2012-4-24

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Nineteenth day of April, 2012

Swift Jet, Inc. Docket OST 2012-0002

Served April 19, 2012

Violations of 49 U.S.C. §§ 41301 and 41712 and 

14 CFR 212.9(b)(1) 

CONSENT ORDER

This consent order concerns violations by Swift Jet, Inc., (Swift Jet) of 14 CFR 212.9(b), 

the Department’s prior authorization requirement rule for foreign air carriers. It directs 

Swift Jet to cease and desist from future violations of those provisions and assesses the 

carrier a compromise civil penalty of $10,000.

Swift Jet is a foreign air carrier that holds a Canadian charter air taxi registration pursuant 

to 14 CFR Part 294. This registration does not authorize Swift Jet to conduct fifthfreedom charters1 to or from the United States. Rather, Swift Jet, and all other similarly 

situated foreign air carriers, must obtain a “statement of authorization” under 14 CFR 

212.9(b)(1) prior to performing a fifth-freedom charter. Notwithstanding this 

requirement, in January 2012, Swift Jet conducted a fifth-freedom charter flight, from 

Anguilla (QPF) in the Caribbean to Wilmington, DE (ILM) to White Plains, NY (HPN) 

without having been granted a statement of authorization covering this operation. 

Foreign air carriers that engage in air transportation without appropriate economic 

authority from the Department, including that required by 14 CFR 212.9(b)(1), violate 

49 U.S.C. § 41310. Violations of Part 212 and section 41301 also constitute an unfair 

 1 A “fifth freedom charter” is a charter flight that carries traffic that originates and terminates in countries 

other than the carrier’s home country, regardless of whether the flight operates via the home country. 14 

CFR 212.3.
2

and deceptive practice and an unfair method of competition in violation of 49 U.S.C. 

§ 41712.2 

In mitigation, Swift Jet states that it did not intentionally violate any law or regulation of 

the Department. At the time, Swift Jet believed that it had obtained a Departmental 

authorization that applied to the flight at issue. Swift Jet further states that it cooperated 

fully with the investigation by the Enforcement Office and that it has taken steps to 

ensure future compliance.

The Department views compliance with the Federal aviation statutes and regulations very 

seriously. Therefore, the Enforcement Office has carefully considered the information 

provided by Swift Jet and continues to believe that enforcement action is warranted. The 

Enforcement Office and Swift Jet have reached a settlement of this matter in order to 

avoid litigation. Without admitting or denying the violations described above, Swift Jet

consents to the issuance of this order to cease and desist from future violations of 14 CFR 

212.9(b)(1) and 49 U.S.C. §§ 41301 and 41712, and to the assessment of $10,000 in 

compromise of potential civil penalties otherwise due and payable pursuant to 49 U.S.C. 

§ 46301. 

This compromise assessment is appropriate considering the nature and extent of the 

violations described herein and serves the public interest. It represents a strong deterrent 

against future noncompliance with the Department’s prior authorization requirement rule 

by Swift Jet and other foreign carriers. 

This order is issued under the authority contained in 49 CFR 1.57a and 14 CFR 385.15.

ACCORDINGLY,

1. Based on the above information, we approve this settlement and the provisions of this 

order as being in the public interest;

2. We find that Swift Jet, Inc., violated 14 CFR 212.9(b)(1) by conducting a fifthfreedom charter flight without the requisite Departmental authorization; 

3. We find that by engaging in the conduct described in paragraph 2, above, Swift Jet, 

Inc., violated 49 U.S.C. § 41301, and engaged in an unfair and deceptive trade 

practice and unfair method of competition in violation of 49 U.S.C. § 41712;

4. We order Swift Jet, Inc., and all other entities owned or controlled by, or under 

common ownership and control with Swift Jet, Inc., its successors, affiliates, and 

assignees, to cease and desist from further similar violations of 49 U.S.C. §§ 41301 

and 41712 and 14 CFR 212.9(b)(1);

 2 See, e.g., ACASS Canada Ltd., Violations of 49 U.S.C. §§ 41301 and 41712 and 14 CFR 212.9(b)(1), 

Order 2010-11-27 (Nov. 24, 2010).
3

5. We assess Swift Jet, Inc., a compromise civil penalty of $10,000 in lieu of civil 

penalties that might otherwise be assessed for the violations described in ordering 

paragraphs 2 and 3, above. Of this total amount, $5,000 is due and payable in five 

equal installments of $1,000. The first installment is due and payable within 30 days 

of the issuance date of this order, the second installment is due and payable within 90 

days of the issuance date of this order, the third installment is due and payable within 

150 days of the issuance date of this order, the fourth installment is due and payable 

within 210 days of the issuance date of this order, and the fifth and final installment is 

due and payable within 270 days of the issuance date of this order. The remaining 

$5,000 shall become due and payable if Swift Jet, Inc., violates this order’s cease and 

desist provisions or the payment provisions within one year following the date of the 

issuance of this order, in which case the entire unpaid portion of this civil penalty 

shall become due and payable immediately; and

6. We order Swift Jet, Inc., to pay the compromise civil penalty assessed in ordering 

paragraph 5, above, by wire transfers through the Federal Reserve Communications 

System, commonly known as "Fed Wire," to the account of the U.S. Treasury. The 

wire transfers shall be executed in accordance with the instructions contained in the 

Attachment to this order. Failure to pay the compromise penalty assessment as 

ordered will subject Swift Jet, Inc., to an assessment of interest, penalty, and 

collection charges under the Debt Collection Act and to possible enforcement action 

for failure to comply with this order.

This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

ROSALIND A. KNAPP

Deputy General Counsel

(SEAL)

An electronic version of this document is available at 

www.regulations.gov