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OST-02-12547

 


Emery Worldwide Airlines, Inc.

OST-02-12547 June 17, 2002
Docketed June 21, 2002
Request for Waiver from Revocation for Dormancy Fitness Certification
    Attachment A:  Letter form FAA  
    Attachment B:  Second Amendment to Final Settlement Agreement  

This waiver will allow for the orderly disposition of Emery's aircraft. The revocation of the fitness certificate might be viewed by some aircraft lessors as an event of default under certain of Emery's leases. While Emery would disagree with this view if it were to prevail, the result would be a potentially severe financial hardship for the company.

Counsel:  Venable Baetjer, James Burnley, 202.962.4054, jburnley@venable.com


Emery Worldwide Airlines, Inc.

OST-02-12547 June 24, 2002
Docketed July 1, 2002
Re:  Extension of Deadline Granted Fitness Certification

On June 20, 2002, you filed an application in Docket OST-2002-12547 for a waiver of the section 204.7 revocation date. In that application, you stated that, while the carrier did not wish to resume commercial air carrier flight operations, it did wish to retain its certificate until December 4, 2002. You explained that this delay was necessary to allow for the orderly disposition of the carrier's aircraft and that the revocation of Emery's authority on the August 13 deadline might be viewed as an event of default by its aircraft lessors. You further indicated that the FAA had agreed to take no action to suspend or revoke Emery's Part 121 certificate until December 4, and requested that we waive revocation of Emery's fitness certificate to run concurrently with the FAA agreement. In light of these circumstances, we find that granting Emery a waiver of the revocation deadline, as requested, is in the public interest. We will therefore extend the section 204.7 deadline until December 4, 2002.

By:  Patricia Thomas


Emery Worldwide Airlines, Inc.

Order 02-12-14
46443
46858
OST-98-4046
OST-02-12547
Issued December 17, 2002
Served December 20, 2002
Order Revoking Certificate Authority

Microsoft Word File

Revocation of Certificate Authority

On June 21, 2002, Emery filed an application in Docket OST-2002-12547 for a waiver of the section 204.7 one-year revocation date. In that application, the carrier stated that, while it did not wish to resume commercial air carrier flight operations, it did wish to retain its certificates until December 4, 2002. Emery explained that this delay was necessary to allow for the orderly disposition of the carrier's aircraft and that the revocation of the company's authority on the August 13 deadline might be viewed as an "event of default" by its aircraft lessors. Emery further indicated that the FAA had agreed to take no action to suspend or revoke its Part 121 certificate until December 4, and requested that we waive revocation of Emery's fitness certificate to run concurrently with the FAA agreement. After review of these circumstances, we found that granting Emery a waiver of the revocation deadline, as requested, was in the public interest. Therefore, on June 24, we extended the section 204.7 deadline until December 4, 2002.  That date has now passed and Emery has not requested any further extension.

By:  Randall Bennett


Emery Worldwide

Order 03-01-28
OST-98-4046
OST-02-12547
46443
46858
Issued January 29, 2003 Order Revoking Certificate Revocation of Certificate Authority - Foreign

By this order, we are revoking the company's companion charter and scheduled foreign certificate authority. Instead of repeating our findings and conclusions in Order 2002-12-14, we incorporate them here by reference.

By: Randall Bennett


 

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