BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Applications of 

SKY KING, INC. 

for certificates of public convenience and necessity 

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

foreign charter air transportation of persons, property 

and mail 

) 

) 

) 

) 

) 

) 

) 

) 

Dockets DOT-OST-97-3017 

DOT-OST-97-3113 

APPLICATION OF SKY KING, INC. 

FOR RE-ISSUANCE OF CHARTER CERTIFICATES 

Communications with respect to this document should be sent to: 

Frank J. Visconti 

President & CEO 

Sky King, Inc. 

800 North Magnolia Drive 

Suite 510 

Orlando, FL 32803 

May 12,2015 

Pierre Murphy 

Law Offices of Pierre Murphy 

1200 New Hampshire Avenue, NW 

Suite 590 

Washington, DC 20036 

Telephone: (202) 776-3980 

Facsimile: (202) 776-3975 

Email: pmurphy@lopmurphy.com 

Attorney for Sky King, Inc. 
Applications of 

SKY KING, INC. 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Dockets DOT -OST -97-3017 

DOT-OST-97-3113 

for certificates of public convenience and necessity 

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

foreign charter air transportation of persons, property 

and mail 

) 

) 

) 

) 

) 

) 

) 

) 

) 

APPLICATION OF SKY KING, INC. 

FOR RE-ISSUANCE OF CHARTER CERTIFICATES 

Pursuant to Part 215 of the Department's Economic Regulations, Sky King, Inc. ("Sky 

King") hereby requests registration with the Department of corporate name and trade names 

under which Sky King desires to conduct operations, and Sky King further requests reissuance of 

Sky King's Charter Certificates in its updated corporate name and trade names, Songbird 

Airways, Inc., d/b/a XTRA Airways, d/b/a XTRAirways. 

In support of its application, Sky King states as follows: 

1. Sky King is a U.S. certificated air carrier holding Certificates of Public 

Convenience and Necessity issued by Order 2014-12-12 (December 22, 2014) in these dockets. 

At that time, the Department found Sky King fit to resume interstate and foreign charter 
APPLICATION OF SKY KING, INC. 

services. 1 Pursuant to this authority, Sky King operates various private (ad hoc) and public 

charters utilizing Boeing B737-400 aircraft. 

2. To better market its operations, Sky King is changing its corporate name to 

Songbird Airways, Inc. and, to the extent necessary, registering the trade names XTRA Airways 

and XTRAirways to be utilized in its existing and future lines of business. A copy of the 

Articles of Amendment to the Articles of Incorporation of Sky King, Inc. effecting a change in 

corporate name is attached hereto at Exhibit 1. 

3. These changes are a simple change of the corporate and trade names only. There 

is no change to the carrier's operations, ownership, or management. As such, the carrier is not 

requesting a transfer of its Charter Certificate, only a reissuance of the relevant charter 

Certificates in the updated corporate name. 

4. Based on information and belief, Songbird Airways, Inc. is not identical or similar 

in any way to the name of any other certificated, commuter, or foreign air carrier.2 

5. A signed OST Form 4523 in the carrier's updated name as filed in the relevant 

docket is attached at Exhibit 2. 

The Interstate and Foreign Charter Certificates were earlier issued by DOT Order 2002-10-39. 

2 As is the case with any number of commuter carriers sharing common d/b/a names, the d/b/a trade names 

XTRA Airways and XTRAirways are currently authorized d/b/a's of another certificated air carrier having commonownership with certificate-holder herein. 

2 
APPLICATION OF SKY KING, INC. 

WHEREFORE, Sky King, Inc. requests that the Department register the corporate and 

trade name changes to Songbird Airways, Inc., d/b/a XTRA Airways, d/b/a XTRAirways and 

reissue its Charter Certificates in that name. Oral action is requested at the earliest possible time 

with written confirmation to follow in due course. 

May 12,2015 

3 

i eM 

Offi es of Pierre Murphy 

0 New Hampshire Avenue, NW 

Suite 590 

Washington, DC 20036 

Telephone: (202) 776-3980 

Facsimile: (202) 776-3975 

Email: pmurphy@lopmurphy.com 

Attorney for Sky King, Inc. 
EXHIBIT 1 
Certificate of Amendment 

of Articles of Incorporation 

The undersigned certify that: 

1. They are the president and the secretary, respectjvely, of Sky King, 

Inc., a California corporation. 

