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Custom Air Transport, Inc.

http://www.customairtransport.net/

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

OST-97-2255
OST-97-2256
7/14/97 Letter from Air Carrier Fitness to Counsel Interstate and Foreign Passenger Charter PDF
OST-97-2255
OST-97-2256
 7/31/97 Supplement No. 1 to Applications    PDF
    Refer to HTML Version or Daily Airline Filings of July 31, 1997 for Exhibits    
OST-97-2255
OST-97-2256
8/14/97 Re: Applications Loan Commitment PDF
Order 97-8-29

OST-97-2255

OST-97-2256

Issued and Served 8/29/97 Order to Show Cause   PDF
OST-97-2256 OST-97-2255 9/10/97 Supplement No. 2 to Applications for Certificates of Public Convenience and Necessity   HTML
    Loan Commitment

Exhibit A: Terms of The Proposed Loan

Letters From Trans American Aeronautical Corporation

   
Order 97-10-1 OST-97-2255 OST-97-2256 Issued October 1, 1997

Served October 2, 1997

Final Order Making Fitness Determination and Issuing Interstate Charter Certificate    
    Certificate for Interstate Charter Air Transportation

Service List

   
Order 97-10-22 OST-97-2256 Issued October 2, 1997

Served October 29, 1997

Order Issuing Certificate    
    Certificate of Public Convenience for Foreign Charter Air Transportation

Service List

   
OST-98-3795 4/28/98 Notice of Intent to Resume Services    
  4/28/98 Application for a Waiver from the 45-Day Advance Filing Requirements   HTML
   
  • Exhibit 1:  Form 41 Balance Sheet and Statement of Operations for 12/97
  • Exhibit 2:  Resume of William Hartman
  • Exhibit 3:  Compliance Information
  • Exhibit 4:  Resume of Darryl Hickey and Compliance Information
  • Exhibit 5:  Certification
   
Order 98-5-24 OST-98-3795 OST-98-3794 Issued May 18, 1998 | Served May 22, 1998 Order Granting Waiver and Confirming Oral Action    
    Service List    
OST-95-236 July 18, 2002 Counterpart to Warsaw Agreement of  Custom Air Transport, d/b/a Charter America Warsaw Agreement
  Served July 29, 2002 Notice of Registration of Trade Name "Charter America"
         

May 16, 2003

OST-03-15206 - US-Costa Rica/Domincan Republic Scheduled Cargo Service

Application for an Exemption

Proposes to operate scheduled all-cargo service between Miami and San Jose, Costa Rica, and between Miami and Santo Domingo, Dominican Republic. The carrier anticipates that the San Jose routing will be operated six times weekly, and the Santo Domingo routing five times weekly, using B-727200F aircraft. The cargo to be carried will be fish and perishable goods northbound, and general freight southbound.

Since CAT does not currently hold economic authority for scheduled foreign air transportation, grant of this exemption would likely be considered a "substantial change in operations" under 14 CFR § 204.5. Accordingly, we are submitting current information on the carrier's fitness to supplement information submitted from time to time (most recently on December 12, 2002) in connection with authority to expand the carrier's fleet.

For the time being, the carrier will utilize the services of general sales agents in Miami, San Jose and Santo Domingo. The additional expense to the carrier will extremely modest (the GSAs will be paid a five percent commission). However, the incremental revenues from the service will be well in excess of the marginal costs, rendering the technical transition to a scheduled service a profitable step. As a further indicator, the charter operations on these routes have been extremely successful, with aircraft operating full northbound most days.

Exhibit 1 - Illustrative Service Proposal
Exhibit 2 - Custom Air - Current Financial Statements
Exhibit 3 - Charter America - Current Financial Statements
Service List

Counsel: Sher Blackwell, Mark Atwood, 202-463-2513

Filed May 16, 2003 | Issued May 23, 2003

OST-03-15206 - US-Costa Rica/Domincan Republic Scheduled Cargo Service

Notice of Action Taken | Word

Notice approving exemption for two years under 49 U.S.C. 40109 to provide the followiong service: Scheduled foreign air transportation of property and mail between (1) a point or points in the United States, and a point or points in Costa Rica, and (2) a point or points in the United States and Santo Domingo and Puerto Plata, Dominican Republic. The above action was effective when taken: May 23, 2003, through May 23, 2005 Petitions are due: June 3, 2003

By: Paul Gretch


 

June 18, 2003

OST-03-15472 - Exemption - US-Panama/Nicaragua Scheduled All-Cargo

Application for an Exemption

The scheduled service CAT proposes will essentially be an expansion of the scheduled service the carrier will shortly inaugurate to Santo Domingo and San Jose, which are the first steps in what the carrier plans to be a significant network within the region. CAT's parent company, Charter America, is investing substantially in creating an infrastructure capable of handling high volumes of perishable and non-perishable cargo.

