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Servant Air, Inc.

http://www.servantair.com/

 

 

OST-97-3022 10/16/97 Application for a Certificate of Public Convenience and Necessity Intra-Alaska Property and Mail
    Exhibit Index  
OST-97-3022 2/19/98 Re:  Application  
    Balance Sheet as of 2/5/98 | Balance at Northern Schools Federal Credit Union | Preapplication Statement of Intent  
Order 98-5-21 
OST-97-3022
Issued May 13, 1998 | Served May 19, 1998 Order to Show Cause - Proposing Issuance of Certificate Authority  
    Specimen Certificate | Service List  
Order 98-6-9 
OST-97-3022
Issued June 9, 1998 | Served June 15, 1998 Final Order  
    Attachment: Certificate of Public Convenience and Necessity | Service List  
Order 00-7-33
OST-97-3022
Issued July 28, 2000
Served July 31, 2000
Order Issuing Effective Certificate and Confirming Oral Action Certificate - Interstate Air Transportation
    Attachments:  Certificates of Public Convenience and Necessity  
    Service List  
OST-97-3022 April 10, 2002
Docketed April 12, 2002
Re:  Required Documentation Certificate - Interstate Air Transportation
    Attachments:  Financials  
    Attachments:  Scheduled Operations, Resumes  
OST-97-3022 June 4, 2002
Docketed June 6, 2002
Additional Information of Servant Air Clarifying a Point Regarding its Proposed Passenger Service Certificate for Interstate Air Transportation
OST-97-3022 June 5, 2002
Docketed June 7, 2002
Additional Information of Servant Air Submitting OST Form 6410 to Show Insurance Coverage of Passengers Certificate for Interstate Air Transportation
Order 02-7-08
OST-97-3022
Issued July 3, 2002
Served July 3, 3003
Order Confirming Oral Action and Reissuing Effective Certificate Authority Certificate for Interstate Air Transportation
    Attachment:  Certificate  
    Service List  
       


OST-96-1960 - Family Assistance Plan

July 27, 2004

Re: Family Assistance Plan | Word

By: Servant Air


 

Served November 10, 2015

Notice of Registration of Trade Name

On October 13, 2015, Servant Air, Inc., a certificated air carrier, requested that the Department register the trade name “Beacon” for use in certain of its air transportation operations.

Part 215 of the Department’s regulations provides that any air carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such trade name after the air carrier gives notification to similarly named air carriers of the proposed use of the trade name. In this case, we have identified no similarly named air carriers.

Under these circumstances, we hereby register the trade name “Beacon” by Servant for use in its operations.

By: Todd Homan


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

December 14, 2015

Application for a Disclaimer of Jurisdiction and Reissuance of Authority

Servant Air, Inc. hereby requests that the Department disclaim jurisdiction over the re-domiciling of the company from Alaska to Virginia and the change of the company’s name to “Dynamic Aviation, Inc.” In addition, the applicant requests that the Department reissue the company’s certificate of public convenience and necessity in the name of “Dynamic Aviation, Inc.”

The disclaimer of jurisdiction and reissuance of operating authority is consistent with, and fully supported by, well-established DOT precedent in which the Department has concluded that similar corporate reorganizations were not “transfers” within the meaning of the Statute. In sum, the Department has repeatedly granted disclaimers of jurisdiction for such reorganizations involving no changes in management, ownership, control, operations, financial condition or citizenship of the air carrier. See, e.g., DOT Order 2010-11-11 (Compass Airlines); DOT Order 2009-8-20 (Omni Air International); DOT Order 2009-5-8 (Trans States Airlines).

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999




Order 2016-2-14
OST-2015-0263
- Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served February 17, 2016

Order Disclaiming Jurisdiction and Reissuing Certificates

On December 14, 2015, Servant Air filed an application in accordance with 49 USC § 41105 and 14 CFR Part 215, requesting that the Department disclaim jurisdiction over the company’s proposed conversion to a Virginia corporation and that the Department reissue its certificate authority in its new corporate name, “Dynamic Aviation, Inc.”

