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OST-2001-9311

 


Ogden Flight Services Group, Inc.

OST-01-9311 March 30, 2001 Application for Issuance of Certificate of Public Convenience and Necessity Certificate of Public Convenience and Necessity
    Exhibit List  
    Exhibits 100-502:  Statement, Resumes, Income Statements, Proposed Plan  
    Service List  

For the past fifteen years, FSG has engaged in on-demand air taxi operations pursuant to a Part 135 air carrier operating certificate. Operating from its base in Stratford, Connecticut, FSG has conducted Part 135 operations using a wide range of multiengine jet aircraft. FSG has operated these aircraft to destinations throughout the U.S., the Caribbean, on transatlantic charters to points in Europe, and to a multitude of other international destinations.

These plans require that FSG obtain Part 121 operating authority and certificates of public convenience and necessity to conduct domestic and worldwide charter services. Initially, FSG plans to commence Part 121 operations with a leased Boeing B737-300 aircraft. Subsequent operations may involve Boeing B757 aircraft as well.

FSG is a wholly-owned subsidiary of Operator Holding, Inc., a Delaware corporation ("Operator Holding"). Operator Holding is jointly owned by Aviation Holding, Inc. (75%) and PrivatAir, S.A. (25%). In turn, Aviation Holding, Inc. is a U.S. citizen owned by a number of institutional investors none of which has an ownership share of ten percent or more. PrivatAir S.A. is an operator of commercial air transportation licensed by the civil aviation authorities of Switzerland. In February 2001, the Department granted PrivatAir an exemption to engage in foreign charter air transportation. As the result of an ownership change in December 2000, FSG's ownership structure was recently reviewed by the Department's Assistant General Counsel for International Law.

FSG also will lease a Boeing B737-300. The B737-300 will be leased to FSG by PrivatAir S.A. This aircraft is registered in Switzerland but may be operated by FSG for commercial services in the U.S. pursuant to 14 C.F.R. Part 375.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 May 1, 2001
Docketed May 16, 2001
Request for Additional Information Certificate of Public Convenience and Necessity

On March 30, 2001, you filed on behalf of Ogden Flight Services Group (OFSG) an application requesting both interstate and foreign charter passenger certificate authority. As we discussed on April 9, the Department is treating the subject application (Docket OST-01-9311) as a request for an interstate charter certificate only. We are doing this because the Department's rules require the filing of separate applications for each type of authority sought. Therefore, as we discussed, in order for OFSG to be considered for foreign charter passenger certificate authority, an additional application will need to be filed. On April 25, we discussed this issue again and you stated that OFSG would be filing this foreign certificate application shortly. You noted that this foreign certificate application would not contain any information not already set forth in the interstate certificate application filed on March 30.

As a result, I have decided to proceed with my initial review of the fitness information provided by OFSG in its interstate certificate application, rather than waiting for the companion foreign certificate application. As is typical of such cases, my initial review has revealed the need for additional and/or clarifying information before I can complete processing of OFSG's application.

It is the Department's practice to impose aircraft limitations on all newly certificated air carriers. These limitations generally apply to the entire aircraft fleet of a company, not just to the "large" aircraft utilized by the company. However, because the single B737 aircraft that OFSG intends to operate will constitute a minority of OFSG's total fleet and the remainder of its fleet could be (and currently is being) operated by OFSG as an air taxi operator, any fleet limitation in this case would most likely be two-tiered. While no final decision has been made, it is probable that we would allow OFSG to operate an unlimited number of "small" aircraft, but restrict its "large" aircraft operations to those proposed in the current certificate application. Therefore, if OFSG has any plans to operate with more than one large aircraft within its forecast first year of certificated operations, it should amend its application to reflect such plans and demonstrate its fitness to perform these services. [Note: Our rules define "small" aircraft as aircraft designed for 60 or fewer seats or with a payload capacity of 18,000 pounds or less. Any aircraft above the noted size limits, by original design capacity, are considered to be large aircraft.

