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OST-98-3404

Asia Pacific Airlines, Inc. (Certificate of Public Convenience, Cargo Interstate/Foreign Charter)

OST-98-3404 | January 29, 1998

Application for Certificates of Public Convenience

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Asia Pacific plans to start operations on April 15, 1998 with a leased B-727-200F aircraft which will be based in Guam. The carrier will primarily serve the transportation needs of various Tan companies. The volume of these cargo operations will cover the airline's operating costs so it will be self sufficient from the time it commences service. Asia Pacific further believes there is a lack of adequate cargo capacity for inter-island cargo service among Guam, Saipan and the Federal States of Micronesia.

Exhibit Index

Motion to Withhold Information from Public Disclosure

Answers are due by February 26, 1998, Subpart Q

Counsel:  Baker Hostetler, Joanne Young, 202-861-1532

Asia Pacific Airlines, Inc. (Certificate of Public Convenience, Cargo)

OST-98-3404 | OST-98-3479 | February 20, 1998

Re:  Information Request

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By:  Keith Barnhart, Air Carrier Fitness

Asia Pacific Airlines, Inc.

OST-98-3404 | OST-98-3479 | April 1, 1998

Motion to Withhold from Public Disclosure Under Rule 39

Re: Applications for Authority to Perform Interstate and Foreign Charter All-Cargo Air Transportation

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This is in response to the Department's letter of February 20, 1998 requesting additional information from Asia Pacific Airlines, Inc. ("Asia Pacific") in connection with its applications in Dockets 98-3404 and 98-3479 for authority to engage in interstate and foreign all-cargocharter air transportation. With this letter, Asia Pacific responds to all the questions posed by the Department. We will forward the remaining information as soon as possible. This will include a new affidavit from Michael Quinn to reflect the fact that after Asia Pacific filed its application on January 29, 1998, Mr. Quinn has entered into an agreement to buy 500,000 Asia Pacific shares from CTSI, and that he has sold 500 shares of America West Airlines stock, and acquired 1,000 shares in Hawaiian Airlines.

• Exhibit A - TAN Holdings Corporation (Pamphlet, will not be scanned)
• Exhibit B - Preapplication Statement of Intent
• Exhibit C - Northwest Capital Aviation Key Personnel
• Exhibit D - Resume of Stephen LeaVell
• Exhibit E - Resume of Mark Eden
• Exhibit F - Resume of Charles Gebhardt
• Exhibit G - Organization Chart
• APA-2 - Certificate of Existence
• APA-5 - Key Management Personnel Affidavits
• APA-7 - Key Management Personnel Affidavits
• Exhibit - Bank of Guam Statement of Present Balance
• APA-19 - Agreement (OST Form 4523)
• APA-20 - Certification

Counsel: Bader Hostetler, Joanne Young, 202.861.1532

Asia Pacific Airlines, Inc. (Certificate of Public Convenience, Intersate/Foreign Charter All-Cargo)

OST-98-3404 | OST-98-3479 | April 6, 1998

Re:  Corrected Copy of Page 8 to Letter Submitted on April 2, 1998

Correction is to the last sentence of the letter, which is revised to reflect that Mr. Quinn has entered into an agreement to purchase 15 percent of Asia Pacific's stock.

Counsel:  Baker Hostetler, David Kirstein, 202-861-1500

Asia Pacific Airlines - (Certificates of Public Convenience and Necessity for Foreign and Interstate Cargo Charter Air Transportation)

OST-98-3404 | OST-98-3479 | June 29, 1998 (Stamped by Docket Section at 5:01 - Outside of Public Copying Hours)

Re: Additional Information

Exhibit: Violations

Motion to Withhold Information from Public Disclosure under Rule 39

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Asia Pacific Airlines

OST-98-3404 | OST-98-3479 | July 8, 1998

Re: Additional Information

As discussed, this is to advise the Department with respect to: (1) additional personnel who have recently been employed by the Airline; and (2) the consolidation of Asia Pacific into Aero Micronesia, Inc. which will conduct business as Asia Pacific Airlines. This consolidation would not constitute a substantial change as defined by 14 CFR §204.2(e) since there is no substantial change in ownership or management of the airline as previously described in the original applications and correspondence of April I, and June 29, 1998. As discussed below, this technical change became necessary to facilitate the use of the B727-200 freighter to be operated by Asia Pacific.

• Exhibit A:  Resume of J. Christen Thornburg
• Exhibit B:  Resume of Alicia Atalig
• Exhibit C:  Resume of Jack Schreiman
• Exhibit D:  Air Micronesia Balance Sheet as of December 31, 1998
• Exhibit E:  Air Micronesia Balance Sheet as of December 31, 1998
• Exhibit F:   Professional Biodata of David M. Sablan
• Exhibit G:  Air Micronesia/Asia Pacific Airlines Pro-Forma Balance Sheet as of 5/31/98

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines - (Certificates for Foreign/Interstate Cargo Charter Air Transportation)

OST-98-3404 | OST-98-3479 | July 16, 1998

Amendment to Application to Certificates of Public Convenience and Necessity

Aero Micronesia, Inc., d/b/a Asia Pacific Airlines ("Aero Micronesia") hereby submits the following information in amendment to Asia Pacific Airlines, Inc.'s January 29, 1998 application for certificate authority including interstate all-cargo charter operations filed in Docket OST-98-3404, and Asia Pacific Airlines, Inc.'s February 12, 1998 application for certificate authority to engage in foreign charter air transportation of property and mail filed in Docket OST-98-3479. Aero Micronesia hereby incorporates by reference all the information contained in its previous filings, including all exhibits thereto, in Dockets OST-98-3404 and OST-98-3479.

