Order 2012-12-13

Served: December 19, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19th day of December, 2012

Fitness Determination of

 CITY WINGS, INC. 

 d/b/a SEAFLIGHT

as a commuter air carrier under section 49 U.S.C. 41738

 Docket DOT-OST-2010-0263

ORDER CONFIRMING ORAL ACTION AND 

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our oral action of November 13, 2012, making the commuter 

authorization issued to City Wings, Inc. d/b/a Seaflight (“City Wings”) effective on that date and (2) 

reissue City Wings’ commuter air carrier authorization to reflect its effective date.

Background

By Order 2012-8-12, issued August 7, 2012, the Department found City Wings fit to conduct 

scheduled passenger service as a commuter air carrier. Under the terms of Order 2012-8-12, 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 such operations, (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 2012-7-22), 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 November 12, 2012, City Wings provided a copy of its Air Carrier Certificate and Operations 

Specifications evidencing that the air carrier had been authorized by the FAA to engage in 

scheduled passenger operations, a Certificate of Insurance (OST Form 6410) evidencing liability 

insurance meeting the requirements of 14 CFR 205.5(b), as well as the remaining information 

necessary to make its authority effective, including updated financial, compliance, managerial, and 

ownership information.
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FITNESS UPDATE

City Wings reports that other than the resignation and replacement of its Chief Pilot, Mr. David 

Peltier, it has undergone no changes in ownership, compliance history, operating plans or financial 

posture since the issuance of the Show Cause Order. Mr. Peltier’s replacement, Mr. Kembert 

Mason, a Commercial Pilot with more than 4,300 total flight hours logged, previously served as 

City Wings’ Chief Pilot from December 2010 to December 2011 and he has served a City Wing 

line-pilot since December 2011. City Wings also notes that Mr. Mason is a U.S. citizens and that he 

has been found qualified by the FAA to hold the Chief Pilot position. 

Upon our review of the above change in key personnel and other information provided by City 

Wings, we concluded that the air carrier remained fit to conduct its proposed commuter operations. 

Therefore, on November 13, 2012, we orally advised City Wings that we were making its commuter 

authority effective on that date. By this order, we confirm our oral action and reissue to City Wings

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 November 13, 2012, making the commuter authority issued to 

City Wings, Inc. d/b/a Seaflight effective on that date.

2. We reissue the Commuter Air Carrier Authorization issued to City Wings, Inc. d/b/a Seaflight

by Order 2012-8-12, in the attached form to reflect its effective date.

3. We direct that should City Wings, Inc. d/b/a Seaflight propose to institute operations that would 

require Part 121 certification from the FAA, it must notify the Department in writing at least 45 

days prior to the proposed change in operations and demonstrate its fitness to conduct such 

operations before their commencement.

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.

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
 

 

Commuter Air Carrier Authorization

(as reissued)

CITY WINGS, INC.

d/b/a SEAFLIGHT

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 2012-12-13 Todd M. Homan

On December 19, 2012 Director

Effective November 13, 2012 Office of Aviation Analysis
Attachment

*As reissued by Order 2012-12-13

Terms, Conditions, and Limitations

CITY WINGS, INC.

D/B/A SEAFLIGHT

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'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.



(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 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.

(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.

 

 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.
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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

CITY WINGS, INC.

D/B/A SEAFLIGHT

JASON E MADDUX

GAROFALO GEORLICH HAINBACK PC

1200 NEW HAMPSHIRE AVE NW

SUITE 800

WASHINGTON DC 20036

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

SERGIO LOPEZ 

FSDO MANAGER

SOUTH FLORIDA FSDO 19

2895 SW 145 AVE SUITE 120

MIRAMAR FL 33027

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

EUGEN JUSTICE

AVIATION SAFETY INSPECTOR

SOUTH FLORIDA FSDO 19

2895 SW 145 AVE SUITE 120

MIRAMAR FL 33027