By this order, we (1) disclaim jurisdiction over the proposed reorganization of Servant Air, Inc. and (2) reissue the air carrier’s certificate authority in the new name of the company.

By: Todd Homan


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

November 30, 2017

Application for Reissuance of Certificate of Public Convenience and Necessity

Servant Air, Inc., a person holding a certificate of public convenience and necessity to transport passengers, freight and mail in interstate air transportation in the name Dynamic Aviation, Inc., respectfully requests that its certificate be reissued in the name of Servant Air, Inc., a Commonwealth of Virginia corporation.

The corporate name having been legally changed to Servant Air, Inc., the certificate holder respectfully requests that is certificate of public convenience and necessity be reissued in the name “Servant Air, Inc.” pursuant to the provision of 14 CFR 215. The change of corporate name does not constitute a substantial change as defined in 14 CFR §§ 204.3 and 204.6 and does not require the notification to the Department under 14 CFR § 204.5.

The change of ownership, which will occur upon transfer of all shares in Servant Air, Inc. to Wes Osowski, is a substantial change, and will be reported to the Air Carrier Fitness Division. The corporate name change and application for reissuance of the certificate of public convenience and necessity are necessary precedents to the transfer of ownership.

Counsel: MTC, Hank Myers, 425-830-4265


 

December 8, 2017

Application for Reissuance of Certiifcate of Public Convenience and Necessity

Dynamic Aviation, Inc., a person holding a certificate of public convenience and necessity to transport passengers, freight and mail in interstate air transportation respectfully requests that its certificate be reissued in the name of Servant Air, Inc.

In 2015, Servant Air, Inc., which held a certificate of public convenience and necessity, was sold by is owner, Wes Osowski, to Dynamic Group of Bridgewater, VA. Group intended to use Servant to operate a series public charters. That operation was terminated in 2017, and Group had no other use for the carrier, which had been renamed “Dynamic Aviation, Inc.”.

Wes Osowski initiated negotiations to repurchase the air carrier so he could resume its previous operations in Kodiak, AK and elsewhere as authorized. In the resulting sales agreement, Group required that the word “Dynamic” be eliminated from all certificates and subsequent operations. Accordingly, the corporate name was changed to Servant Air, Inc. with the Commonwealth of Virginia. Appendix A is the acknowledgment of the name change by the Commonwealth of Virginia State Corporation Commission. Appendix B is the Certificate of Good Standing issued by the State Corporation Commission dated November 28, 2017.

Counsel: Hank Myers, 425-830-4265


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

December 13, 2017

Application to Reactivate Service and Request for Waiver of 45-Day Notice Requirement

Servant Air, Inc. hereby applies to reactivate certificate of public convenience and necessary to transport passengers, freight and mail in interstate air commerce, pursuant to 14 CFR 204.7. Servant also requests waiver of the 45-day notice to resume certificated air service so that it may resume service as quickly as possible. All necessary facilities, personnel, flight equipment and supplies are available now.

After purchasing Servant, Dynamic reincorporated in Virginia under the name Dynamic Aviation, and its certificates were reissued in the name of Dynamic Aviation. Dynamic ceased both its scheduled service in Alaska was well as its public charter business in the northeast in April, 2017, at which time its continuing fitness lapsed and its certificate became dormant.

Servant proposes to operate scheduled service between its operating base at Kodiak and the outlying village of Ouzinkie. Servant previously offered this service in interstate commerce. Servant Air is well established in Ouzinkie, and offered essential air service using the same aircraft, pilots and support staff to be employed by Servant upon its reactivation.

By: MTC, Hank Myers, 425-830-4265


 

OST-2002-12555 - Designation of Agent

December 18, 2017

Designation of Agent

Counsel: Hank Myers





OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

January 22, 2018

Response to Air Carrier Ownership Change Information Request

The sole owner of Servant Air, Inc. is Eoghan Joyce. He is a citizen of the United States, and has previously been found fit as part of a fitness update of Servant Air. His principal business is commercial pilot and airline administrator. The Bill of Sale to Mr. Joyce is attached as Appendix A. Mr. Joyce’ address is the same as the new address for the corporation. Mr. Joyce also owns Star Air Group, as shown on Appendix C. A third party verification of funds on hand for Star Air Group is attached as Appendix D. Mr. Joyce pledges all his personal assets, including the bank balance of Star Air Group, to support the operations of Servant.

