Order 2014-5-14

Served: May 29, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 29th day of May, 2014

Application of

 NATIONAL AIR CARGO GROUP, INC.

 d/b/a NATIONAL AIRLINES

for an amended certificate of public convenience and 

necessity under 49 U.S.C. 41102 to engage in foreign 

scheduled air transportation of persons, property, and 

mail

Docket DOT-OST-2012-0204 

ORDER STAYING EFFECTIVENESS OF FOREIGN CERTIFICATE

By Order 2013-7-12, issued July 12, 2013, the Department found National Air Cargo Group, Inc. 

d/b/a National Airlines (National) fit, willing, and able to conduct foreign scheduled passenger 

air transportation and issued to it an amended certificate of public convenience and necessity 

authorizing it to engage in such operations, subject to conditions. Specifically, the order directed 

that, should National wish to operate its own aircraft between the United States and the United 

Arab Emirates, or should it wish to operate more than six cargo aircraft and/or more than two 

passenger aircraft, it must first provide the Department with at least 45 days advance notice of 

such plans and provide updated information establishing its fitness for such expansion prior to 

commencement. 

Under its terms and conditions, National’s foreign scheduled passenger certificate would become 

effective on the sixth business day after the Department received, among other things, 

(1) evidence that National has been certificated by the FAA to engage in foreign scheduled 

passenger operations, (2) evidence of liability insurance coverage that meets the requirements of 

section 205.5(b) of our rules, (3) a statement of changes it may have undergone since its fitness 

was examined, and (4) evidence that National continues to have adequate financial resources 

available to it to cover any pre-operating expenses and to provide a working capital reserve equal 

to the operating costs that would be incurred in three months of operations.

On March 24, 2014, National provided updated fitness information to make its foreign scheduled 

certificate effective, including evidence of appropriate liability insurance, a copy of its bank 

statement from Wells Fargo Bank showing the amount of cash the company has on hand, an 

updated first-year expense forecast, and resumes from individuals holding key management 
2

positions. National also submitted Operations Specification from the FAA authorizing foreign 

scheduled operations. 

Upon review of the information provided by National, the Department determined that the 

material was inadequate and thus issued Order 2014-3-20, staying the effectiveness of National’s 

foreign scheduled passenger certificate for a period of 30 days. In that order, the Department 

also stated that if a determination that National continues to be fit was not accomplished within 

30 days, we intended to issue another order staying National’s foreign scheduled passenger 

authority. Since the issuance of that stay order, National did not provide any new information to 

the Department and therefore Order 2014-4-33 was issued on April 30, 2014, again staying the 

effectiveness of National’s foreign scheduled passenger certificate for a period of 30 days. 

Since we have not yet received the required updated information from National which

demonstrates its continuing fitness to operate the proposed services covered by its certificate, we 

have decided to stay the effectiveness of that certificate for another period of 30 days or until the 

air carrier can provide all the documentation required to make its certificate effective, whichever 

is sooner. We note that should National provide the required information to make its authority 

effective, the authority to operate under this certificate will not become effective until six 

(business) days after the Department has received such information, provided however, that the 

Department may stay the effectiveness of this authority at any time prior to this date. We also 

remind National of the requirement that should the air carrier wish to operate its own aircraft 

between the United States and the United Arab Emirates, it must first provide the Department 

with at least 45 days advance notice of such plans and provide updated information establishing 

its fitness for such expansion prior to commencement. 

During this period of stay, we will work closely with National to resolve any outstanding fitness 

issues. However, if a determination that National continues to be fit cannot be accomplished 

within 30 days, we intend to issue another order staying National’s foreign scheduled passenger 

authority.

ACCORDINGLY, acting under authority assigned by the Department in its Regulations, 14 

CFR 385.12(a)(5)(ii): 

1. We stay the effectiveness of the certificate of public convenience and necessity to engage 

in foreign scheduled air transportation of persons, property, and mail issued to National Air 

Cargo Group, Inc. d/b/a National Airlines by Order 2013-7-12, for a period of 30 days from 

the date of this order or until we can reach a determination that National Air Cargo Group, 

Inc. d/b/a National Airlines has provided all the documentation to make its authority effective 

to conduct the operations authorized by its certificate, whichever is earlier. We note that 

should the air carrier provide the required information to make its authority effective, the 

authority to operate under this certificate will not become effective until six (business) days 

after the Department has received such information, provided however, that the Department 

may stay the effectiveness of this authority at any time prior to this date.

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

This order is effective immediately, 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
Attachment A

SERVICE LIST FOR NATIONAL AIR CARGO INC d/b/a NATIONAL AIRLINES

MR PIERRE MURPHY

LAW OFFICES OF PIERRE MURPHY

1200 NEW HAMPSHIRE AVE NW

WASHINGTON DC 20036

MR LUTHER HIPPS

MR CHARLEY BEERS

MR WILLIAM ROYAL

ORLANDO CMO

FEDERAL AVIATION ADMINISTRATION

MR MARK MAZOR 

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166

MR WILLIAM CHADWICK

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT 

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590