Order 2012

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Served: December 19, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 19 th 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

- 0 263

ORDER CONFIRMING ORAL ACTION AND
ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our oral action of November 13 , 201 2

, making the commut er 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 20 1 2

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- 1 2

, issued August 7, 2012 , the Depa rtment found City Wings fit to conduct scheduled passenger service as a commuter air car rier. Under the terms of Order 201 2

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- 1 2 , the authority would become effective on the sixth (business day) after we had received (1) a copy of the

air carrier’s Air Ca rrier 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 Caus e Orde r in this case (Order 201 2

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- 22 ), and (4) updated financial information and evidence that the

air carrier still had available to it funds s ufficient to meet the Department’s financial fitness criteria.

On November 12 , 201 2

, 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

schedu led 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 effect ive

, including updated financial , co mpliance, managerial, and ownership information

.2

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 201 1 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 personn el 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 , 201 2 , making the commuter authority issued to City Wings, Inc. d/b/a Seaflight effective on that date.

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. We reissue the Commuter Air Carrier Authorization issued to City Wings, Inc. d/b/a Seaflight by Order 20 1 2

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- 1 2 , in the attached form to reflect its effective date

.

3. We direct that s hould 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 leas t 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 Departmen t 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

sh all 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 A ir 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, Conditio ns, 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 201 2

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- 13 Todd M. Homan

On December 19, 2012 Director Effective November 13

, 2012 Office of Aviation AnalysisAttachment *As reissued by Order 2 012

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### 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 com ply 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 accord ance with the requirements of 14 CFR Part 298 and any other regulations prescribed by the Department of Transportation for the ser vices 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 covera ge 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.

**T o 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 su ch airport(s) to be served.2

(7 ) The holder may reduce or terminate service at any point or between any two points, subject to compli ance 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 w ithin 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 substanti al change in its ownership, management, or operations (as defined in 14 CFR 204.2(l)), it must first com ply 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

WA SHINGTON 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

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 EUGEN JUSTICE

AVIATI ON SAFETY INSPECTOR

SOUTH FLORIDA FSDO 19

2895 SW 145 AVE SUITE 120

MIRAMAR FL 33027