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 May 31, 2001 Re:  Filing of Aviation Disaster Family Assistance Plan Certificate of Public Convenience and Necessity

By:  Malcolm Benge, Zuckert Scoutt, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 July 18, 2001 Letter Requesting Additional Information be Filed Within 14 Days or the Application will be Dismissed Certificate of Public Convenience and Necessity

On May 1, 2001, the Department sent you a letter requesting additional information in support of Ogden Flight Services Group's (OFSG) application in Docket OST-01-9311. The referenced letter established a May 22, 2001, response date. Subsequent to this date, you orally requested, and were granted, two extensions of time in which to file OFSG's response. The latest of these extensions expired on July 2, 2001. However, I have not yet received the information the Department requires to complete processing of OFSG's application.

As you are aware, it is not the Department's practice to allow incomplete applications to remain on file for lengthy periods of time. Therefore, unless OFSG files the previously requested information within 14 days of the date of this letter, it is our intention to dismiss OFSG's application in Docket OST-01-9311 as incomplete. Of course, any such action on our part would be without prejudice to OFSG's filing a new certificate application at a later date.

In addition, as you know, we have discussed the need for OFSG to file a separate docketed application if it wishes to be considered for foreign charter authority. While you have indicated that such an application would be forthcoming, to date none has been filed. Absent such a filing, no foreign certificate authority can be granted to OFSG even if OFSG timely files a complete response to our May 1 Information Request.

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 July 27, 2001 Supplement No. 1 to Application Certificate of Public Convenience and Necessity
    Exhibit List  
    Exhibit 100 Series:  Articles of Incorporation  
    Exhibit 200 Series:  Statement of Intent  
    Exhibit 300 Series:  Agreements  
    Exhibit 400 Series:  Organizational Charts, Key Personnel  
    Exhibit 500 Series:  Financial Costs Projections  
    Service List  

In its initial application, OFSG stated that the B737 aircraft designated for Part 121 operations would be leased from PrivatAir, S.A. There has been a slight revision to the proposed lease arrangements. The B737 will be leased from the Wilmington Trust Company to FSG PrivatAir. Upon grant of the authority requested in this application, there will be a sublease of the B737 from FSG PrivatAir to OFSG. OFSG will operate the B737 in connection with charters arranged by FSG PrivatAir as agent for OFSG. This will be a non-exclusive broker arrangement; additional charter business for the B737 will be provided through other charter brokers, such as FlightTime.

By:  Zuckert Scoutt, Malcolm Benge, 202.298.8660

OST-01-9311 July 27, 2001 Motion for Confidential Treatment Certificate of Public Convenience and Necessity
    Service List  

By:  Zuckert Scoutt, Malcolm Benge, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 September 14, 2001 Request for Additional Information Certificate of Public Convenience and Necessity

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 September 28, 2001 Supplement No. 2 to Application Certificate of Public Convenience and Necessity
    Exhibit OFSG-S505Balance Sheet  
    Service List  

The Department has previously requested a copy of all agreements between OFSG and any affiliates, subsidiaries or other entities owned or controlled by certain parties. Since the date of OFSG's last submission, OFSG has entered into an agreement with FSG PrivatAir, Inc . Under this agreement, OFSG will provide certain aircraft management services to FSG PrivatAir relating to a B737-300 aircraft. FSG PrivatAir is an aircraft charter broker and manager of business aviation aircraft. Currently, FSG PrivatAir manages aircraft on behalf of aircraft owners. With the consent of the owners, the aircraft also are made available to third parties for charter operations conducted by OFSG pursuant to its Part 135 operating certificate. The revenue generated from these third party charters helps the aircraft owners defray the fixed costs associated with the ownership of their respective aircraft. FSG PrivatAir derives revenue in the form of a commission on the charter sale while OFSG is paid for the services it provides as a Part 135 operator.

In order to broaden the range of services it can make available to its charter customers, FSG PRIVATAIR plans to lease a B737-300 aircraft. However, because FSG PrivatAir does not hold an air carrier operating certificate, the aircraft will be subleased to OFSG for the Part 121 operations proposed in the OFSG's pending application. Under this arrangement, FSG PrivatAir will market the aircraft as agent for OFSG and OFSG will fly the aircraft for FSG PrivatAir's charter customers. In addition, FSG PrivatAir will compensate OFSG for providing all the aircraft management services necessary to make the aircraft available for Part 121 charter operations.

