Order 2011-8-5 

Served: August 3, 2011 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

 on the 3rd day of August, 2011 

Application of 

TWIN CITIES AIR SERVICE, LLC 

for authority to engage in scheduled passenger 

operations as a commuter air carrier under 

49 U.S.C. § 41738 

 Docket DOT-OST-2011-0032 

FINAL ORDER 

Summary 

By this order, we (1) find that Twin Cities Air Service, LLC (“Twin Cities”), is a citizen of the United 

States and is fit, willing, and able to provide scheduled passenger air transportation as a commuter air 

carrier; (2) confirm our oral action of July 25, 2011, making its commuter authorization effective on 

that date; and (3) issue to it a Commuter Air Carrier Authorization, subject to the attached Terms, 

Conditions, and Limitations, to reflect its effective date. 

Background 

By Order 2011-7-5, issued July 13, 2011, we directed all interested persons to show cause why we 

should not make final our tentative findings and conclusions that Twin Cities is fit, willing, and able to 

provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 

of the Federal Aviation Regulations (“FAR”). Interested persons were given seven days to file 

objections to the order. 

No objections to the show-cause order were received. 

UPDATED FITNESS 

The authority to operate under this commuter authorization was not to become effective until six 

(business) days after the Department had received (1) a copy of Twin Cities’ Air Carrier Certificate 

and Operations Specifications from the Federal Aviation Administration (“FAA”) authorizing it to 

engage in such operations, (2) a certificate of insurance evidencing liability insurance coverage 

meeting the requirements of Part 205 of our rules, and (3) updated fitness information describing any 

changes Twin Cities may have undergone subsequent to the Show Cause order in this proceeding, 

including evidence that the air carrier continued to have funding sufficient to meet our financial fitness 

criteria. 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
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On July 19, 2011, Twin Cities submitted updated fitness information to make its commuter authority 

effective. Specifically, the air carrier provided a copy of OST Form 6410 evidencing liability 

insurance meeting the requirements of 14 CFR 205.5(b) and a copy of its Air Carrier Certificate and 

Operation Specifications from the FAA authorizing it to engage in its proposed operations. Twin 

Cities also provided third-party verification that, as of July 19, 2011, it continues to meet the 

Department’s financial fitness criteria. It also updated its list of key personnel. 

Our review of the material revealed the need for further information and/or clarification. Thus, the 

Department requested that Twin Cities file detailed resumes, including FAA licenses and certificates, 

specific titles and duties, and citizenship, for the new key personnel. We also requested that Twin 

Cities submit an updated list of (1) all actions and outstanding judgments for more than $5,000, 

including the amount of each judgment, the party to whom it is payable, and how long it has been 

outstanding; (2) actions and outstanding judgments of less than $5,000 and the total amount owed by 

each on such judgments; (3) all pending investigations, enforcement actions, and formal complaints 

filed by the Department, including the FAA, regarding compliance with the Statute or orders, rules, 

regulations, or requirements issued pursuant to the Statute, and any corrective actions taken; and (4) all 

charges of unfair or deceptive or anticompetitive business practices, or of fraud, felony or antitrust 

violation, brought against any relevant corporation, key personnel employed (or to be employed) by 

any relevant corporation, or person having a substantial interest in any relevant corporation since the 

issuance. 

On July 22, 2011, Twin Cities filed the additional information and requested that the Department 

waive the six business day waiting period, noting that the peak season for its proposed commuter 

services occurs in the months of July and August. 

Management 

Mr. Jamey D. Gauthier will replace Mr. Dale Stewart as Chief Pilot. Mr. Stewart will remain 

employed by Twin Cities and will provide significant oversight of the transition in responsibilities. 

