Order 2014-1-8

Served: January 9, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 9th day of January, 2014

Application of

 SCOTT AIR, LLC 

 d/b/a SCOTT AIR EXPRESS

 d/b/a DESERT SPLASH ADVENTURES

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

Docket DOT-OST-2012-0178

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE CERTIFICATE

Summary

By this order, we confirm our oral action of August 27, 2013, making effective the 

interstate certificate issued to Scott Air LLC d/b/a Island Air Express d/b/a Desert Splash 

Adventures (“Scott Air”) to engage in interstate scheduled air transportation of persons, 

property, and mail using small aircraft.

1

 We reissue Scott Air’s air carrier certificate to 

reflect its effective date.

Background

By Order 2013-8-5, issued August 19, 2013 the Department found Scott Air fit willing, 

and able to conduct interstate scheduled air transportation of property and mail using 

small aircraft. The effectiveness of the authority in this certificate was conditioned upon 

the air carrier (1) receiving authority from the Federal Aviation Administration (“FAA”) 

authorizing such operations, (2) submitting evidence that it had obtained liability 

insurance coverage meeting the requirements of Part 205 of the Department’s rules, (3) a

 1 “Small aircraft” is defined as any aircraft originally designed to have a maximum passenger capacity 

of 60 seats or less or a maximum payload capacity of 18,000 pounds or less. 
2

statement of any changes it had undergone in areas affecting its fitness subsequent to the 

issuance date of the Show Cause Order in this case (Order 2013-1-12), and (4) updated 

financial information and evidence that the air carrier still had available to it funds 

sufficient to meet the Department’s financial fitness criteria.

On August 22, 2013, Scott Air provided evidence of its appropriate liability insurance, a 

copy of its FAA Air Carrier Certificate and Operations Specifications authorizing it to 

conduct its proposed operations and a letter from the Arizona Business Bank dated 

August 20, 2013, indicating it had access to a $500,000 line-of-credit. Scott Air also

noted it had not undergone any changes that would affect its fitness. Additionally, Scott

Air requested that the Department waive the six-day waiting period and make its 

authority effective as soon as possible.

Based on our review of the information provided by Scott Air, we concluded that the air 

carrier remained a U.S. citizen and was fit to commence its interstate scheduled 

passenger operations. Moreover, our review of the insurance and FAA documentation 

provided by Scott Air was satisfactory. Under these circumstances, on August 27, 2013, 

we advised Scott Air via email that we would make its authority effective on that date. 

By this order, we confirm our action of August 27, 2013, and reissue the air carrier’s 

interstate certificate to reflect its effectiveness.

ACCORDINGLY, Acting under authority assigned by the Department in its Regulations, 

14 CFR 385.12:

1. We confirm our action of August 27, 2013, making the interstate scheduled certificate 

authority issued to Scott Air, LLC by Order 2013-8-5 effective on that same date. 

2. We direct Scott Air, LLC to submit to the Air Carrier Fitness Division a first year 

progress report within 45 days following the end of its first year of actual certificated 

flight operations using small aircraft.

2

 2 The report shall 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, current financial statements, and a listing of current senior management 

and key technical personnel.
3

3. We will serve a copy of this order on the persons listed in Attachment A.

Persons entitled to petition the Department for review of this order, under 14 CFR 

385.30, may file their petitions within 10 days of the service date of this order.

The action confirmed in this order was effective when taken and the filing of a petition 

for review shall not alter its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

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

http://www.regulations.gov
Certificate of Public Convenience and Necessity for 

Interstate Air Transportation 

 

This Certifies That 

SCOTT AIR, LLC

(as reissued)

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 2014-1-8 Todd M. Homan

On January 9, 2014 Director

Effective on August 27, 2013 Office of Aviation Analysis
Attachment *As reissued by Order 2014-1-8

 

Terms, Conditions, and Limitations

Scott Air, LLC 

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 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.

(2) 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.

∗∗

(3) The holder shall at all times remain a "Citizen of the United States" as required by 49 

U.S.C. 40102(a)(15).

(4) 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.

(5) The holder is authorized to conduct charter flights in interstate and/or foreign air 

transportation in accordance with the provisions of 14 CFR 212. 

(6) 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.

 * This certificate is being reissued to reflect its effective date.

∗∗ 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.
2

(7) 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.

(8) 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.

(9) In the event that the holder commences but subsequently ceases all operations for 

which it was found “fit, willing and able,” its authority under this certificate 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.

(10) The holder’s authority is limited to operations pursuant to Part 135 of the Federal

Aviation Regulation. 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.
Appendix A

SERVICE LIST FOR

SCOTT AIR, LLC

PIERRE MURPHY

ATTORNEY FOR SCOTT AIR

1200 NEW HAMPSHIRE AVE NW

SUITE 800

WASHINGTON DC 20036

MARK MAZOR 

FAA – AFS 900

45005 AVIATION DRIVE

SUITE 131 

DULLES VA 20166 

SCOTT VAN VALIN

SCOTT AIR

PO BOX 1174

CRAIG ALASKA 99921

PETER J LYNCH

ASSISTANT CHIEF COUNSEL FOR 

ENFORCEMENT

FAA – AGC 300 

800 INDEPENDENCE AVENUE SE

WASHINGTON DC 20591

TROY MCCLANAHAN

PRINCIPAL OPERATIONS INSPECTOR

FAA

3032 VINTAGE PARK BOULEVARD

SUITE 106

JUNEAU ALASKA 99801

REGIONAL COUSEL AAL-7

FEDERAL AVIATION ADMINISTRATION

ALASKAN REGION HEADQUARTERS

222 WEST 7TH AVENEU SUITE 14

ANCHORAGE ALASKA 99513

GARY GAROFALO

ISLAND AIRLINES LLC

GAROFALO GOERLICH & HAINBACH

1200 NEW HAMPSHIRE AVE NW

SUITE 800

WASHINGTON DC 20036

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-36 

1200 NEW JERSEY AVENUE

WASHINGTON DC 20590

MICHAEL CARNEY

KETCHIKAN INTERNATIONAL AIRPORT

1000 AIRPORT TERMINAL WAY

KETCHIKAN AK 99901

ROBERT SANFORD 

PRESIDENT

REDEMPTION INC

D/B/A ISLAND AIR SERVICE

PO BOX 125 

KODIAK AK 99615

ALLAN MENDELSOHN

HAWAII ISLAND AIR 

COZEN OCONNOR

1627 I STREET NW

SUITE 1100

WASHINGTON DC 20006

TIM LACOUR

AIRPORT MANAGER

KLAWOCK AIRPORT 

PO BOX 91 

CRAIG AK 99921

MR HANK MYERS

PO BOX 7142

BELLEVUE WA 98008