By: Hank Myers


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

March 1, 2018

DOT Request for Additional Information

By: Lauralyn Remo


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

March 29, 2018

Additional Information Response

The three principals of the current were employed by Dynamic in operating positions. After the cessation of operations, Mr. Osowski returned to Anchorage and took a job as an air ambulance pilot. Messrs. Joyce and Cope took other corporate flying jobs. Prior to the sale of Servant to Dynamic, Mr. Osowski told Dynamic that if the venture did not work out, he was willing to repurchase the carrier. Over the next several months following cessation of service, a sales agreement was reached between Dynamic, and former owner Wes Osowski, with whom Dynamic had the most familiar relationship. On October 23, 2017, a sales agreement was executed, and the stock was transferred to Mr. Osowski. While some arrangements were yet to be made among the three principals, the most important issue was to get the stock transferred and the process of reactivating the authority underway. On January 10, 2018, Mr. Osowski sold the stock to Eoghan Joyce, who had been named President of Servant in December, 2017. Other than the one-page sales agreement submitted as Appendix A of the January 22, 2018 filing, there is no other agreement between Messrs. Osowski and Joyce. There are no agreements, written or oral, between the Purchasers and the Air Carrier.

Servant expects minimal if any pre-operating expenses because all necessary equipment, materials and facilities are currently owned by the key personnel. All aircraft to be used are airworthy and require no investment or prepayment. The facility to be used is currently active with all utilities hooked up and in service, and includes an approved mail facility, a waiting room and a fuel storage tank with fuel in it for sale as used. No deposits, advance payments or services are necessary to resume service. All software necessary to operate and keep records as required is already owned. The aircraft are currently covered by passenger liability insurance adequate for the Department’s purposes. Professional fees related to the necessary DOT filings have been paid. Mr. Joyce is handling all FAA matters using his own time. All pilots are current, and no proving runs will be required for the route proposed. Servant anticipates that there may be some small expenses incurred and estimate them to be less than $1000.

All financial reports for the operation of Dynamic Aviation are filed as part of a consolidated tax entity and are neither broken out in the manner requested, nor are they available to Servant. Furthermore, there is no relationship between Dynamic and the current ownership and proposed operation. Those old records have no relevance to the proposed operation or fitness of the new operation.

Counsel: Hank Myers, 425-830-4265




OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

April 16, 2018

Response to Further Inquiries

Counsel: Hank Myers, 425-830-4265


 

Order 2018-5-7
OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served May 3, 2018

Order to Show Cause

By this order, the Department, (1) tentatively finds that Dynamic Aviation, Inc. is a citizen of the United States and is fit, willing, and able to resume interstate scheduled air transportation of persons, property and mail, and, (2) reissues the air carrier’s certificate to reflect its corporate name change to Servant Air, Inc.

We direct all interested parties to show cause why we should not issue an order finding that Dynamic Aviation, Inc. is a US citizens and fit, willing and able to resume its interstate scheduled air transportation of persons, property and mail, using small aircraft.

We register the corporate name “Servant Air, Inc.," for immediate use in its operations.

By: Joel Szabat


 

Order 2018-5-35
OST-2015-0263
- Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served May 25, 2018

Final Order

By Order 2018-5-7, issued May 3, 2018, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it and award a certificate of public convenience and necessity to Servant Air, Inc. f/k/a Dynamic Aviation, Inc. authorizing it to engage in interstate scheduled air transportation of persons, property and mail. Interested persons were given 14 business days to file objections to the order.

