OST-99-6221

OST-99-6221

Ameristar Air Cargo, Inc.

OST-99-6221	September 10, 1999	Application for a Certificate of Public Convenience and Necessity - Foreign	Certificate of Public Convenience - Foreign All-Cargo Charter Air Transportation
		Service List
		Certification
		Index of Exhibits

Ameristar Air Cargo is a new entrant all-cargo air carrier that seeks certificate authority to enable it to engage in interstate and foreign all-cargo charter air transportation using large jet aircraft between points within the United States, and between points in the United States and points in foreign countries (primarily, Canada and Mexico). For its initial operations, Ameristar plans to use up to two Boeing 737-200C all-cargo aircraft to provide planeload charter transportation of property and mail. Ameristar Air Cargo intends to achieve significant economic efficiencies by utilizing certain existing resources of Ameristar Jet Charter, Inc., a well-established and profitable on-demand Part 135 air taxi cargo operator, that is wholly owned by Tom Wachendorfer, Jr., the same individual who holds a 100% interest in Ameristar Air Cargo. Another important component of Ameristar Jet’s existing business involves brokering cargo charters to Part 121 operators when Ameristar Jet's customers require the use of larger aircraft. Instead of brokering these charters to third parties, Ameristar Air Cargo will be in a position to use its large freighter aircraft to accommodate this demand. Ameristar will also make its aircraft available for subservice all-cargo operations as the need arises in the market place.

Counsel: Shaw Pittman, Sheryl Israel, 202-663-8312, sheryl.israel@shawpittman.com

Ameristar Air Cargo, Inc.

OST-99-6221
OST-99-6222

October 8, 1999

Consolidated Answer of Amerijet International

HTML
Scanned Copy

Certificate of Public Convenience - Foreign All-Cargo Charter Air
Transportation

The U.S.-Mexico all-cargo market is one of Amerijet's principal markets. Amerijet was one of the original all-cargo carriers selected by the Department to develop the U.S.-Mexico market, and it expended an extraordinary amount of time and effort overcoming competitive obstacles before it established itself in this market. At the present time, Amerijet serves four Mexican terminals with its scheduled freighter operations. Amerijet does not resist new competition in any of the many markets it serves, and it does not often oppose applications filed by companies seeking to compete in markets it has developed. Amerijet will, however, oppose competition by any carrier providing equivalent service with equivalent equipment in its primary markets while using a name so remarkably similar to its own that the new operator may be intentionally infringing on marks held as valuable assets by Amerijet. Here, the names Ameristar and Ameristar Jet are so similar to the name Amerijet -- which is always shown in promotional material with a star -that Amerijet is well justified in expressing its concern. Accordingly, Amerijet respectfully opposes further consideration of the Ameristar applications.

Counsel: Crispin Brenner, John Richardson, 202.371.2258

Ameristar Air Cargo, Inc.

OST-99-6221 OST-99-6222	October 14, 1999	Motion for Leave to File and Reply of Ameristar Air Cargo Scanned Copy	Certificate of Public Convenience - Interstate/Foreign All-Cargo Charter
		Service List

Filtering through all the baseless and irrelevant white noise in Amerijet’s answer, Amerijet is essentially asking the Department to suspend consideration of Ameristar’s application because Amerijet erroneously believes that Ameristar is "intentionally infringing on marks held as valuable assets by Amerijet." Not only are those allegations untrue, even if there were any merit to such contention (which there is not), the issues of trademark infringement and the protection of Amerijet’s "valuable assets" are matters that the Department has appropriately determined to leave to the parties, or in the end, the courts which are expert in handling such disputes.

Counsel: Shaw Pittman, Sheryl Israel, 202-663-8312, shery.israel@shawpittman.com

Ameristar Air Cargo, Inc.

OST-99-6221 OST-99-6222	October 15, 1999	Additional Information	Interstate All-Cargo Charter Air Transportation
		Exhibit 1: Resume
		Attachment: DOT Fitness Questionnaire
		Exhibit 2: Power Tree

Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312

OST-99-6221 OST-99-6222	October 15, 1999	Motion for Confidential Treatment	Interstate All-Cargo Charter Air Transportation
		Service List

The information at issue consists of highly confidential, commercially sensitive financial information for Ameristar Jet Charters, Inc. and Sierra American Corporation, and includes consolidated balance sheets, statements of income and retained earnings, and cash-flows for the past three years. Each of these entities is a privately held Sub Chapter S corporation that is wholly owned by a single shareholder. Since each of these companies is closely held, this type of detailed financial information is not subject to any public scrutiny or review. Ameristar Jet is a successful cargo air taxi operator and Sierra is an aircraft leasing company, which primarily leases aircraft to Ameristar Jet. Both of these businesses could be adversely impacted if competitors had access to the confidential financial data contained in these exhibits. This is highly confidential financial information that otherwise would not be made public.

Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312

Ameristar Air Cargo, Inc.

Order 00-1-27 OST-99-6221 OST-99-6222	Issued January 28, 2000 Served January 28, 2000	Order to Show Cause Proposing Issuance of Certificate Authority	Interstate All-Cargo Charter Air Transportation
		Attachment: Terms, Conditions, and Limitations
		Service List

By: Bradley Mims

Ameristar Air Cargo, Inc.

Order 2000-2-20 OST-99-6221 OST-99-6222	Issued February 15, 2000 Served February 15, 2000	Final Order Making Fitness Determination and Issuing Interstate Charter Certificate	Certificate of Public Convenience - Interstate All-Cargo
		Attachment: Certificate
		Service List

By: Bradley Mims

Ameristar Air Cargo, Inc.

OST-99-6221 OST-99-6222	July 10, 2000	Re: Additional Information	Interstate All-Cargo Charter Air Transportation
		Exhibit: Resume of James Vertucci
		Attachment: DOT Fitness Questionnaire

Enclosed is a resume for Mr. James Vertucci, along with a signed Fitness Questionnaire. Ameristar Air Cargo Inc. ("Ameristar") proposes to appoint Mr. Vertucci as its new Director of Quality Assurance subject to DOT and FAA approval. Mr. Vertucci, who holds an A&P certificate, has served as Manager for Maintenance Control with Ameristar since December 1999 where he has demonstrated his expertise, knowledge and qualifications to serve as Ameristar's new Director of Quality Assurance.

Ameristar currently anticipates that the FAA CSET Team will conduct its conformity inspection and proving runs during the week of July 17, 2000.

Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312, sheryl.israel@shawpitman.com

Ameristar Air Cargo, Inc.

OST-99-6221 OST-99-6222	September 5, 2000	Re: Additional Information	Interstate All-Cargo Charter Air Transportation
		Attachment: Air Carrier Certificate

Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312, sheryl.israel@shawpitman.com

Ameristar Air Cargo, Inc.

Order 00-9-7 OST-99-6221 OST-99-6222 OST-00-6840	Issued September 11, 2000 Served September 14, 2000	Order Issuing Effective Certificates and Confirming Oral Actions	Interstate/Certificate - Foreign All-Cargo Charter Air Transportation Emergency Exemption - Carry Revenue Cargo on FAA Proving Run Flights
		Attachment: Certificates
		Service List

Order 2000-9-7 confirms oral actions taken with respect to Ameristar Air Cargo, Inc., and (2) reissue to the carrier its certificates of public convenience and necessity authorizing it to engage in interstate and foreign charter air transportation of property and mail to reflect their effective date. Petitions due September 15, 2000.

By: DOT