Order 2010-4-4

Served:April 9, 2010

Issued by the Department of Transportation

on the 9

th day of April, 2010

Fitness Determination of

RUGBY AVIATION, LLC d/b/a/ 

NORTHWEST SKY FERRY

as a commuter air carrier under 

section 49 U.S.C. § 41738

 Docket DOT-OST-2009-0188

 

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this 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 2010-2-26 issued February 26, 2010, the Department found Rugby fit to conduct scheduled 

passenger service as a commuter air carrier. Under the terms of that order, the authority would become 

effective 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 received a copy of Rugby’s Air Carrier 

Certificate and Operation 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 its proposed 

commuter operations. Under these circumstances, 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 the 
2

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 reissue the Commuter Air Carrier Authorization issued to Rugby Aviation, 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 of 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 petition 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 petition 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 current 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 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 

(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 2010-4-4

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 interest.

(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 limited 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 section.

(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 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 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/BTS 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