Order 2011-2-12

Served: February 18, 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 18th day of February, 2011

Application of

ALASKA CENTRAL EXPRESS, INC.

for reissuance of its certificate of public convenience and 

necessity under 49 U.S.C. 41102 

 Docket DOT-OST-1996-1657

FINAL ORDER

By Order 2011-2-4, issued February 4, 2011, we directed all interested persons to show cause 

why we should not make final our tentative findings and conclusions stated in it, and reissue a 

certificate of public convenience and necessity to Alaska Central Express, Inc., authorizing it to 

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

aircraft, subject to conditions. 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 2008-12-17 on December 24, 2008, to authorize 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 Division a first 

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

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and 

 

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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, and a listing of current senior management and key technical personnel.
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4. We will serve a copy of this order on the persons listed 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

Alaska Central Express, 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 interstate 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 2011-2-12 Susan L. Kurland

On February 18, 2011 Assistant Secretary

Effective on (See Attached) for Aviation and International Affair
Attachment



As Reissued by Order 2011-2-12

Terms, Conditions, and Limitations

ALASKA CENTRAL EXPRESS, INC.

is authorized to engage in interstate air transportation 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 insurance 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 of 

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 

interstate charter passenger air transportation.
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and with such other reasonable 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 capacity 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 not 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. Failure 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 revoke this 

certificate.

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

transportation in accordance with the provisions of 14 CFR 212. 

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

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

14 CFR Part 204.5.

(10) 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. 

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

certificate 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 commences 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 advertise 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 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.
 

Appendix A

SERVICE LIST FOR 

ALASKA CENTRAL EXPRESS, INC.

 

 MR ROBERT P SILVERBERG 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 EXPRESS, INC.

5901 LOCKHEED AVENUE

ANCHORAGE ALASKA 99502

 MS DEE RICE

PRINCIPAL OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

222 WEST 36TH AVENUE 

SUITE 101

ANCHORAGE ALASKA 99503

REGIONAL COUNSEL, AAL-7

FEDERAL AVIATION ADMINISTRATION

ALASKAN REGION HEADQUARTERS

222 WEST 7TH AVENUE SUITE 14

ANCHORAGE ALASKA 99513

 MR WILLIAM J WEBER

CSET ASSISTANT MANAGER

FEDERAL AVIATION ADMINISTRATION

45005 AVIATION DRIVE AFS-900

SUITE 131

DULLES VA 20166 

MR PETER J LYNCH

ASSISTANT CHIEF COUNSEL

FOR ENFORCEMENT AGC-300

FEDERAL AVIATION ADMINISTRATION 

800 INDEPENDENCE AVENUE SW

WASHINGTON DC 20591

MR CLAY MORITZ 

OFFICE OF AIRLINE INFO

DOT/RITA/BTS E-36 - RTS-42

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590