• Exhibit A: Balance Sheet as of December 31, 1996
• Exhibit B: Balance Sheet as of December 31, 1997
• Exhibit C: Professional Biodata of David Mangarero Sablan
• Exhibit D: Pro Forma Balance Sheet as of 5/31/98
• Exhibit E: Government of Guam Certificate of Good Standing

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines (Certificates of Public Convenience, Cargo Charter)

OST-98-3404 | OST-98-3479 | August 13, 1998

Answer of Ryan International Airlines

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Asia Pacific claims that its current corporate structure resolves certain problems that prevented it from operating under the terms of a lease with Trans Pacific Leasing ("TPL"). This is incorrect. The aircraft which Asia Pacific says it will operate, a B-727-200 freighter with Registration Number N17789, is currently being operated by Ryan and is listed on Ryan's Part 121 Operations Specifications. The aircraft is owned by TPL, and TPL has advised Ryan that the governing leases and sub-leases restrict operation of N17789 to Ryan and only Ryan. Ryan currently operates N17789 under a Sub-Sublease Agreement with National Fisheries Corporation ("NFC"), and Ryan fully intends to continue operating for NFC.

Counsel:  Crowell Moring, Lorraine Halloway, 202-624-2500

Answer of Trans Pacific Leasing

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Since AMI has no aircraft to fly, and thus no viable operating plan, AMI does not satisfy the Department's fitness standards. On the basis of the foregoing. the Department should deny the amended application of Aero Micronesia. Inc.

Counsel:  Zuckert Scoutt, Charles Simpson, 202-298-8660

Aero Micronesia, Inc., d/b/a Asia Pacific Airlines - (Certificates for Foreign and Interstate Cargo Charter Transportation)

OST-98-3404 | OST-98-3479 | August 14, 1998 | Filed August 18, 1998

Motion for Leave to File an Unauthorized Document and Rep[l]y to the Answers of Trans Pacific Leasing Corp. and Ryan International Airways

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The fact that APA may have difficulty in locating another aircraft clearly does not, as erroneously urged by TPL, demonstrate that APA does not have a viable operating plan. It is Aero Micronesia's position that it has a valid right to repossess and operate this TPL aircraft.

It has been almost seven months since APA filed its original application to operate this aircraft in connection with the new competitive service it intends to provide in the Pacific. Now that this new service is about to become a reality, TPL and Ryan have filed highly misleading answers for the sole purpose of attempting to gain unfair advantages over APA. Ryan's obvious desire not to face competition in the Pacific is not a valid basis to object to the issuance of a certificate. TPL's last-second effort to enlist the Department on its side in a commercial dispute also should be immediately rejected. TPL's answer is a meritless red herring. Indeed, the sooner the Department issues a show cause order tentatively awarding APA a certificate, the sooner TPL will likely be prepared to resolve all outstanding issues in the corurnercial dispute. In the highly unlikely event TPL challenges APA's right to use the aircraft in the appropriate forum and succeeds, APA will locate another aircraft and update its submissions to the Department as may be required.

Counsel: Baker Hostetler, David Kirstein, 202.861.1532

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

OST-98-3404 | OST-98-3479 | August 21, 1998

Motion for Leave to File and Response of Trans Pacific Leasing Corp.

Despite AMI's suggestions, this matter is not about a state law commercial dispute. To the contrary, this matter goes to the heart of AMI's application and its fitness. TPL's Answer listed, in detail, the defects in AMI's past representations to the Department. AMI's Reply does not change or improve the situation. AMI may not operate the aircraft, and AMI has no basis to represent to the Department that it may and will operate the aircraft.

Counsel: Zuckert Scoutt, Charles Simpson, Jr., 202.298.8660

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

Order 98-9-20 OST-98-3404 OST-98-3479	Issued and Served September 18, 1998	Order to Show Cause Proposing Issuance of Certificate Authority
		Attachment: Certificate Attachment A: Service List

By this order, we tentatively find that Aero Micronesia, Inc. d/b/a Asia Pacific Airlines is a citizen of the United States and is tit, willing, and able to provide interstate and foreign charter air transportation of property and mail and should be issued certificates of public convenience and necessity for such operations.

By: Charles Hunnicutt

Aero Micronesia, Inc.

Order 98-10-6 OST-98-3404 OST-98-3479	Issued October 5, 1998	Final Order Making Fitness Determination and Issuing Interstate Charter Certificate	Interstate and foreign charter air transportation of property, and mail.
		Certificate of Public Convenience and Necessity
		Attachment - Terms, Conditions, and Limitations
		Service List

1. We find that Aero Micronesia, Inc. d/b/a Asia Pacific Airlines is fit, willing, and able to engage in interstate and foreign charter air transportation of property, and mail.