2. Artide 1 of the Articles of Incorporation of Sky King, Inc., a California 

corporation, is amended to read as follows: 

The name of this corporation is Songbird Airways, Inc. 

3. The foregoing amendment of Articles of Incorporation has been duly 

approved by the board of directors. 

4. The foregoing amendment of Articles of Incorporation has been duly 

approved by the required vote of shareholders in accordance with Section 902, 

California Corporations Code. The total number of outstanding shares of the 

corporation is one hundred (1 00). The number of shares voting in favor of the 

amendment equaled or exceeded the vote required. The percentage vote 

required was more than 50o/o. 

We further declare under penalty of perjury under the laws of the State of 

CaJifornia that the matters set forth in this certificate are true and correct of our 

own knowledge. 

DATE: May 6, 2015 

cr&JA Frank Vis~ti '---,___;, 

Presidenf 
EXHIBIT 2 
LAW OFFICES 

PIERRE MURPHY 

SUITE590 

1200 NEW HAMPSHIRE AVENUE, NW 

WASHINGTON, D.C. 20036 

TELEPHON E: (202) 776-3980 

TELECOPIER: (202) 776-3975 

VIA ELECTRONIC SUBMISSION 

Attn: Ms. Barbara Hairston 

Dockets OST -95-236 

Dockets Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

May 12,2015 

Re: Sky King. Inc.: 

E·MAIL: PMURPHY@LOPMURPHY.COM 

Form OST-4523 (Warsaw Waiver); Docket OST-95-236 

Dear Ms. Hairston: 

Pursuant to the economic authority1 issued by the Department to Sky King, Inc. ("Sky 

King"), Sky King hereby requests pursuant to applicable Part 215 procedures a registration of the 

trade names: Songbird Airways, Inc., d/b/a XTRA Airways, d/b/a XTRAirways. 

Attached please find three (3) executed copies ofOST Form 4523 as well as electronic 

payment confirmation of the $56 fee associated with the new registration. 

Should you require any additional information in connection with this matter, please let 

me know. 

ierre Murphy 

Attorney for Sky King, Inc. 

cc: Frank Visconti (Sky King) (via email) 

See: DOT Order 2014-12-12 (Final Order fmding Sky King, Inc. is a US citizen and fit, willing and able to 

resume interstate and foreign charter air transportation of persons, property and mail.) 
U.S. Department of Transportation 

Office of the Secretary of Transportation AGREEMENT 

Docket OST 9S.236 

The undersigned caniers (hereinafter referred to as "the Caniera•) hereby agree as follows: 

1. Each of the Carrier~ shall. effective May 16, 1986, include the follov.ing In its conditions of earriage, including tariffs embodying 

conditions of earriage filed by it with any government: 

"The Carrier shall avail itseJf of the limitation of liability provided in the Convention for the Unification of Certain Rules 

Relating to lnt.emational Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by 

the Protocol signed at The Hague September 28th, 1955. However, in accordance with Article 22(1) of said Convention, or said 

Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined In 

the said Convention or said Convention as amended by said Protocol. which, acccrding to the contract of Carriage, includes a 

point in the United States of America as a point cf origin, point of destination, or agreed stopping place 

(1) The limit of liability for each passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 

inclusive of JegaJ fees and ccsts, except that, In case of a claim brought in a State v.ttere provision is made for separate 

award of legal fees and costs, the lfmit shatf be the sum of US $58,000 exclusive of legal fees and costs. 

(2) The carrier shall not, with respect to any ctalm arising out of the death, wounding, or other bodily injury of a passenger, 

avail itself of any defense under Article 20( 1) of said Convention or said Conve~tlon as amended by said Protocol. 

Nothing herein shall be deemed to affect the rights and liabilities of the Carrier tMth regard to any claim brought by, on behatf 

of, or in respect of any person who has wiltfully caused damage \\tllch resulted in death, wounding, or other bodily Injury of a 

passenger: · 

2. Each carrier shall, at the time of delivery of the ticket~ furnish to each passenger whose transportation is govemed by the 

Convention, or the Convention as amended by the Hague Protocol, and by the speclaJ contract described In paragraph ·1. the following 

notice, which shall be printed In type at least as large as 10 point modem type and In ink contrasting wth the stock on (i) each ticket; (ii) 

a piece of paper either placed In the ticket envelope with the Ucket or attached to the ticket; or (Iii) on the ticket envelope: 