Mr. Gauthier is a U.S. citizen who has been employed by Twin Cities since 2000. He began as a flight 

instructor and in 2002 became a FAR 135 Captain. Since 2005, he has been both pilot-in-command 

(“PIC”) and second-in-command (“SIC”) in King Air BE-200 turboprop aircraft. An FAA Safety 

Counselor from 2001 to 2003, Mr. Gauthier was previously employed in non-aviation positions by 

Nichols Portland (1996-2001) in production, training, and data collection and L.L. Bean (1992-1996) 

in distribution and shipping. Mr. Gauthier is a veteran of the U.S. Navy (1986-1990), having served 

with a patrol squadron in armament branch and in-flight ordnance technician positions. While 

Mr. Gauthier’s only aviation experience is as a pilot with Twin Cities, he has over 3,000 PIC flight 

hours in Cessna 402 aircraft, which will be used in Twin Cities’ scheduled operations, and his total 

flight time over 7,000 hours is equivalent to that of Mr. Stewart. 

Mr. David Carter will replace Mr. Ben M. Mosher as Director of Maintenance at Twin Cities. 

Mr. Mosher will remain employed by Twin Cities and will provide significant oversight of the 

transition in responsibilities. Mr. Carter, a U.S. citizen who holds an Airframe and Powerplant 

Mechanic certificate from the FAA, has worked in the aviation industry since 1970 and has been a 

senior mechanic with Twin Cities since 2003. From 1991 to 2003, Mr. Carter was the owner/operator 

of Coastal Aviation Services. He served as Director of Maintenance and Chief Inspector for 

Skymaster Air Taxi (1989-1991) and as floor mechanic and Chief Inspector for Maine Aviation 

Corporation. In 1979, he began work in line maintenance at Bar Harbor Airlines, becoming a 

maintenance supervisor in 1981. From 1970-1978, he completed a four year apprenticeship program 
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to become a Journeyman Aircraft Metal Fabricator and later served as second shift production 

supervisor. 

In view of the experience and background of the applicant’s key personnel, we conclude that Twin 

Cities has the management skills and technical ability to conduct its proposed commuter service.1

REQUEST FOR CONFIDENTIAL TREATMENT 

On July 22, 2011, Twin Cities filed a motion to withhold from public disclosure under section 14 CFR 

302.12 the un-redacted resumes of Jamey D. Gauthier and David Carter, noting that the redacted items 

include the Pilots License Number for Mr. Gauthier and the Mechanic Airframe Powerplant Certificate 

Number of Mr. Carter. Further, Twin Cities has provided redacted resumes in the public docket. 

Rule 12 instructs us to evaluate requests for confidential treatment in accordance with the standards of 

disclosure found in the Freedom of Information Act (5 U.S.C. section 552). By this standard, 

information may be withheld from disclosure under 5 U.S.C. 552(b)(4) if it is (1) commercial or 

financial, (2) obtained from a person outside the government, and (3) privileged or confidential. [Gulf 

and Western Industries, Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979)]. 

There is no question that the information for which confidential treatment is sought is financial or 

commercial in nature and that it was obtained from a person outside the government. The remaining 

question is whether this information is privileged and confidential – whether “disclosure of the 

information is likely to have the following effects: (1) impair the Government’s ability to obtain 

necessary information; or (2) cause substantial harm to the competitive position of the person from 

whom the information was obtained” (See National Parks and Conservation Association v. Morton, 

498 F.2d 765,770 (D.C. Cir. 19740)). Further, to be privileged or confidential, information must not 

be the type that is usually released to the public (See Gulf and Western Industries, Inc. v. United States,

615 F.2d 527, 529 (D.C. Cir. 1979)). 

We have reviewed the applicant’s request and have determined it necessary to grant confidential 

treatment to Exhibits F-7 and F-8. The Department has granted confidential treatment to similar 

documents in the past and we find no reason not to do so here. 

Conclusion 

We find that Twin Cities is fit to conduct its operations as a U.S. commuter air carrier, and that it has 

submitted the documentation necessary to make its authority effective. Therefore, on July 25, 2011, 

we orally advised Twin Cities that we would make its authority effective on that date. By this order, 

we confirm that action and issue to Twin Cities commuter authority to reflect its effective date. 

