Order 2011-9-1

Served: September 2, 2011

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 2nd day of September, 2011

Fitness Determination of

 SCHUMAN AVIATION COMPANY LTD.

 d/b/a MAKANI KAI HELICOPTERS

 d/b/a KO OLINA HELICOPTERS

 d/b/a PACIFIC AIR EXPRESS

 d/b/a MAKANI KAI AIR CHARTERS

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

 Docket DOT-OST-2010-0006

ORDER CONFIRMING ORAL ACTION AND 

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our oral action of August 26, 2011, making the commuter 

authorization issued to Schuman Aviation Company Ltd. d/b/a Makani Kai Helicopters d/b/a Ko 

Olina Helicopters d/b/a Pacific Air Express d/b/a Makani Kai Air Charters (“Schuman 

Aviation”) effective on that date and (2) reissue Schuman Aviation’s commuter air carrier 

authorization to reflect its effective date.

Background

By Order 2010-8-1, issued August 6, 2010, the Department found Schuman Aviation fit to 

conduct scheduled passenger service as a commuter air carrier. Under the terms of 

Order 2010-8-1, 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 2010-6-17), 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 August 1, 2011, Schuman Aviation provided a copy of its Air Carrier Certificate and

Operations Specifications evidencing that the air carrier had been authorized by the FAA to 
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engage in scheduled passenger operations, as well as a Certificate of Insurance (OST Form 6410) 

evidencing liability insurance meeting the requirements of 14 CFR 205.5(b). 

On August 3, 2011, Schuman Aviation requested a waiver from section 204.7 of our rules 

(14 CFR 204.7), which provides that an air carrier’s authority will be revoked for dormancy if it 

does not commence operations within one year of being found fit, that is by August 6, 2011, in 

Schuman Aviation’s case. By letter dated August 4, 2011, we granted Schuman Aviation’s 

request for a waiver from section 204.7 and an extension until August 26, 2011, to make its 

authority effective.

On August 23, 2011, Schuman Aviation provided the remaining information necessary to make 

its authority effective, including updated financial information and a statement that it had 

undergone no changes in ownership, compliance history, operating plans or financial posture 

since the issuance of the Show Cause Order. 

FITNESS UPDATE

Schuman Aviation identified several changes in its key personnel since the issuance of the Show 

Cause Order. Specifically, Messrs. Richard Pellegrino and Bruce Mayes have assumed positions 

as the air carrier’s Director of Maintenance and Chief Pilot, respectively. 

Mr. Richard Pellegrino, an Airframe and Powerplant Mechanic and Private Pilot with more than 

40 years of experience in aviation maintenance, joined Schuman Aviation in July 2011 as it 

Director of Maintenance. Prior to this, he was employed by Kam Air, an aviation maintenance 

company, as a Company Representative (2008-2009) and by Aloha Airlines as an Aircraft 

Maintenance Supervisor and Maintenance Controller (1987-2008).

Mr. Bruce Mayes joined Schuman Aviation in July 2011 as its Chief Pilot. In addition to his 

duties as responsibilities at Schuman Aviation, he is also President of Vintage Aviation, LLC, a 

comprehensive aviation consulting firm, and owner of Pacific Warbirds, a vintage aircraft charter 

company. Mr. Mayes has been employed by numerous airlines and aviation companies in his 

career of more than 36 years as a fixed wing and helicopter pilot, including Aloha Airlines,

where he served as a Boeing 737 pilot for more than 22 years (1986-2008).

Schuman Aviation notes that each of the above key personnel are U.S. citizens and that they 

have been found qualified by the FAA to hold their respective positions. 

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

Schuman Aviation, we concluded that the air carrier remained fit to conduct its proposed 

commuter operations. Therefore, on August 26, 2011, we orally advised Schuman Aviation that 

we were making its commuter authority effective on that date. By this order, we confirm our 

oral action and reissue to Schuman Aviation its commuter air carrier authorization to reflect its 

effective date.
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ACCORDINGLY: Acting under authority assigned by the Department in its regulations, 

14 CFR 385.12:

1. We confirm our oral action of August 26, 2011, making the commuter authority issued to 

Schuman Aviation Company Ltd. d/b/a Makani Kai Helicopters d/b/a Ko Olina Helicopters d/b/a 

Pacific Air Express d/b/a Makani Kai Air Charters effective on that date.

2. We reissue the Commuter Air Carrier Authorization issued to Schuman Aviation Company 

Ltd. d/b/a Makani Kai Helicopters d/b/a Ko Olina Helicopters d/b/a Pacific Air Express d/b/a 

Makani Kai Air Charters by Order 2010-8-1, in the attached form to reflect its effective date.

3. Should Schuman Aviation Company Ltd. d/b/a Makani Kai Helicopters d/b/a Ko Olina 

Helicopters d/b/a Pacific Air Express d/b/a Makani Kai Air Charters propose to institute 

operations that would require Part 121 certification from the FAA, we direct it to 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

SCHUMAN AVIATION COMPANY LTD.

d/b/a MAKANI KAI HELICOPTERS

d/b/a KO OLINA HELICOPTERS

d/b/a PACIFIC AIR EXPRESS

d/b/a MAKANI KAI AIR CHARTERS

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 2011-9-1 Todd M. Homan

On September 2, 2011 Director

Effective August 26, 2011 Office of Aviation Analysis
Attachment

*As reissued by Order 2011-9-1

Terms, Conditions, and Limitations

SCHUMAN AVIATION COMPANY LTD.

D/B/A MAKANI KAI HELICOPTERS 

D/B/A KO OLINA HELICOPTERS 

D/B/A PACIFIC AIR EXPRESS

D/B/A MAKANI KAI AIR CHARTERS 

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 

 ∗∗ 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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United States Code or the Department's regulations shall be sufficient grounds to revoke this 

authority.

(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

SCHUMAN AVIATION COMPANY LTD.

D/B/A MAKANI KAI HELICOPTERS 

D/B/A KO OLINA HELICOPTERS 

D/B/A MAKANI KAI AIR CHARTERS 

D/B/A PACIFIC AIR EXPRESS

RICHARD SCHUMAN

PRESIDENT

SCHUMAN AVIATION COMPANY LTD

130 IOLANA PLACE

HONOLULU HAWAII 96819

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

GINO REZZONICO

PRINCIPLE OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

HONOLULU FSDO

135 NAKOLO PLACE 

HONOLULU HAWAII 96819

ANNE SUISSA RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

BERNARD STANKUS 

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

CLAY MORITZ

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

GREG WALDEN

PATTON BOGGS LLP

2550 M STREET NW

WASHINGTON DC 20037