.,ADVICE TO INTERNATIONAL PASSENGER ON LIMlTATION OF UABIUTY 

Passengers on a joumey lnvoMng an ultimate destination or a stop ln a country other than the country of origin are advised 

that the provislons of a treaty known as the Warsaw Convention may be applicable to the entire joumey, including any porti'on 

entirely within the country of origin or destination. For such passenger& on a joumey to, from, or wfth an agreed stopping place in 

the United States of America, the Convention and special contracts of carriage embodied In applicable tariffs provide that the 

liability of 

[certain )* 

[(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is 

timited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such Umit shall nat 

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or 

on a joumey not to, from, or having an agreed stopping place in the United States of Amertca. liability of the carrier for death or 

personal Injury to passengers is limited In most cases to approximately US $10,000 or US $20,000. 

The names of Carriers parties to such special corrtracts are available at all ticket offices of such carriers and may be 

examined on request. 

Additional protection can usually be obtained by purchasing Insurance from a private company. Such insurance is not 

affec1ed by any limitation of the carriers tiabllity under the Wa1'88w Convention or such special contracts of carriage. For further 

information p1ease consult your air1lne or insurance company representative.• 

3. [This Agreement was filed wth the Civil Aeronautics Board ofthe United States. The Board approved it by Order E~23680, 

adopted May 13, 1966. The Agreement (Agreement 18900) became efrectlve May 16. 1966. On January 1, 1985, this Agreement 

became the responsibility of the Department of Transportation (Don by operation of law.] 

4. This Agreement may be signed in any number cf counterparts, an of which shall constitute one Agreement. Any Carrier may 

become a party to this Agreement by signing a counterpart hereof and depositing it with DOT. 

5 .. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) mon 

and the other Carriers parties to the Agreement 

•Either altematlve may be used. 

OST Farm 4523 (Fannerty CAB Fonn 283) 

(Signature and Dale) ....!!5:i!!S==:~:::::;;;:2i!~~==~~~---­

(Printed Name and Title) __ na.DJU....Y.llSQ.CllllUmLim:DL&J~u_---

(Name and Address ofCanier) ___ s_o_n_g_b,_·r_d_A_i_rw_a_y_s_:J _In_c_., ______ _ 

d/b/a XTRA Airways. d/b/a XTRAirways 

800 North Magnolia Drive 

Suite 510 

Orlando, FL 32803 

....,...., _________ -.... _________ .--__ , ___ .. ~,. .... ·. --
U.S. Department of Tran1portation 

Office of the Secretary of Transportation AGREEMENT 

Docket OST 95--236 

The undersigned earners (hereinafter referred to as '"the Carriers•) hereby agree as follows: 

1. Each of the Carriers shall, effective May 16, 1966t include the follo\Wig in its conditions of carriage. induding tariffs embodying 

conditions of carriage filed by it with any government: 

"The Carrier shall avail itseJf of the limitation of liability provided in the Convention for the Unification of Certain Rules 

Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by 

the Protocol signed at The Hague September 28th, 1955. However. in accordance with Artide 22(1) of said Convention, or said 

Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined In 

the said Convention or said Convention as amended by said Protocol, which. according to the contract of Carriage, includes a 

point in the United States of America as a point of origin. point of dastinatio.n, or agreed stopping place 

(1) The limit of liability for each passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 

indusive of legal fees and costs, except that, in case of a claim brought in a State where provision is made for separate 

award of legal fees and costs, the limit shall be the sum of us $58,000 exclusive of legal fees and costs. 

(2) The carrier shall not, with respect to any dalm arising out of the death, wounding, or other bodJiy injury of a passenger, 

avail itseff of any defense under Article 20( 1) of said Convention or said Conve~tton as amended by said Protocol. 