OFSG's contract with FSG PrivatAir is an extension of the business model for. its current Part 135 operations. OFSG does not currently own any of the aircraft which it operates under Part 135. Instead, these aircraft are owned by businesses and by high net-worth individuals. The aircraft are made available to OFSG on a dry-lease basis for the third-party charter operations which OFSG conducts as a Part 135 on-demand charter operator. The aircraft owners benefit from the revenue they receive under the dry lease to OFSG. OFSG will adopt the same arrangement for the proposed operation of the B737-300 aircraft under Part 121. The aircraft will be dry-leased from FSG PrivatAir. OFSG will operate the aircraft in connection with third-party charters. These charters may be arranged by FSG PrivatAir or by other aircraft charter brokers such as FlightTime, Inc.

By:  Zuckert Scoutt, Malcolm Benge, 202.298.8660

OST-01-9311 September 28, 2001 Motion for Confidential Treatment
Exhibit OFSG-S506 Blank Verification Letter
Certificate of Public Convenience and Necessity
    Service List  

The Bank Verification Letter states the amount of funds that OFSG currently has on account at Webster National Bank. This information is sensitive financial data protected from public disclosure under the Freedom of Information Act exemption for privileged or confidential financial information.

By:  Zuckert Scoutt, Malcolm Benge, 202.298.8660

OST-01-9311 September 28, 2001 Motion for Confidential Treatment Exhibit OFSG-S507 B737 Aircraft Management Agreement Certificate of Public Convenience and Necessity 
    Service List  

The B-737 Aircraft Management Agreement describes the aircraft management services that OFSG will provide to FSG PrivatAir. The terms of this agreement include sensitive commercial data such as the compensation to be provided in return for the provision of these services. This information is protected from public disclosure under the Freedom of Information Act exemption for privileged or confidential financial information.

By:  Zuckert Scoutt, Malcolm Benge, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 December 81, 2001 Request for Additional and Clarifying Information Certificate of Public Convenience and Necessity

My review of the interstate charter passenger application filed by Ogden Flight Services Group (OFSG) continues. While I am nearing completion of this review, a number of questions requiring clarification have arisen. Further, the information you submitted on September 28, 2001, regarding OFSG's funding plans does not, on its face, appear to meet our financial fitness requirement. Therefore, I ask that you respond to the attached information request within 21 days of the date of this letter. 

With respect to OFSG's Preapplication Statement of Intent, I note that OFSG has indicated on this statement that the geographic area of its intended operations is "Worldwide." Further, in Exhibit OFSG-S500 contained in Supplement 1, the applicant indicates that the geographical utilization of its B737 would be USA 60%, Europe 30%, and Far East 10%. Therefore, I wish to again remind you that, under our rules, OFSG must file a separate certificate application for foreign charter authority if it wishes to be able to conduct operations outside of the United States using large aircraft. Absent such an application (and a positive determination of OFSG's fitness to conduct such operations), OFSG will be unable to utilize its B737 in the manner set forth in its application.

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 December 21, 2001 Supplement No. 3 to Application Interstate Certificate of Public Convenience and Necessity
    Exhibit OFSG-S600:  Resume  
    Services List  

The B737-300 aircraft to be leased by OFSG will be operated in this fashion. OFSG will fly the aircraft for Part 121 commercial charters. Rent will be paid to the aircraft owner, FSG PrivatAir. In addition, OFSG will provide all the aircraft management services necessary to achieve and maintain Part 121-certified status for the aircraft, which FSG PrivatAir is unable to do on its own.

In order to facilitate this arrangement, OFSG has entered into a B737 Aircraft Management Agreement with FSG PrivatAir pursuant to which OFSG will provide certain aircraft management services relating to the 13737-300. A copy of this agreement has previously been submitted to the Department as Exhibit OFSG-S507. Under the terms of this agreement, FSG PrivatAir has paid a $3 million deposit to OFSG to cover the costs of qualifying the aircraft for operations under Part 121 and providing other aircraft management services over the course of a ten-year period.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 February 6, 2002
Docketed February 12, 2002
Request for Additional and  Clarifying Information Certificate of Public Convenience and Necessity

What I need to know is whether all of the other shareholders in Aviation Holding are U.S. citizens and how the citizenship of each investor has been determined. If any investor is not a U.S. citizen, I need to know the country of that investor's citizenship and the percentage of Aviation Holding stock that investor currently holds.

