Order 2011-4-10

Served: April 8, 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 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-2009-0208

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 2010-61-14, issued June 9, 2010, the Department found Kaiser fit and issued to it a 

certificate authorizing 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 Federal 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, including 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. Specifically, 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 undergone 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 The air carrier’s Director of Maintenance has been replaced by Mr.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. He currently serves as the air carrier’s Vice President and Director of 

Maintenance. Mr. Barrett, an Airframe and Powerplant Mechanic, 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. (April 2005 – August 2006). He also worked as Lead Mechanic for Flight Research, Inc. (November 

1994 – May 1999), and Aerotest, Inc. (January 1990 – November 1994), as well as Director of Maintenance for Skylark 
2

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 

to 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 reissue 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 interstate 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 2010-6-14 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,2it must first 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 direct KaiserAir, 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 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 service date of this order.

 

North (May 1986 – January 1990). Also, Mr. Barrett 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 charter 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 statements, 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 document 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 of 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 2011-4-10 Todd M. Homan

On April 8, 2011 Director

Effective February 28, 2011 Office of Aviation Analysis
Attachment 

As reissued by Order 2011-4-10

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 authority 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 reasonable 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 limited 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. 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.

(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 CFR 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 certificates 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 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.
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 one year of its 

cessation, its authority shall be revoked for dormancy.
Attachment A

SERVICE LIST FOR KAISERAIR, INC.

MARK W ATWOOD

ELIZABETH J WADSWORTH

SHER & BLACKWELL LLP

1800 M STREET NW

SUITE 900

WASHINGTON DC 20036

MR. ROGER ZIMMERMAN

AVIATION SAFETY INSPECTOR

FEDERAL AVIATION ADMINISTRATION

FAA OAKLAND FSDO-27

1420 HARBOR BAY PARKWAY

ALAMEDA, CA 94502

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

BERNARD STANKUS

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MARIANNE SEGUIN

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

SAMUEL PODBERESKY

U.S. DEPARTMENT OF 

 TRANSPORTATION

ASSISTANT GENERAL COUNSEL

 FOR AVIATION AND PROCEEDINGS

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

WILLIAM J WEBER

CERTIFICATION SECTION 

MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166