Ord er 2011

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Served: February 18, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18 th day of February , 2011

Application of

A LASKA CENTRAL EXPRESS, INC.

for reissuance of its certificat e of public convenience and

necessity under 49 U.S.C. 41102 Docket DOT

- OST

- 1996

- 1657

FINAL ORDER

By Order 2011

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- 4, issued February 4, 2011 , we directed all interested persons to show cause

why we should not make final our tentative findings and c onclusions stated in it

, and reissue a

certificate of public convenience and necessity to A laska Central Express, Inc.

, authorizing it to

engage in interstate scheduled air transportation of persons, property, and mail using small

aircraft , subject to cond itions . Interested persons were given 14 days to file objections to the

order. No objections to the show cause order were received.

ACCORDINGLY:

1. We find that Alaska Central Express, Inc.

, is fit, willing, and able to engage in interstate

scheduled air transportation of persons, property, and mail using small aircraft , subject to

conditions ;

2. We reissue the certificate of public convenience and necessity issued to Alaska Central

Express, Inc.

, by Order 200 8

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- 17 on December 24, 2008

, to authori ze it to engage in interstate

scheduled air transportation of persons, property, and mail in the form and subject to the Terms,

Conditions, and Limitations attached ;

3. We direct Alaska Central Express, Inc.

, to submit to the Air Carrier Fitness Divisio n a first

year progress report within 45 days following the end of its first year of passenger operations ; 1

and

1 The report shall include a description of the air c arrier’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 curr ent operations during its second

year, current financial statements, and a listing of current senior management and key technical personnel.2

4

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

By:

SUSAN L. KURLAND

Assistant Secretary

for Aviation and International Affairs

An electronic version of this document is available on the World Wide Web at

http:// www.regulations .gov

# Certificate of Public Convenience and Necessity

for

Interstate Air Transportation

(as reissued)



### This Certifies That



## A laska C entral E xpress , Inc.

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 in terstate air transportation of persons,

property, and mail.

This Certificate is not transferable without the approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 2011

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On February 18, 2011 Assistant Secretary

Effective on (See Attached) for Aviation and International AffairAttachment

 As Reissued by Order 2011

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### Terms, Conditions, and Limitations

A LASKA CENTRAL EXPRESS , INC.

is authorized to engage in interstate air trans portation of persons, property and mail between

any point in any State, territory, or possession of the United States or the District of Columbia,

and any other point in any of those entities.

This authority is subject to the following provisions:

(1 ) The authority to operate under this certificate will not become effective until six (business)

days after the Department has received the following documents; provided

, however

, that the

Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications authorizing

such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insur ance coverage

meeting the requirements of 14 CFR Part 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key personnel,

operating plans, financial posture, or compliance history, since the date of the Show Cause

Order in this case.

(d) A revised list of pre

- operating expenses already paid and those remaining to be paid, as

well as independent verification that the holder has available to it funds sufficient to cover

any remaining pre

- operating expenses and to provide a working capital reserve equal to the

operating costs that would be incurred in three months of operations.

(2) Pending receipt of effective passenger authority, the holder may not accept payment of any

kind (i.e., cash, check, or credit card), issue tickets for the operations proposed under this

certificate, or enter into contracts for the operations proposed under this certificate, and any

advertisement by the holder must prominently state: "This service is subject to receipt o f

government operating authority."

(3) The holder shall at all times conduct its operations in accordance with the regulations

prescribed by the Department of Transportation for the services authorized by this certificate,

 This certificate is being reissued to reflect the removal of the condition that limits the air carrier to

inters tate charter passenger air transportation.2

and with such other reasonabl e terms, conditions, and limitations as the Department of

Transportation may prescribe in the public interest.

( 4 ) The holder may not operate aircraft originally designed to have a maximum passenger

capacity of more than 60 seats or a maximum payload capa city of more than 18,000 pounds.

( 5 ) The holder's authority under this certificate is effective only to the extent that such operations

are also authorized by the FAA, and comply with all U.S. Government requirements concerning

security, including, but no t limited to 49 CFR Part 1544. * *

( 6 ) The holder shall at all times remain a "Citizen of the United States" as required by

49 U.S.C. 40102(a)(15).

( 7 ) The holder shall maintain in effect liability insurance coverage as required under

14 CFR Part 205. F

ailure to maintain such insurance coverage will render a certificate

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 r evoke this

certificate.

( 8 ) The holder is authorized to conduct charter flights in interstate and/or foreign air

transporta t ion in accordance with the provisions of 14 CFR 212.

( 9 ) Should the holder propose any substantial changes in its ownership, man agement, or

operations (as defined in 14 CFR Part 204.2(l)), it must first comply with the requirements of

14 CFR Part 204.5.

(1 0 ) The holder may not enter into any form of agreement or arrangement with Mr. Neil Bergt,

any member of his family, excluding Mr. Michael A. Bergt, or any entity owned or controlled by

Mr. Neil Bergt or a member of his family

, without obtaining prior approval from the

Department.

(1 1 ) In the event that the holder does not commence actual flying operations under this

certifica te within one year of the date of the Department's determination of its fitness, its

authority shall be revoked for dormancy, unless the holder is conducting operations under

another type of certificate authority. Further, in the event that the holder com mences operations

for which it was found "fit, willing, and able" and subsequently ceases all such operations, its

authority under all certificates held shall be suspended under the terms of 14 CFR Part 204.7

and the holder may neither recommence nor adver tise such operations unless its fitness to do so

has been redetermined by the Department. Moreover, if the holder does not resume operations

within one year of its cessation, its authority shall be revoked for dormancy.

** 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 i ts 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.Appendix A

SERVICE LIST FO R

ALASKA CENTRAL EXPRESS, INC.

MR ROBERT P SILVERBE RG ESQ

ATTORNEY FOR ALASKA CENTRAL EXPRESS INC

SILVERBERG GOLDMAN & BIKOFF LLP

1101 30TH STREET, NW

SUITE 120

WASHINGTON DC 20007

MR MICHAEL BERGT

PRESIDENT

ALASKA CENTRAL EXPRE SS, INC.

59 01 LOCKHEED AVENUE

ANCHORAGE ALASKA 99 502

MS DEE RICE

PRINCIPAL OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

222 WEST 36 TH AVENUE

SUITE 101

ANCHORAGE ALASKA 99 503

REGIONAL COUNSEL, AA L

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FEDERAL AVIATION ADM INISTRATION

ALASKAN REGION HEADQ UA RTERS

222 WEST 7 TH AVENUE SUITE 14

ANCHORAGE ALASKA 99 513 MR WILLIAM J WEBER

CSET ASSISTANT MANAG ER

FEDERAL AVIATION ADM INISTRATION

45005 AVIATION DRIVE AFS

- 900

SUITE 131

DULLES VA 20166

MR PETER J LYNCH

ASSISTANT CHIEF COUN SEL

FOR ENFORCEMENT AGC

- 300

FEDERAL AVIATION ADM INISTRATION

800 INDEPENDENCE AVE NUE SW

WASHINGTON DC 20591

MR CLAY MORITZ

OFFICE OF AIRLINE IN FO

DOT/RITA/BTS E

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- RTS

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1200 NEW JERSEY AVEN UE SE

WASHINGTON DC 20590