(2) Since OFSG is an operating air carrier and its key employees are actively employed in aviation positions, I need an update to the compliance information submitted with the initial application. Specifically, please address the following items for OFSG, its owners, and its key personnel for the post-application period:

(a) Provide a description of the current status of all pending investigations, enforcement actions, and formal complaints filed with or instituted by the Department, including the FAA, involving the applicant, relevant corporations, their key personnel, or persons having a substantial interest in any of these companies, involving the Statute, and the rules and regulations of the Department, including the FAA.

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 February 26, 2002 Supplement No. 4 to Application Interstate Certificate of Public Convenience and Necessity
    Exhibit OFSG-S701:  Resume, DOT Questionnaire  
    Services List  

Ogden Flight Services Group, Inc. hereby submits the fitness data requested in the Department's February 12, 2002 docket submission seeking an update of certain information previously submitted as part of OFSG's pending application for a certificate of public convenience and necessity to engage in interstate charter air transportation.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202.298.8660

OST-01-9311 February 26, 2002 Motion for Confidential Treatment Interstate Certificate of Public Convenience and Necessity
    Services List  

Because it contains detailed information regarding the holdings of each investor in AHI, Exhibit OFSG-S700 is being submitted separately to the Department with a request for confidential treatment pursuant to Rule 39 of the DOT's Rules of Practice.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202.298.8660


Ogden Flight Services Group, Inc.

OST-01-9311 June 18, 2002 Request for Additional Information Interstate Certificate of Public Convenience and Necessity

By:  Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311
OST-01-11235
September 5, 2002
Docketed September 17, 2002
Request for Additional Information Foreign Charter Air Transportation

On June 18, 2002, I sent you an e-mail requesting that Ogden Flight Services Group, Inc. provide updated fitness information at the same time as it filed information on certain board-related changes that had occurred. In early August, you notified Department staff that there had been further changes to OFSG's board of directors. Based on the information you submitted, it now appears that OFSG may be under the control of its non-U.S. citizen owner.

While we realize that OFSG desires to correct the current situation and to allow OFSG to continue to pursue its outstanding certificate applications, we must ask that OFSG quickly resolve these issues.  As you know, it is not the Department's policy to keep incomplete applications open indefinitely. It has been over 1-1/2 years since OFSG filed its initial application for certificate authority, and over 2-1/2 months since our last information request. Therefore, unless OFSG provides information regarding its ownership and board changes which clearly establishes that it is under U.S. ownership and control, as well as the information requested in the referenced June 18 e-mail within 15 days of the date of this letter, we intend to dismiss OFSG's applications without further notice. Further, because the information we now have indicates that OFSG does not meet the citizenship requirements of section 41102, if OFSG does not, at a minimum, timely file information on its ownership and board of directors which establishes that the company now meets our citizenship requirement, we will have no choice but to begin steps to revoke the company's current air taxi authority due to lack of U.S. citizenship.

By: Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 October 6, 2002
Docketed October 8, 2002
Supplement No. 5 to Application Certificate of Public Convenience and Necessity
    Exhibits  

OFSG's business plan has not changed materially since the date of its last filing with the Department. Building on its substantial experience as a Part 135 operator, FSG is seeking authority to conduct executive charter and "corporate shuttle" services using aircraft with greater range and higher seating capacity than the fleet currently at its disposal. These plans require that OFSG obtain Part 121 operating authority and certificates of public convenience and necessity to conduct domestic and worldwide charter services. Initially, OFSG plans to commence Part 121 operations with the B737-300 aircraft leased from FSG PrivatAir.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202-298-8660

OST-01-9311 October 6, 2002
Docketed October 8, 2002
Motion for Rule 39 Confidential Treatment Certificate of Public Convenience and Necessity
    Service List  

Counsel:  Zuckert Scoutt, Malcolm Benge, 202-298-8660


Ogden Flight Services Group, Inc.