Nothing herein shall be deemed to affect the rights and liabilities of the Canier with regard to any claim brcught by, an behatf 

of, 'or in respect cf any person who has wUfully caused damage ¥Allch resulted in death. wounding, or other bodily Injury of a 

passenger: · 

2. Each carrier shall, at the time of delivery of the ticket1 furnish to each passenger whose transportation is govemed by the 

Convention, or the Convention as amended by the Hague Protocol, and by the special contract described In paragraph 1. the following 

notice, which shall be printed Jn type at least as large as 10 point modem type and in ink contrasting wth the stock on (i) each ticket; (ii) 

a place of paper either placed In the ticket envelope with the ticket or attached to the ticket; or (iii) on the ticket envelope: 

"ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF UABIUTV 

Passengers on a joumey lnvoMng an ultimate destination or a stop ln a country other than the country of origin are advised 

that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire joumey. including any portion 

entirely within the country of origin or destination. For such passengers on a Joumey to, from, or with an agreed stopping place in 

the United States of America, the Convention and special contracts of carriage embodied In applicable tariffs provide that the 

liability of 

[certain 1• 

[(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is 

limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such Umit shall not 

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or 

on a joumey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or 

personal Injury to passengers Is limited In most cases to approximately US $10,000 or us $20,000. 

The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be 

examined on request. 

Additional protection can usually be obtained by purchasing insurance from a private company. Such Jnsurance is not 

affected by any limitation of the carrier's Habllity under the Warsaw Convention or such special contracts of carriage. Fer further 

information please consult your airtine or insurance company representative. • 

3. (This Agreement was filed wth the Clvfl Aeronautics Board of the United States. The Board approved it by Order E~23680. 

adopted May 13, 1966. The Agreement (Agreement 1 8900) became effective May 16, 1966. On January 1, 1985, this Agreement 

became the responsibility of the Department of Transportation (DOT) by operation of law.] 

4. This Agreement may be signed in any number of counterparts, alf of which shall constitute one Agreement. Any Carrier may 

become a party to this Agreement by signing a counterpart hereof and depositing it wlth DOT. 

5+ Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) mon 

and the other Carriers parties to the Agreement 

'"Either alternative may be used. 

OST Fonn 4523 (FonnerlyCAB Fonn 263) 

(Signature and Dale} ..s::a::=:::-:::::::=~:2i:~~==~ ---­

(Printecl Name and Title} __ ....trao.JU....::L.I.SCl~U~WIJ:nt.£..:~U...---

(Name and Address of Canier} _ __ s_o_n_gb_,_·r_d_A_i_rw_a_y_s_, _In_c_·~------­

dlb/a XTRA Airwayst d/b/a XTRAirways 

800 North Magno)ia Drive 

Suite 510 

Orlando .. FL 32803 

, _____ ..,..., ..... --
U.S. Department of Transportation 

Office of 1ha Secretary of Transportation AGREEMENT 

Docket OST 15-236 

The undersigned earners (hereinafter referred to as '"the Caniers•) hereby agree as follows: 

1. Each of the Carriers shall. effective May 161 1986, include the folloYAng in its conditions of carriage, induding tariffs embodying 

conditions of carriage filed by it v.fth any government: 

"'The Carrier shall avail itself of the limitation of Uabillty provided in the Convention for the Unification of Certain Rules 

Relating to lntemationaJ Carriage by AJr signed at Warsaw October 12th, 1929, or provided in the said Convention as emended by 

the Protocol signed at The Hague September 28th, 1955. Howevert In accordance with Article 22(1) of said Convention, or said 

Convention as amended by said Protocol, the Carrier agrees that, as to all International transportation by the Carrier as defined in 

the said Convention or said Convention as amended by said Protocol, Yttlich, according to the contract of Carriage, includes a 

point in the United States of America as a point of origin, point of destination, or agreed stopping place 

(1) The limit of liability for each passenger for death, wounding, or other bodily Injury shall be the sum of US $75,000 

inclusive of JegaJ fees and costs, except that, In case of a daim brought in a State \\'here prevision is made for separate 

award of legal fees and costs. the lrmit shall be the sum of US $58,000 exclusive of legal tees and costs. 

(2) The carrier shall not, with respect to any ctalm arising out of the death, wounding, or ottter bodily injury of a passenger, 

avail itseH' of any defense under Article 20( 1) of said Convention or said Conve~tion as amended by said Protocol. 

