Order 2010

- 4

- 4 Served:April 9 , 2010

Issued by the Department of Transportation

o n the 9 th day of April

, 2010

Fitness Determination of

RUGBY A VIATION, LLC d/b/a/
NORTHWEST SKY FERRY

as a com muter air carrier under

section 49 U.S.C. § 41738 Docket DOT

- OST

- 20 0 9

- 0188

ORDER CONFIRMING ORAL ACTION AND
ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By t his order, we confirm our oral action of April 7 , 2010

, making the authority of Rugby Aviation,

LLC d/b/a Northwest Sky Ferry (“ Rugby”) effective on that date. We reissue Rugby’s commuter air

carrier authorization to reflect its effective date.

Background

By Order 20 10

- 2

- 26 issued February 26 , 2010 , the Department found Rugby fit to conduct scheduled passenger service as a commuter ai r carrier. Un der the terms of that order , the authority would become

effec tive on the sixth business day after we had received (1) a copy of the air carrier’s Air Carrier Certificate and Operation Specifications from the Federal Aviation Administration ( “ FAA ” ) authorizing it to engage in scheduled passenger service, (2) evidence of liability insurance coverage that meets the requirements of section 205.5(b) for all its aircraft, (3) a 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 2010

- 2

- 7), 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 February 25, 2010 , Rugby provided to the Department financial and other updated fitness information, and a copy of OST Form 6410 evidencing liability insurance meeting the requirements of

14 CFR 205.5(b). Additionally, the air carrier stated that it had undergone no substantial changes in ownership, key personnel, compliance history, operating plans or financial posture since the issuance

of the Show Cause Order. On April 7 , 2010 , the Department recei ved a copy of Rugby’s Air Carrier

Certificate and Operat ion Specifications from the air carrier. Additionally, Rugby requested that we make its authority effective prior to the expiration of the six (6) day waiting period.

Upon review of these documents, we concluded that Rugby remained fit to conduct i ts proposed commuter operatio ns. Under these c ircumstances, we concluded that there was no reason not to grant the company the waiver it requested and make its authority effective prior to the expiration of the2

six

- day waiting period. Therefore, on April 7 , 2010 , we orally advised Rugby that we were making its commuter authority effective on that date.

By this order, we confirm our oral action and reissue to Rugby its commuter air carrier authorization to

reflect its effective date.

ACCORDINGLY : Acting under authority assigned by the Department in its regulations, 14 CFR

385.12:

1. We confirm our oral action of April 7 , 2010 , making the commuter authority issued to Rugby Aviation, LLC d/b/a Northwest Sky Ferry, effective on that date.

2

. We r eissue the Commuter Air Carrier A uthorization issued to Rugby A viation, LLC d/b/a Northwest Sky Ferry by Order 2010

- 2

- 26 , in the attached form to reflect its effective date

.

3 We direct Rugby Aviation LLC d/b/a Northwest Sky Ferry to submit to the Air Carrier Fitness

Division a first

- year progress report within 45 days following the end o f its first year of commuter operations

. 1

4

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

Persons entitled to petit ion the Department for review of this order under the Department’s Regulations, 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 petit ion for review shall

not alter its effectiveness.

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

1 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 cur rent operations during its second year, current financial statements (including a balance sheet at the end of its first year of flight operations and a 12

- month income statement ending that same date), and a listing of current senior management and key tec hnical personnel. The air carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and future operations.

# C

ommuter Air Carrier Authorization

(as reissued)

This Certifies That



## RUGBY AVIATION LLC

d/b/a NORTHWEST SKY FERRY

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

- 4

- 4 Todd M. Homan

On April 9

, 2010 Director Effective April 7

, 2010 Office of Aviation Analysis

### Attachment As reissued by Order 2010

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- 4



### Terms, Conditions, and Limitations

RUGBY AVIATION, LLC

d/b/a NORTHWEST SKY FERRY

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 int erest.

(2) 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.

(3) 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 li mited to 49 CFR Part 1544

.

(4) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15).

(5) 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.

(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 secti on.

( 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.

This authority 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

( 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 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 op erations 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 authority shall be revoked for dormancy.

(10) 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 frist be determine fit for such operations.Attachment A

SERVICE LIST FOR
RUGBY AVIATION LLC

d/b/a NORTHWEST SKY FERRY

MR MARK W SCHOENING

RUGBY AVIATION LLC

4165 MITCHELL WAY

BELLINGHAM WA 98226 MR BERNARD STANKUS RTS

- 42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BT S E

- 36

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590 MR CLIFF PETERSON

POI FOR RUGBY AVIATION LLC

1601 LIND AVENUE SW

SUITE 260

RENTON WA 98057

MR LOUIS JANSEN

RUGBY AVIATION LLC

4165 MITCHELL WAY

BELLINGHAM WA 98226 MR CLAY MORITZ RTS

- 42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

- 36

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590 MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE

SUITE 131

DULLES VA 20166

MR PETER LYNCH

FAA ASST CHIEF COUNSEL

FOR ENFORCEMENT

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 REGIONAL COUNSEL

FAA

NORTHWEST MOUNTAIN REGION

1601 LIND AVENUE SW

RENTON WA 98057