limitations as the

D epartment of Transportation may prescribe in the public interest.

(4) The holder authority is limited to operations conducted pursuant to Part 135 of the Federal Aviation Regulations

. In the event that the holder wishes to institute operations that would require Part 121 certification from the FAA, it must first be determined fit for such operations.2

( 5 ) The holder may not operate aircraft designed to have a maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,00 0 pounds.

( 6 ) 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 , inclu ding, but not limited to 49 CFR Part 1544

. 

( 7 ) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15).

( 8 ) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Par t 205. Failure to maintain such insurance coverage will render this authority 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 gr ounds to revoke this authority.

( 9 ) In the event that the holder receives effective scheduled passenger authority, the following additional conditions will apply:

(a) The holder may reduce or terminate service at any point or between any two points, subj ect to compliance with the provisions of 49 U.S.C. 41734 and all orders and regulations issued by the Department of Transportation under that section.

(b) The holder may not provide scheduled passenger air transportation to or from Dallas (Love Field), Te xas, except within the limits set forth in section 29 of the International Air Transportation Compet ition Act of 1979, as amended or as modified by any future legislation addressing access restrictions to or from Love Field.

( 10 ) Should the holder propos e any substantial changes in its ownership, management, or operations (as that term is defined in 14 CFR 204.2(l)), it must first com ply with the requirements of

14 CFR 204.5.

(1 1 ) In the event that the holder does not commence actual flying operations as a commuter air carrier under this authority within one year of the date of the Department's determination of its fitness, its commuter authority shall be revoked for dormancy. Further, in the event that the holder commences but subsequently ceases all sc heduled passenger operations, the authority granted here 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 such operations within one year of its cessation, its commuter authority shall be revoked for dormancy.

 To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before

comm encing 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 i s adequate to allow such airport(s) to be served.