CAT is now awaiting finalization of scheduled cargo authority from the governments of the Dominican Republic and Costa Rica.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513


Filed June 18, 2003 | Issued July 30, 2003

OST-03-15472 - Exemption - US-Nicaraqua/Panama Scheduled All-Cargo

Notice of Action Taken | Word

Scheduled foreign air transportation of property and mail between (1) a point or points in the United States, and a point or points in Nicaragua, and (2) a point or points in the United States, and a point or points in Panama, and to integrate this authority with its existing certificate and exemption authority.

By: Paul Gretch


OST-96-1960 - Family Assistance Plan

July 21, 2004

Re: Family Assistance Plan

Counsel: Sher Blackwell, Mark Atwood


OST-2003-15206 - Exemption - US-Costa Rica/Domonican Republic Scheduled Cargo Service

March 22, 2005

Application for Renewal of Exemption Authority

CAT has operated scheduled cargo service to Costa Rica and the Dominican Republic pursuant to the authority at issue, though it is not currently operating this service due to market conditions. However, it desires to maintain its authority, both from the U.S. and foreign governments, to enable it to reenter these markets should conditions warrant.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513


OST-2003-15472 - Exemption - US-Panama/Nicaragua Scheduled Cargo

May 26, 2005

Application for Renewal of Exemption Authority

CAT has operated scheduled cargo service to Panama and Nicaragua pursuant to the authority at issue, though it is not currently operating this service due to market conditions. However, it desires to maintain its authority, both from the U.S. and foreign governments, to enable it to reenter these markets should conditions warrant.

CAT has previously applied for, and been granted, exemption authority to serve points in Costa Rica and the Dominican Republic. See Notice of Action Taken dated May 23, 2003 (Docket OST-2003-15206). By application dated March 22, 2005, CAT has applied for a renewal of this authority; that application is currently pending. CAT also holds certificate authority for charter domestic and foreign air transportation of persons, property and mail, issued by Orders 97-10-1 and 97-10-22.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513, matwood@sherblackwell.com


OST-1995-236

December 5, 2005

Re: Designation of Agent

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513


OST-2007-27790 - Blanket Open-Skies Certificate Authority

April 13, 2007

Application of Custom Air Transport

Custom Air Transport, Inc. hereby applies, pursuant to 49 U.S.C. 41102, Subpart B of the Department’s Procedural Regulations, and the Department’s April 3, 2007 notice on Blanket Open-Skies Certificate Authority, for a Certificate of Public Convenience and Necessity authorizing it to conduct scheduled foreign air transportation of cargo between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period.

CAT presumes that the Department intends this term to include nations that are signatories to the Multilateral Agreement on the Liberalization of International Air Transportation.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513


OST-2003-15206 - Exemption - US-Costa Rica/Dominican Republic Scheduled All-Cargo

Filed March 22, 2005 | Issued November 28, 2007

Notice of Action Taken | Word

Renewal of scheduled foreign air transportation of property and mail between (1) a point or points in the United States, and a point or points in Costa Rica, and (2) a point or points in the United States, and Santo Domingo and Puerto Plata, Dominican Republic.

By: Paul Gretch



OST-1997-2255 - Interstate Passenger Charters
OST-1997-2256 - Foreign Passenger Charters

June 18, 2008

Application for Waiver of Revocation for Dormancy Provision

CAT holds certificate authority to conduct interstate and foreign charter transportation of persons, property and mail, though it has never operated passenger air transportation. On August 3 of last year, the carrier suspended revenue operations. Though the carrier intended this suspension to be temporary, the Department's Air Carrier Fitness Division advised the company by letter of October 5, 2007 that its economic authority was considered dormant, and it would be required to submit fitness-related information before resuming service.

