Order 2011

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Served: April 8, 2011
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 8th day of April, 2011

Application of

KAISERAIR, INC.

for a certificate of public convenience and necessity

under 49 U.S.C. § 41102 to engage in interstate charter air transportation of persons, property

, and

mail Docket DOT

- OST

- 200 9

- 0 208

ORDER CONFIRMING ORAL ACTION AND
ISSUING EFFECTIVE CERTIFICATE

Summary

By this order, we (1) confirm our oral action of February 28, 2011 , making effective the interstate

certificate issued to KaiserAir, Inc. (“ Kaiser ”)

, to engage in interstate charter air transportation of persons, property, and mail ; and (2) reissue the air carrier’s certificate to reflect its effectiveness.

Background

By Order 2010

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- 14 , issued June 9, 2010 , the Department found Kaiser fit and issued to it a

certificate authoriz ing the air carrier to engage in interstate charter air transportation of persons, property, and mail. The effectiveness of the authority in this certificate was conditioned, among other things, upon the air carrier (1) receiving authority from the Federa l Aviation Administration (“FAA”) authorizing such operations, (2) submitting evidence that it had obtained liability insurance coverage meeting the requirements of Part 205 of the Department’s rules, and (3) providing updated fitness information, includin g evidence that it had obtained the financial resources necessary to meet our financial test for the operations authorized.

On February 24, 2011

, Kaiser submitted to the Department the information necessary to make its certificate authority effective. Sp ecifically, Kaiser provided a copy of its Air Carrier Certificate and Operations Specifications from the FAA, third

- party verification of its available funding, and evidence of appropriate liability insurance. The air carrier also stated that it had unde rgone one minor change in its management. The air carrier’s Director of Maintenance has been replaced by Mr. Glenn Barrett

. 1

1 Kaiser provided a resume for Mr. Barrett showing that he has been with the company since March 2008 working with

Kaiser’s 14 CFR Part 145 repair station . H e currently serves as the air carrier’s Vice President and Director of

Maintenance. Mr. Barrett, an A irframe and P owerplant M echanic

, has over 25 years of aircraft maintenance experience.

Mr. Barrett served as Chief Inspector for Airborne Technologies, Inc. ( August 2006

- October 2007 )

, and Flight Test Associates, Inc

. (A pril 2005

– August 2006) . He also worked as L ead M echanic for Flight Research, Inc. (November

1994

– May 1999), and Aerotest, Inc. (January 1990

– November 1994), as well as Director of Maintenance for Skylark2

Besides this change , Kaiser states that it has not undergone any other changes since its initial fitness

determination . Kaiser also requested that we waive the standard six (business) day waiting period

contained in the terms and conditions of its commuter authorization and award it effective certificate authority as soon as possible after concluding our review of the information and documentation the air carrier provided.

Based on the record before us, we found Kaiser to be fit to conduct interstate charter air transportation of persons, property and mail. Under these circumstances, we concluded that there was no reason not

t o make Kaiser’s authority effective. Thus, on February 28, 2011 , we orally advised Kaiser that we would waive the six day waiting period and make its interstate certificate authority effective on that

date. By this order, we confirm that action and reiss ue to Kaiser its interstate certificate 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 February 28, 2011 , making the section 41102 intersta te scheduled certificate authority issued to KaiserAir, Inc., effective on that same date.

2. We reissue to KaiserAir, Inc., the section 41102 interstate charter passenger certificate issued to it by Order 2010

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- 14 in the attached form to reflect its effective date.

3

. We direct that should KaiserAir, Inc., propose to conduct operations with more than one large aircraft, or make a substantial change in its operations, 2 it must first notify the Department in writing at least 45 days prior to the propos ed change in operations and demonstrate its fitness to conduct such operations before their commencement.

4

. We direct KaiserAir, Inc., to submit to the Air Carrier Fitness Division a first year progress report within 45 days following the end of its firs t year of certificated operations. 3

5

. 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 14 CFR 385.30, may file their petitions within 10 days of the ser vice date of this order.

North (May 1986

– January 1990)

. Also, Mr. B arrett was self

- employed and owned an aircraft maintenance contracting company for more than 6 years (May 1999

– April 2005 and October 2007

– March 2008 ).

2 A substantial change in operations includes, but is not limited to, changes in operations from ch arter to scheduled service, cargo to passenger service, short

- haul to long

- haul service, or small

- aircraft to large

- aircraft operations.

3 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 s tatements, and a listing of current senior management and key technical personnel.3

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 docu ment is available on the World Wide Web at

http://www.regulations.gov

# Certificate of Public Convenience and Necessity for

Interstate Charter Air Transportation

(as reissued)



## KAISERAIR, 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 charter air transportation o

f persons, property, and mail.

This authorization 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 April 8, 2011 Director Effective February 28, 2011 Office of Aviation Analysis

### Attachment

 

### As reissued by Order 2011

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### Terms, Conditions, and Limitations

KAISERAIR, INC.

is authorized to engage in interstate charter 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 auth ority is subject to the following provisions:

(1) 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,

and with such other r easonable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

(2) 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 li mited to 49 CFR Part

1544

. 



(3) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15).

(4) The holder shall maintain in effect liability insurance coverage as required under 14

CFR Part 205. Failur e 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.

(5) The holder is not authorized to engage in air transportation operations between points within the State of Alaska.

(6) Should the holder propose any substantial change in its ownership, management, or operations (as defined in 14 C FR 204.2(l)), it must first comply with the requirements of 14 CFR

204.5.

(7) 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 certificat es held shall be suspended under the terms of 14 CFR 204.7 and the holder may neither recommence

 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 advi se 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.3

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 o ne year of its cessation, its authority shall be revoked for dormancy.Attachment A

SERVICE LIST FOR KAISERAIR, INC.

MARK W ATWOOD
ELIZABETH J WADSWORT H
SHER & BLACKWELL LLP
1800 M STREET NW
SUITE 900
WASHINGTON DC 20036 MR. ROGER ZIMMERMAN
AVIATION SAFETY INSP ECTOR
FEDERAL AVIATION ADM INISTRATION
FAA OAKLAND FSDO

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1420 HARBOR BAY PARK WAY ALAMEDA, CA 94502 PETER LYNCH AGC

- 300
ASST CHIEF COUNSEL F OR
ENFORCEMENT
FEDERAL AVIATION ADM INISTRATION
800 INDEPENDENCE AVE SW
WASHINGTON DC 20591

BERNARD STANKUS
OFFICE OF AIRLINE IN FORMATION
DOT/RITA/BTS RTS

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1200 NEW JERSEY AVE SE
WASHINGTON DC 20590 MARIANNE SEGUIN
OFFICE OF AIRLINE IN FORMATION

DOT/RITA/BTS RTS

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 SAMUEL PODBERESKY
U.S. DEPARTMENT OF
TRANSPORTATION
ASSISTANT GENERAL CO UNSEL
FOR AVIATION AND PRO CEEDINGS
1200 NEW JERSEY AVE SE
WASHINGTON DC 20590

WILLIAM J WEBER
CERTIFICATION SECTIO N
MANAGER
FAA AFS

- 900
45005 AVIATION DRIVE SUITE 131
DULLES VA 20166