Order 2011-8-23

Served: August 25, 2011 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 25th day of August, 2011

Application of

 CARLSBAD-PALOMAR AIRLINES, INC. 

 d/b/a CALIFORNIA PACIFIC AIRLINES

for a certificate of public convenience and necessity 

under 49 U.S.C. 41102 to engage in interstate scheduled 

air transportation of persons, property, and mail

 Dockets DOT-OST-2010-0126

FINAL ORDER

By Order 2011-8-15, issued August 10, 2011, we directed all interested persons to show cause 

why we should not make final our tentative findings and conclusions stated in it and award a 

certificate of public convenience and necessity to Carlsbad-Palomar Airlines, Inc. d/b/a 

California Pacific Airlines authorizing it to engage in interstate scheduled air transportation of 

persons, property, and mail. Interested persons were given 14 days to file objections to the order.

No objections to the show-cause order were received.

ACCORDINGLY,

1. We find that Carlsbad-Palomar Airlines, Inc. d/b/a California Pacific Airlines is fit, willing, 

and able to engage in interstate scheduled air transportation of persons, property, and mail, 

subject to conditions.

2. We issue a certificate of public convenience and necessity to Carlsbad-Palomar Airlines, Inc. 

d/b/a California Pacific Airlines to engage in interstate air transportation in the form and subject 

to the Terms, Conditions, and Limitations attached.

3. We direct that should Carlsbad-Palomar Airlines, Inc. d/b/a California Pacific Airlines

propose to operate more than three aircraft, it must 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.
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4. We direct Carlsbad-Palomar Airlines, Inc. d/b/a California Pacific 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.1

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

 

1 The report shall include a description of the 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 Air Transportation

This Certifies That

CARLSBAD-PALOMAR AIRLINES, INC.

d/b/a CALIFORNIA PACIFIC 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 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 2011-8-23 Susan L. Kurland

On August 25, 2011 Assistant Secretary for

Effective (See Attached) Aviation and International Affairs
Attachment

Terms, Conditions, and Limitations

CARLSBAD-PALOMAR AIRLINES, INC.

d/b/a CALIFORNIA PACIFIC AIRLINES

is authorized to engage in interstate 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 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 issue tickets for the operations proposed under this certificate, 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 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'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 
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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 authorized to conduct charter flights in interstate and/or foreign air 

transportation in accordance with the provisions of 14 CFR 212. 

(8) 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, subject 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), Texas, except within the limits set forth in section 29 of the 

International Air Transportation Competition Act of 1979, as amended or as modified by 

any future legislation addressing access restrictions to or from Love Field.

(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 A

SERVICE LIST FOR

CARLSBAD-PALOMAR AIRLINES, INC.

JEROME PENDZICK

FAA FSDO MANAGER

8524 GIBBS DRIVE

SUITE 120

SAN DEIGO CA 92123

MR PETER LYNCH AGC-300

FAA ASST CHIEF COUNSEL

FOR ENFORCEMENT

800 INDEPENDENCE AVE SW 

WASHINGTON DC 20591

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

BERNARD STANKUS 

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

TED VALLAS

PRESIDENT AND CEO

CALIFORNIA-PALOMAR AIRLINES INC

 D/B/A CALIFORNIA PACIFIC AIRLINES

5670 EL CAMINO REAL 

SUITE D

CARLSBAD CA 92008

ANNE SUISSA RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590