OST-01-9311
OST-01-11235
September 5, 2002
Docketed October 21, 2002
Re:  Request for Additional Information Section 41102 Certificate Authority

On June 18, 2002, I sent you an e-mail requesting that Ogden Flight Services Group, Inc. (OFSG) provide updated fitness information at the same time as it filed information on certain board-related changes that had occurred. In early August, you notified Department staff that there had been further changes to OFSG's board of directors. Based on the information you submitted, it now appears that OFSG may be under the control of its non-U.S. citizen owner.

While we realize that OFSG desires to correct the current situation and to allow OFSG to continue to pursue its outstanding certificate applications, we must ask that OFSG quickly resolve these issues.

By:  Air Carrier Fitness, Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311
OST-01-11235
November 19, 2002 Request for Additional Information Section 41102 Certificate Authority

We are currently reviewing this information. However, we will need some additional and/or clarifying information before we can reach a tentative decision as to OFSG's citizenship and fitness. Therefore, we ask that you respond fully to each of the items below within 14 days of the date of this letter.

Based on the information provided thus far, it appears that Mr. Antoniadis is the beneficial owner of 75 percent of OFSG stock (through his ownership in Rigi Holdings which in turn holds a 75 percent interest in OHI, the parent of OFSG). If this is accurate, why does Mr. Antoniadis state in response to item 3 of his DOT Compliance Questionnaire (OFSG-S801) that he holds no stock in "FSG"? [Note: The applicant has routinely referred to itself as Flight Services Group (that is, FSG), rather than by its corporate name Ogden Flight Services Group (that is, OFSG).]

By: Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 December 6, 2002 Supplement No. 6 to Application  Certificate of Public Convenience and Necessity

Hereby submits the fitness data requested in the Department's November 19, 2002 docket submission seeking certain additional information in connection regarding OFSG's pending application for a certificate of public convenience and necessity to engage in interstate charter air transportation.

Counsel: Zuckert Scoutt, Malcolm Benge, 202 298-8660


Ogden Flight Services Group, Inc.

OST-01-9311
OST-01-11235
January 3, 2003
Docketed January 9, 2003
Re:  Ruling on Confidential Treatment and Request for Information Certificate of Public Convenience and Necessity

The purpose of this letter is twofold: the first is to notify you of our intended ruling on your requests for confidential treatment of various documents filed in support of OFSG's applications; the second is to request additional clarifying information with respect to these applications.  

We disagree, however, with your argument that release of OFSG's bank verification statement would put it at a competitive disadvantage. It is the Department's practice to release all such third-party verification, absent such sensitive details as account numbers. The bank documents for which confidential treatment is sought do not contain account numbers. Further, we note that information has been placed on the public record regarding the amount of OFSG's current assets (separately identifying its cash balance) and the amount of OFSG's available funding from a deposit paid by FSG PrivatAir pursuant to its B737 Aircraft Management Agreement. In addition, you have not indicated why OFSG should be treated differently than any other applicant for certificate authority. Therefore, we intend to deny confidential treatment to Exhibits OFSG-S506 and OFSG-S804.

By: Patricia Thomas


Ogden Flight Services Group, Inc.

OST-01-9311 January 17, 2003 Supplement No. 7 to Application  Certificate of Public Convenience and Necessity
    Exhibit OFSG-S807: G.A. Antoniadis  
    Exhibit OFSG-S808: Amendment No. 1 to Amended and Restated Shareholders Agreement  
    Exhibit OFSG-S809: Balance Sheet  
    Exhibit OFSG-S506: Letter of Webster Bank - 9/28/01  
    Exhibit OFSG-S804: Letter of Webster Bank - 10/8/02  

Hereby submits the fitness data requested in the Department's January 3, 2003 docket submission seeking certain additional information in connection with OFSG's pending application for a certificate of public convenience and necessity to engage in interstate charter air transportation.  OFSG also has a pending application for foreign charter air transportation (Docket OST-01­11235). OFSG requests that the Department allow the information submitted herein to be incorporated by reference in its pending application for foreign charter authority.