No objections to the show-cause order were received

By: Joel Szabat


 

Order 2019-12-10
OST-2015-0263
- Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served December 19, 2019

Order Revoking Certificate Authority

By Order 2018-5-35, issued May 25, 2018, the Department found Servant Air fit, willing, and able to provide interstate scheduled air transportation of persons, property, and mail. The effectiveness of that authority was conditioned upon, among other things, Servant Air obtaining appropriate operating authority from the Federal Aviation Administration and required liability insurance coverage, as well as submitting updated fitness information to the Department. As noted in that order, Servant Air had one year (that is, until May 25, 2019) to provide the information needed to have its certificate authority made effective. If it did not, its authority would be subject to revocation for reason of dormancy under the provisions of section 204.7 of our rules.

It has now been well over one year since Servant Air was issued certificate authority and the applicant has not provided the information necessary for receipt of effective authority. In addition, Servant Air has not requested an extension of time to make its authority effective or provided the Department with any information indicating that the company is taking steps to make its certificate authority effective.

Under these circumstances and in accordance with section 204.7 of our rules, we have decided to revoke Servant Air’s certificate authority. This action is without prejudice to the company’s filing for new certificate authority in the future.

By: Todd Homan


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

December 29, 2019

Re: Petition of Servant Air for Review of Order 2018-5-35

In accordance with 14 CFR 385.30, Servant Air, Inc. hereby petitions for review of Order 2018-5-35.

By: Eoghan Joyce


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

January 13, 2020

Petition for Review of Staff Action and Application for Waiver and Extension of Revocation for Dormancy Based on Continuing Fitness

Servant Air requests that the Order be set aside as: (1) Servant Air provided the Department with information indicating that the company is taking steps to make its certificate authority effective; (2) Based on mitigating circumstances beyond the control of Servant Air, the Air Carrier requested an extension of time to make its authority effective.

Servant Air, Inc. hereby submits this Application for a temporary waiver of the one-year revocation for dormancy provision contained in Section 204.7(a) of the Economic Regulations of the Department of Transportation, so as to enable Servant Air to delay its commencement of scheduled service operations for up to 45 days after June 15, 2020, until August 31, 2020. A waiver will allow a margin for further unexpected delay for reasons beyond the control of Servant Air.

By: Eoghan Joyce, Charles Cope


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

January 22, 2020

Re: DOT Request for Additional Information

We have completed our initial review of the petition of Servant Air, Inc. for review of staff action and application for a waiver from the dormancy provisions of section 204.7 of our rules. We have identified several additional areas where further and/or clarifying information in needed before we can complete our review of Servant Air's applications. I ask that you respond fully to this request within 14 days of the date of this letter.

By: Damon Walker


 

OST-2015-0263 - Revocation of Interstate Certificate

February 5, 2020

Response to Information Request Dated January 22 2020

Servant proposes to operate scheduled service using a Piper PA32 aircraft between its operating base at Kodiak and the outlying village of Ouzinkie. Servant previously offered this service in interstate commerce. Servant Air is well established in Ouzinkie, and offered essential air service using the same aircraft, pilots and support staff to be employed by Servant previously. Appendix H includes a detailed service proposal including data on projected departures, block hours, available seat miles, and available ton miles by aircraft type. A detailed traffic projection is made based on recent T-100 reports is developed along with revenue projection using historical yields and adjusted for the normalized first year of operations. Expenses based on recent levels are escalated to the normalized first year of service. Segment data including revenue passenger miles, revenue ton miles, passenger load factor and total load factor are computed. All data are detailed by calendar quarter.

By: Servant Air, Charles Cope


 

OST-2015-0263 - Revocation of Interstate Certificate

February 10, 2020

Re: Bank Account Verification

By: KeyBank, Joan Pellosis, 907-205-3180


 

Order 2020-6-4
OST-2015-0263
- Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served June 12, 2020

Order Granting Petition for Review

By this Order, the US Department of Transportation is granting a petition for review filed by Servant Air, Inc. f/k/a Dynamic Aviation, Inc. of Order 2019-12-10, which revoked the interstate scheduled passenger certificate authority issued to Servant Air for dormancy pursuant to section 204.7 of the Department’s rules. Upon review of the record, we find that Servant remains fit to conduct interstate scheduled operations as a certificated air carrier, and therefore, the Department will vacate Order 2019-12-10 revoking Servant Air’s certificate authority and grant Servant Air’s request, in part, for a waiver from the dormancy provisions of section 204.7 and an extension of time to make its authority effective and commence operations.

