Order 2010-3-29

 Served: March 23, 2010

UNITED STATES OF AM ERICA 

DEPARTM ENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

 on the 23rd Day of March, 2010

Fitness Determination of

 CHARTER AIR TRANSPORT, INC. 

as a commuter air carrier under section 

49 U.S.C. §41738

 Docket DOT-OST-2009-0187

FINAL ORDER 

By Order 2010-3-8, issued March 8, 2010, we directed all interested persons to show cause why 

we should not make final our tentative findings and conclusions that Charter Air Transport, Inc. 

(“CAT”), is fit, willing, and able to provide scheduled passenger service as a commuter air 

carrier using small aircraft1 pursuant to Part 135 of the Federal Aviation Regulations. Interested 

persons were given 5 business days to file objections. 

No objections to the show-cause order were received. 

ACCORDINGLY, 

1. We find that Charter Air Transport, Inc., 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 Charter Air Transport, Inc., subject to the 

Terms, Conditions, and Limitations attached. 

 1 Small aircraft is defined as any aircraft originally designed to have a maximum passenger capacity of less than 

60 seats or a payload capacity of no more than 18,000 pounds.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
3. We direct Charter Air Transport, Inc., to submit to the Air Carrier Fitness Division a first 

year progress report within 45 days following the end of its first year of commuter operations.2

 

4. We will serve a copy of this Order on the persons listed in Appendix 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 should 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 operations during its second 

year, a balance sheet as of the end of the company’s first full year of actual flight operations and a twelve month 

income statement ending that same date, and a listing of current senior management and key technical personnel. 

The air carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and 

future operations. 
 

 

Commuter Air Carrier Authorization

 

CHARTER AIR TRANSPORT, INC.

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 scheduled passenger 

air transportation operations as a commuter air carrier.

This authorization is not transferable without the approval of the Department of 

Transportation.

 

 

By Direction of the Secretary

Issued by Order 2010-3-29 Susan L. Kurland

On March 8, 2010 Assistant Secretary for

Effective on (See Attached) Aviation and International Affairs
Attachment

Terms, Conditions, and Limitations

Charter Air Transport, Inc.

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

This authority is subject to the following provisions:

(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 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 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 conduct its operations in accordance with the requirements 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 

Department 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.
(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 18,000 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, including, 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 Part 

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 grounds 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, 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.

(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 the requirements of 14 CFR 204.5.

(11) 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 scheduled 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 

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 CHARTER AIR TRANSPORT, INC.

MR DAVID A LUCAS

CHARTER AIR TRANSPORT INC

2301 NORTH MARGINAL ROAD

CLEVELAND OH 44143

SUSAN B JOLLIE

COUNSEL FOR CHARTER AIR 

 TRANSPORT INC

7503 WALTON LANE

ANNANDALE VA 22003

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

BERNARD STANKUS

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MARIANNE SEGUIN

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

CLAY MORITZ

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

SAMUEL PODBERESKY

U.S. DEPARTMENT OF 

 TRANSPORTATION

ASSISTANT GENERAL COUNSEL

 FOR AVIATION AND PROCEEDINGS

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR WILLIAM J WEBER

CERTIFICATION SECTION 

MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166