Counsel: Zuckert Scoutt, Malcolm Benge, 202 298-8660


Ogden Flight Services Group, Inc.

OST-01-9311 January 21, 2003
Docketed January 23, 2003
Information Request Certificate of Public Convenience and Necessity

I am sorry, but I should have included this in my last request. Please provide evidence that Mr. Antoniadis is a U.S. citizen. This evidence should consist of a copy of his birth certificate or naturalization papers and his passport.

By: Janet Davis


Ogden Flight Services Group, Inc.

OST-01-9311 January 29, 2003 Supplement No. 8 to Application  Certificate of Public Convenience and Necessity

By its submission in this Docket on January 22, 2003, the Department requested certain documentation pertaining to the citizenship of George Antoniadis. President of Ogden Flight Services Group. Inc. Included with this Supplement No. 8 as Exhibit OFSG-S810 are copies of (i) the naturalization papers conferring U.S. citizenship on Mr. Antoniadis and (2) the passport issued to Mr. Antoniadis by the U. S. Department of State.

Counsel: Zuckert Scoutt, Malcolm Benge, 202 298-8660


OST-01-9311 - Certificate of Public Convenience and Necessity

July 9, 2003

Supplement No. 9 to Application

Although OFSG's charter customers largely remain the same as before, for reasons of administrative convenience they are billed through FSG PrivatAir under a collection agency arrangement. The principal reason for this billing arrangement is that FSG PrivatAir is the manager of the aircraft that OFSG uses to conduct its Part 135 operations, and most of the revenue from its charter operations is funneled back to the aircraft owners. Thus, for a typical third-party charter flight involving revenue of $10,000, FSG PrivatAir as agent will collect $10,000 from the charter customer, distribute $8500 to the aircraft owner, pay $150 to OFSG (10% of $1500) for operating the aircraft and retain the balance as compensation for its services. These are the percentages reflected in the Aircraft Sublease and Operation Agreement between OFSG and FSG PrivatAir previously submitted to the Department as Exhibit OFSG-S302.

Exhibit OFSG-S911: Income Sheet

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


July 9, 2003

Motion for Confidential Treatment

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


August 1, 2003

OST-01-9311 - Certificate of Public Convenience and Necessity
OST-01-11235 - Foreign Certificate of Public Convenience and Necessity

Re: Request for Additional Information

In our June 9 letter, we requested information on how many dollars OFSG had paid to FSG PrivatAir during the past two calendar years. In response, OFSG, on page 5, stated that "the Department may assume that, other than these personnel-related expenses, and insurance and audit expenses, the profit and loss statements submitted as OFSG-S9 11 show expense items that were paid to FSG PrivatAir." Unfortunately, I am not clear on what numbers shown in the referenced exhibit are personnel-related. Therefore, please revise OFSG-S911 to separately breakout and identify all personnelrelated expenses contained in this exhibit, which were : paid to FSG PrivatAir.

By: Janet Davis


OST-01-9311 - Certificate of Public Convenience and Necessity

September 12, 2003

Motion for Rule 12 Confidential Treatment

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


September 12, 2003

Supplement No. 10 to Application

By letter dated August 1. 2003, the Department has requested certain additional information in connection with the pending application of Ogden Flight Services Group, Inc. for a certificate of public convenience arid necessity to engage in interstate charter air transportation.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


OST-01-9311 - Certificate of Public Convenience and Necessity

November 10, 2003

Re: Additional Information

This letter responds to certain questions that the Air Carrier Fitness Division has raised regarding entities that are owned or controlled by Mr. George Antoniadis. Mr. Antoniadis participates in the ownership of Ogden Flight Services Group, Inc. through his interest in Rigi Holdings, LLC.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904, mlbenge@zsrlaw.com


OST-01-9311 - Interstate Certificate
OST-01-11235 - Foreign Certificate

January 22, 2004

Re: Request for Additional Information

According to an October 13, 2003, article in The Palm Beach Post, PrivatAir, the Swiss-based 25 percent owner of OFSG, is providing charter operations within the United States. [The noted article specifically discusses a flight between West Palm Beach and Tallahassee.] Given that PrivatAir is a foreign air carrier, such operations would be against our regulations. Therefore, please explain how these operations are being conducted by PrivatAir, including how customers for these services are solicited.