Nothing herein shall be deemed to affect the rights and liabilities of the Carrier oMth regard to any claim brought by, on behatf 

of, or in respect of any person who has ~llfully caused damage which resulted in death, Y«Jundlng, or other bodily Injury of a 

passenger: · 

2. Each Carrier shall, at the time of delivery of the ticket. furnish to each passenger vmose transportation is governed by the 

Convention, or the Convention as amended by the Hague Protocol, and by the special contract described In paragraph 1, the folfOYJing 

notice, which shall be printed In type at least as large as 10 point modem type and in ink contrasting wth the stock on (i) each ticket; (ii) 

a piece of paper either placed In the ticket envelope wth the ticket or attached to the ticket; or (iii) on the ticket envelope: 

•ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF UABILfTY 

Passengers on a journey lnvoMng an ultimate destination or a stop in a country other than the country of origin are advised 

that the provislons of a treaty known as the Warsaw Convention may be applicable to the entire joumey. including any portion 

entirely within the country of origin or destination. For such passengers on a joumey to, fromt or with an agreed stopping place in 

the United States of America, the Convention and special contracts of caniage embodied In applicable tariffs provide that the 

liability of 

[certain )* 

[(name of carrier) and certain other] carriers parties to such specia1 contracts for death of or personal injury to passengers is 

limited in most casas to proven damages net to exceed US $75,000 per passenger. and that this liability up to such Umit shall net 

depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or 

on a joumey not to, from, or having an agreed stopping place in the United States of America, Uabitlty of the canier for death or 

personal Injury to passengers is limited In most cases to approximately US $10,000 or US $20,000. 

The names of Carriers parties to such special contracts are available at all ticket offices of such earners and may be 

examined on request. 

Additional protection can usually be obtained by purchasing Insurance from a private company. Such Jnsurance is not 

affected by any limitation of the caniers Habllity under the Warsaw Convention or such special contracts of carriage. For further 

information please consult your airllne or insurance company representative. • 

3. (This Agreement was flied tMth the Civil Aeronautics Board of the United States. The Board approved it by Order E~23680, 

adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement 

became the responsibility of the Department of Transportation (DOT) by operation of law.] 

4. This .Agreement may be signed in any number of counterparts, all of which shall constitute one Agreement. Any Carrier may 

become a party to this Agreement by signing a counterpart hereof and depositing it with DOT. · 

5+ My Carrier party hereto may withdraw from this Agreement by giving twelve (12) mon ' lM'ftte notice of v.1thdrawal to DOT 

and the o1her Carriers parties to the Agreement 

"'Either alternative may be used. 

OST Fonn .&523 (Fannerly CAB Fann 213) 

(Signature and Date) ....!55i!5:=::~:=:::;:2i~~:::::::~;e::- ----

(Printed Name and TiUe) __ ...tranJU....:i.l~llllU~il.CUml..&.ll.J;:;U.... __ _ 

(Name and Address of Carrier) _ __ s_o_n_g_h1_'rd_A_i_rw_a:_y_s_JI l_n_c_., ______ _ 

d/b/a XTRA Airwayst d/b/a XTRAirways 

800 North MagnoHa Drive 

Suite 510 

Orlando, FL 32803 

---- ~·····- --
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Transaction Date: 05/12/2015 01:11:44 PM EDT 

Payment Date: 05/12/2015 

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Card Holder Name: Pierre E. Murphy 

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Comment: 

Songbird Airways, Inc., d/b/a XTRA Airways, d/b/a XTRAirways Form 

OST 4523 (Warsaw Waiver) 

Uploaded File(s) (Optional) 

• Songbird Warsaw Filing.pdf: success 

This information will appear on 

Regulations.gov: 

First Name: City: 

Pierre Washington 

Last Name: Country: 

Murphy United States 

This information will not appear on 

Regulations.gov: 

Email 

Address: 

pmurphy@lop 

murphy.com 

Phone 

Number: 

~/1 ?/?01 ~ 
Regulations.gov - Your Receipt Page 2 of2 

Mailing State or 202-776-3980 

Address: Province: 

Law Offices of DC Fax Number: 

Pierre Murphy 

ZIP/Postal 

202-776-3975 

- Mailing Code: -

-

- Address 2: - 20036 -

--

- 1200 New -

-

-

-

- Hampshire -

- Avenue, NW, -

-

Suite 590 

http://www.regulations.gov/ ~/1 ?/?01 '\ 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing application, including all exhibits, has been provided by 

email on May 12, 2015 to each of the following persons: 

Martin Polomski 

CMOManager 

FAA South Florida Certificate Management Office 

5950 Hazeltine National Drive 

Suite 410 

Orlando, FL 32822 

martin.polomski@faa.gov 

Kristin 

~V)~~~ K. Leake