We fully expect our actions here will enable Servant Air to commence its proposed operations by July 30, 2020. Given the length of Servant Air’s dormancy, additional waivers and extensions would not be warranted absent clear evidence Servant Air is taking steps to commence operations.

By: David Short


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

July 30, 2020

Notification of Resumption of Service and Request for Considration Due to Mitigating Factors Related to COVID-19

Servant Air, Inc. hereby notifies the Department of its intention to commence service as previously filed within 30 days of this notice.

Servant Air, Inc. has commenced training staff for the operation of service routes in Kodiak, AK. Due to issues related to Covid-19, including compliance with the requirements for social distancing and testing set forth in State of Alaska Health Mandate 10 and 18, in addition to the differing policies of Anchorage Borough and Kodiak Island Borough, we anticipate a classroom training completion date of August 17th, or sooner.

Servant Air, Inc. is coordinating with the appropriate FAA entities for training and checking scheduling of check airman as appropriate. As you may be aware, the Alaska based FAA is not deploying inspectors in this particular region until there have been two consecutive weeks of decline in the Covid-19 infection rate for the jurisdiction in question. This is a significant issue for the checking of check airman and pilots. Servant is working to resolve this issue as quickly as possible.

By: Eoghan Joyce


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

September 11, 2020

Activation of Certificate of Public Convenience and Necessity

Since the date of the show cause order: Servant Air, Inc. has undergone no changes in ownership. Servant Air, Inc. has undergone no changes of key personnel. Servant Air has undergone no negative changes to its financial posture (See financial statement). Servant Air, Inc. has no outstanding compliance issues.

By: Eoghan Joyce


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

September 15, 2020

Affidavit of Eoghan Joyce

By: Eoghan Joyce


 

OST-2015-0263 - Disclaimer of Jurisdiction and Reissuance of Authority

November 9, 2020

Re: DOT Denying Further Requests for Waiver and Extension of Dormancy Provisions

On September 11 and 15, 2020, Servant Air filed information to make its certificate authority effective. However, despite the guidance we provided, our review of the information identified several deficiencies. Particularly, Servant Air did not update its current operating plans in light of its certificate of insurance for its aircraft showing that the air carrier’s sole aircraft is now configured for only one passenger seat and/or include the air carrier’s proposal to provide twice weekly Essential Air Service to several Alaskan communities. The air carrier also failed to provide a complete copy of its Operations Specifications from the FAA, an update regarding its key personnel’s experience since our last fitness finding, a list of pre-operating expenses paid and remaining to be paid, and an affidavit certifying that its aircraft is airworthy. Alternatively, the information that Servant Air did provide presented several questions, such as why the air carrier has not incurred any expenses normally associated with starting and conducting its operations.

While we are willing to work with applicants during the certification process, it has been over two years since the Department found Servant Air fit and the air carrier has yet to submit the necessary information to make its authority effective and commence operations. In light of the above and under these circumstances, we deny any further requests for a waiver and extension from the dormancy provisions and will issue an order revoking Servant Air’s certificate.

By: Lauralyn Remo


 

Order 2021-5-13
OST-2015-0263
- Disclaimer of Jurisdiction and Reissuance of Authority

Issued and Served May 20, 2021

Order Revoking Certificate Authority

By this order, the US Department of Transportation dismisses the Notice to Resume Operations filed by Servant Air, Inc. f/k/a Dynamic Aviation, Inc. and revokes the air carrier’s interstate certificate, issued by Order 2018-5-35, for reason of dormancy.

Although we have provided Servant Air multiple opportunities to make its authority effective and commence operations as a certificated carrier, Servant has not provided the required evidence for receipt of effective authority, such as an updated operating plan and first-year expense forecast reflecting its proposed operations, evidence of adequate insurance for its aircraft, or an affidavit certifying that it aircraft is airworthy.

By: Todd Homan

 

 

 

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