In Supplement 6 to its applications, OFSG stated that the funds used by Rigi Holdings, LLC, to purchase its ownership interest in OFSG's parent (Operator Holding, Inc.) was obtained, in the form of a loan, from Atlantic Bank of New York. Further, OFSG stated that this loan bears a variable interest rate (beginning at 5.25 percent) and is payable on demand. We have learned that Atlantic Bank of New York is a wholly owned subsidiary of the National Bank of Greece. Because of this, and our citizenship requirements, we will require that a copy of the loan documents be supplied for our review. Also, please indicate whether members of the Latsis family, the Latsis Group, or any company owned by either of these parties, hold an ownership interest in the National Bank of Greece, and, if so, the percentage of ownership interest held.

By: Air Carrier Fitness, Janet Davis


OST-01-9311 - Certificate of Public Convenience and Necessity

February 13, 2004

Motion for Rule 12 Confidential Treatment

The documents for which Rule 12 treatment is requested are as follows: (i) Exhibit OFSG‑1104 regarding certain property in Greece co‑owned by George Antoniadis and (ii) Exhibit OFSG--1105, which is a promissory note issued by Rigi Holdings LLC in favor of Atlantic Bank of New York.

OFSG also has a pending application for foreign charter air transportation (Docket OST-01-11235).

Supplement No. 11

By letter dated January 22, 2004, the Department has requested certain additional information in connection with the pending application of Ogden Flight Services Group, Inc. for a certificate of public convenience and necessity to engage in interstate charter air transportation.

Attached hereto as Exhibit OFSG-11O1 is a copy of Amendment No. 2 to the Shareholder's Agreement effecting the change in the buy-out price for OHI stock held by PTI. Amendment No. 2 has been duly executed by the parties and is dated as of August 1, 2003.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


OST-01-9311 - Certificate of Public Convenience and Necessity

April 7, 2004

Supplement No. 12 to Application

By e-mail dated March 16, 2004, the Department has requested certain additional information in connection with the pending application of Ogden Flight Services Group, Inc. for a certificate of public convenience and necessity to engage in interstate charter air transportation.

The Department's e-mail requested clarification of the relationships (i) between OFSG and various entities within the PrivatAir corporate family and (ii) among the various entities within the PrivatAir corporate family. Although the information pertaining to item (ii) of the Department's request would seem to lie outside the scope of this proceeding, OFSG will provide whatever information it possesses regarding the PrivatAir group of companies.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


OST-01-9311 - Interstate Certificate
OST-01-11235 - Foreign Certificate

July 29, 2004

Re: Request for Additional Information

As you know, the Department requested a meeting with OFSG after having reexamined the various filings made by the company in support if its applications. As we advised you at that meeting, based on the record before us, we are unable to determine whether OFSG meets the Department's citizenship requirements. During our discussion, you indicated that some of our understandings as to the relationship between OFSG and FSG PrivatAir/PrivatAir were incorrect, particularly as they relate to OFSG's reliance on FSG PrivatAir for aircraft, marketing, maintenance, operations, and administrative support.

In an attempt to resolve this matter, we have attached a request for additional information. We ask that you respond fully to this request within 30 days of the date of this letter, and provide any other information in support of your position that OFSG is under the actual control of U.S. citizens.

By: Air Carrier Fitness, Patricia Thomas


OST-01-9311 - Interstate Certificate
OST-01-11235 - Foreign Certificate


September 7, 2004

Application to Amend Its Pending Applications and Register Name Change

Requests that the Department register its new name "Flight Services Group, Inc." and amend its current applications pending before the Department to reflect OFSG's new name.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


September 7, 2004

Supplement No. 13 to Application

By letter dated July 27, 2004, the Department has requested certain additional information in connection with the pending application of Ogden Flight Services Group, Inc. for a certificate of public convenience and necessity to engage in interstate charter air transportation filed in this docket on March 31, 2001.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


September 7, 2004

Motion for Rule 12 Confidential Treatment

Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com


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