Since the time of its suspension, the carrier's owners and managers have entertained a number of offers to purchase the carrier. This process has led to negotiations currently in progress with a group of investors who intend to purchase the company and resume operations. Those negotiations are now in the final stages. Once the transaction is closed, the new owners will proceed to comply with the fitness review requirements of Part 204. It may be necessary for them to provide this information less than 45 days prior to planned resumption of operations.

CAT requests that the Department waive the revocations-for-dormancy provisions, 45-day advance notice requirements and one-year period for resumption of operations, in order to permit conclusion of negotiations for sale of the carrier. Out of an abundance of caution, the carrier requests a six-month extension of the period for resuming operations.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513



OST-1997-2255 - Interstate Passenger Charters
OST-1997-2256 - Foreign Passenger Charters

June 27, 2008

Re: DOT Granting Extension of Deadline

We have reviewed the application you filed on behalf of Custom Air Transport, Inc. for a waiver from the revocation for dormancy provision of section 204.7 of our rules. Specifically, you requested the Department extend the proposed revocation date, by six months, that is until February 3, 2009, in order to permit the conclusion of negotiations for a sale of the air carrier.

Based on our recent communications with the FAA, it does not appear that CAT has made any progress towards resuming its certificated operations, since it initially ceased operations on August 3, 2007. In fact, it appears the situation has worsened. The South Florida Certificate Management Office that oversees the air carrier's FAA Air Carrier Certificate has informed us of numerous compliance actions deemed necessary by the FAA to restore the air carrier's operating authority. Additionally, the air carrier's fleet must be brought into compliance with the Aging Aircraft Requirements and undergo heavy maintenance prior to being in a position to resume operations. Moreover, you provided no information with your extension request on any steps that you have taken to enable CAT to resume operations or that would otherwise enable us to determine that CAT continues to be fit to hold its DOT certificate.

In light of the foregoing, we will defer action on your request for an extension until August 4, 2008, and permit CAT an opportunity to provide lis with additional information that enables us to determine that the air carrier continues to meet our fitness requirements to hold its economic authority, and has taken the necessary steps to reinstate its FAA authority.

By: Lauralyn Remo



Order 2008-8-24
OST-1997-2255 - Interstate Passenger Charters
OST-1997-2256 - Foreign Passenger Charters
OST-1995-267 - Interstate Scheduled Passenger
OST-2003-15206 - Exemption - US-Costa Rica/Dominican Republic Scheduled All-Cargo
OST-2003-15472 - Exemption - US-Panama/Nicaragua Scheduled Cargo

Issued and Served August 25, 2008

Order Dismissing Application for Waiver, Dismissing Application for Renewal of Exemption Authority, Revoking Exemption Authority and Revoking Certificate Authority

By letter dated October 5, 2007, the Department advised CAT that, pursuant to section 204.7, its authority was suspended and that it could not resume air transportation operations until the Department had redetermined its fitness to do so. We further stated that if CAT did not resume operations by August 3, 2008, its authority would be revoked for dormancy.

On June 20, 2008, CAT filed a request for a waiver from section 204.7 to permit it an additional six months to conclude negotiations on the sale of the company.

By letter dated, June 27, 2008, we informed the air carrier that it was not the Department's practice to grant waivers from the dormancy provisions of section 204.7, unless we have clear evidence that there is "good cause" for doing so. Moreover, we stated that in showing good cause, the air carrier would have to provide adequate evidence that it still meets the Department's fitness criteria and that it has completed nearly all the steps to commence operations (i.e., has the necessary personnel, financial resources, and aircraft, and that it is taking the necessary steps to return its Federal Aviation Administration issued Operation Specifications to a level which would allow it to commence operations). Finally, we informed the air carrier that we would permit it until August 4, 2008, to provide additional information that would enable us to determine that it continues to meet our fitness requirements to hold its economic authority, and that it has taken the necessary steps to reinstate its FAA authority. However, this date has now passed and we have not received any additional information from the air carrier. Additionally, on July 29, 2008, we received notification from the FAA that CAT surrendered its FAA-issued Operation Specification and Air Carrier Certificate on July 24, 2008.

Under these circumstances and in accordance with section 204.7 of our rules, we have decided to dismiss CAT's application for a waiver from section 204.7, revoke the air carrier's interstate certificate and foreign exemption authorities, and dismiss as moot the air carrier's application for renewal of exemption authority. This action is without prejudice to the company's filing for new certificate or exemption authority in the future.

By: Todd Homan


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