ACCORDINGLY, 

1. We find that Twin Cities Air Service, LLC 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. 

 

1

 Before authorizing an air carrier to conduct air transportation operations, the FAA also evaluates certain of the air 

carrier's key personnel with respect to the minimum qualifications for those positions as prescribed in the FARs. The 

FAA’s evaluation of these key personnel provides an added practical and in-person test of their skills and technical ability. 

The FAA has advised us that Twin Cities’ management personnel are qualified and acceptable for their positions.
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2. We confirm our oral action of July 25, 2011, granting Twin Cities Air Service, LLC a waiver 

from the six day waiting period and making its commuter authority effective on that date. 

3. We issue a Commuter Air Carrier Authorization to Twin Cities Air Service, LLC, subject to the 

Terms, Conditions, and Limitations attached. 

4. We direct that should Twin Cities Air Service, LLC propose to perform operations that would 

require certification from the FAA under Part 121, it must first provide the Department with at least 

45-days advance notice of such plans and provide updated fitness information establishing its fitness 

for such expansion. 

5. We direct that Twin Cities Air Service, LLC submit to the Air Carrier Fitness Division a 

first-year progress report within 45 days following the end of its first year of actual commuter flight 

operations. 2 

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

 

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 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. 
 

 

 

Commuter Air Carrier Authorization 

TWIN CITIES AIR SERVICE, LLC 

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 2011-8-5 Susan L. Kurland 

On August 3, 2011 Assistant Secretary for

Effective July 25, 2011 Aviation and International Affairs
 

Attachment 

Terms, Conditions, and Limitations 

TWIN CITIES AIR SERVICE, LLC 

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 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. 

(2) The holder’s 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. 

(3) 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. 

(4) 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.

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

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

(6) 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. 

 

 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.
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(7) 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. 

(8) 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. 

(9) 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. 

(10) 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. 
Attachment A 

SERVICE LIST FOR TWIN CITIES AIR SERVICE, LLC 

MR EDWARD P FABERMAN 

WILEY REIN LLP 

1776 K STREET NW 

WASHINGTON DC 20006 

MR BERNARD STANKUS RTS-42 

OFFICE OF AIRLINE INFORMATION 

DOT/RSPA/BTS E-36 

1200 NEW JERSEY AVE SE 

WASHINGTON DC 20590 

MS KATRINA A. SKOWRON 

WILEY REIN LLP 

1776 K STREET NW 

WASHINGTON DC 20006 

 MR WILLIAM J WEBER 

CERTIFICATION MANAGER 

FAA AFS-900 

45005 AVIATION DRIVE SUITE 131 

DULLES VA 20166 

MR NATHAN HUMPHREY 

PRESIDENT 

TWIN CITIES AIR SERVICE, LLC 

81 AIRPORT DRIVE 

AUBURN ME 04210 

MR PETER LYNCH 

ASST CHIEF COUNSEL FOR ENFORCEMENT 

FAA/AGC-300 

800 INDEPENDENCE AVE SW 

WASHINGTON DC 20591 

MR GARY READIO 

AVIATION SAFETY INSPECTOR 

FAA PORTLAND FSDO-65 

PORTLAND ME 04102 

MS ANNE SUISSA 

OFFICE OF AIRLINE INFORMATION 

DOT/RSPA/BTS E-36 

1200 NEW JERSEY AVE SE 

WASHINGTON DC 20590 

FAA FLIGHT STANDARDS DISTRICT OFFICE 

412 YELLOWBIRD ROAD 

PORTLAND ME 04102 

MANAGER 

PORTLAND INTERNATIONAL JETPORT 

1001 WESTBROOK STREET 

PORTLAND ME 04102 

MANAGER 

YARMOUTH INTERNATIONAL AIRPORT 

PO BOX 386 

YARMOUTH NOVA SCOTIA 

CANADA B5A 4B3