2. We issue a certificate of public convenience and necessity to Aero Micronesia, Inc. d/b//a Asia Pacific Airlines authorizing it to engage in interstate charter air transportation, for a period of one year, in the form and subject to the Terms, Conditions, and Limitations attached.

By:  Charles Hunnicutt

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

Order 98-11-11 OST-98-3404 OST-98-3479	Issued November 12, 1998 Served November 16, 1998	Order Issuing Foreign Charter Certificate	Interstate Charter Air Transportation
		Certificate of Public Convenience and Necessity
		Terms Conditions and Limitations
		Service List

By this order, we are issuing a companion certificate authorizing Asia Pacific to engage in foreign charter air transportation. Instead of repeating our findings and conclusions in Order 98-106 we incorporate them here by reference.

By:  Charles Hunnicutt

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

Order 99-3-30 OST-98-3404 OST-98-3479	Issued March 30, 1999 Served April 6, 1999	Order Confirming Oral Action and Issuing Effective Certificates	Certificates of Public Convenience and Necessity - Interstate and Foreign Charter of Property and Mail
		Attachment: Interstate Certificate of Public Convenience
		Attachment:   Terms, etc
		Attachment: Foreign Certificate of Public Convenience
		Attachment:   Terms, etc.
		Service List

Asia Pacific requested a waiver of the six-day waiting period so that it could institute air transportation operations on March 29. Since no other issues regarding the carrier have come to our attention, we concluded that no Further action was required and that Asia Pacific's certificates should be allowed to become effective on March 29, 1999. We orally advised Asia Pacific of that action ore March 26, which we confab here. As a matter of administrative convenience, we are also reissuing Asia Pacific's Certificates and attached Terms, Conditions, and Limitations, to reflect the effective date of its authority

By:  John Coleman

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

In its initial application, Asia Pacific explained the critical need for cost efficient cargo and service between Guam and Saipan and the Federated States of Micronesia. Since being authorized by the Department, Asia Pacific has commenced service and upgraded its aircraft. Initially it focused on the needs of the fishing industry primarily carrying fresh chilled tuna between the Federated States of Micronesia ("FSM") and the Republic of Belau, Guam and Saipan for transshipment to Japan. More recently the carrier commenced a weekly charter flight to Hong Kong which transports fabric to Saipan. Asia Pacific has just received a two-year contract with the U.S. Postal Service, which will enable it to implement a significant part of its original operating plan. Later this month, Asia Pacific expects to depart from Saipan with outbound cargo, stop in Majuro and pick up mail for delivery to Honolulu. In Honolulu, the carrier will offload this cargo and pick up 10,000 to 20,000 pounds of mail for delivery to Majuro and the FSM. These operations will provide an important service to these Islands which is strongly in the public interest. Asia Pacific expects that on the return flights from Honolulu it will also ship fresh produce and dairy products, commodities in great demand on these islands. Accordingly, Asia Pacific is already playing an important role in developing and performing critically needed cargo and mail service in the Pacific region. Reissuing the carrier's certificate as a permanent certificate will provide Asia Pacific with the regulatory stability it needs to grow its business and attract additional investment that will further enable the carrier to meet the special needs of this Pacific region.

Counsel:  Baker Hostetler, Joanne Young, 202-861-1532

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

By:  Patricia Thomas

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

Aero Micronesia, Inc., d/b/a Asia Pacific Airlines withdraws its February 14, 2000 motion in the above-referenced dockets to withhold from public disclosure certain financial information filed in support of its pending Application of Asia Pacific Airlines for Renewal of Its Certificate of Public Convenience and Necessity ). This information is attached as Exhibit A.

Asia Pacific also files copies of information requested by, and provided to the Air Carrier Fitness Divisions in connection with its renewal application. These documents include a letter dated August 30, 2000 with an updated Statement of Profit and Loss and Balance Sheet, attached as Exhibit B, and a letter dated May 18, 2000 to Patricia L. Thomas, Chief of the Department's Air Carrier Fitness Division, Office of Aviation Analysis, attached as Exhibit C. Finally, we have attached as Exhibit D the resumes of two key employees Joseph San Agustin, Director of Safety and Theodore Escobar, Chief Inspector, hired since Asia Pacific's initial certification

Counsel:  Baker Hostetler, Joanne Young, 202-861-1532

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

Asia Pacific currently operates one B-727-200 aircraft in cargo service in the Pacific area. The company's primary operation includes transporting fresh fish between the Federated States of Micronesia (FSM) and Palau, Guam, and Saipan. It also operates a weekly charter flight between Hong Kong and Saipan transporting fabric, and has recently received a U.S. Postal Service contract to transport mail between Honolulu and Saipan via Majuro and the FSM.

Although the carrier has no specific plans at this time to undergo any substantial changes in its service, Asia Pacific indicates that, if sufficient traffic develops, it may add a second aircraft to its fleet.

By:  Francisco Sanchez

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