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OST-02-14071 |
| OST-02-14071 | December 13, 2002 | Application for a Certificate of Public Convenience and Necessity | Certificate of Public Convenience and Necessity - Intra-State Nebraska Commuter |
| Service List | |||
| Proposed Service and Fitness Data | |||
| Waiver of Confidentiality and Notice / Request for Expedited Nonhearing Procedures | |||
| Index of Exhibits | |||
| Exhibit WA-1: Articles of Incorporation / Articles of Correction / Bylaws | |||
| Exhibit WA-2: Certificate of Good Standing | |||
| Exhibit WA-3: Affidavit of Citizenship | |||
| Exhibit WA-4: Officer and Director Resumes, Fitness Questionnaire Responses, and Citizenship Affidavits | |||
| Exhibit WA-5: Organizational Chart | |||
| Exhibit WA-6: Shareholders | |||
| Exhibit WA-7: Financial Statements | |||
| Exhibit WA-8: Aircraft Lease Agreement | |||
| Exhibit WA-9: Proposed Aircraft Lease Agreement | |||
| Exhibit WA-10: Order Awarding Grants | |||
| Exhibit WA-11: Private Placement Memorandum | |||
| Exhibit WA-12: Conditional Letter of Approval from Platte Valley National Bank | |||
| Exhibit WA-13: Independent Accountant's Report | |||
| Exhibit WA-14: Financial Statements - Forecasted Pre-Operating Period and Year One | |||
| Exhibit WA-15: Notes to Forecasted Financial Statements | |||
| Exhibit WA-16: Sample Affidavit of Safety Compliance | |||
| Exhibit WA-17: Facility Lease Agreements | |||
| Exhibit WA-18: Letter Submitting Family Assistance Plan | |||
| Exhibit WA-19: Propose Route Map | |||
| Exhibit WA-20: Forecasted Operational Data Year One of Operations | |||
| Exhibit WA-21: Flight Schedules Phases One and Two | |||
| Exhibit WA-22: Roundtrip Airfares Phases One and Two | |||
| Exhibit WA-23: Derivation of Operating Revenues and Expenses | |||
| Exhibit WA-24: Agreement 18900 | |||
| Exhibit WA-25: Pre-Application Statement of Intent | |||
| Exhibit WA-26: Time/Fuel/Distance Calculation | |||
| Exhibit WA-27: Title 18 Certification |
Applicant plans to offer only intrastate scheduled air transportation within the State of Nebraska between Scottsbluff, North Platte, Lincoln, and Omaha. Subsequently, the Applicant proposes to offer interstate scheduled air transportation services primarily in the upper Midwest and northern Rocky Mountain regions of the United States.
Counsel: Blackwell Sanders, Steven Kupka, 202 378-2300
| OST-02-14071 | January 27, 2003 Released to Public February 5, 2003 |
Amendment No. 1 to Application | Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation |
Hereby amends paragraph 17 (page 26 of 44) to substitute for Robert F. Johnson the correct name of the Federal Aviation Administration designated Certification Project Manager
Counsel: Blackwell Sanders, Daniel Morris, 402-964-5022, damorris@blackwellsanders.com
| Order 03-03-10 OST-02-14071 |
Issued and Served March 18, 2003 | Order to Show Cause - Proposing Issuance of Certificate Authority | Certificate of Public Convenience and Necessity - Intra-State Nebraska Commuter |
If found fit, Westward proposes to begin its operations during the first half of 2003 using a leased Pilatus PC-12/45 aircraft accomodating up to 9 passenger seats. The carrier will operate over a route with service to Omaha, North Platte, Lincoln and Scottsbluff, Nebraska. Approximately 6 months later, Westward plans to lease a second PC-12/45 aircraft and expand its operations to Rapid City, Pierre and Sioux Falls, South Dakota.
By: Read C. Van de Water
| Order 03-04-4 OST-02-14071 |
Issued April 2, 2003 Served April 7, 2003 |
Final Order | Certificate of Public Convenience and Necessity - Interstate Scheduled |
By Order 2003-3-10, issued March 18, 2003, 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 Westward Airways, Inc., authorizing it to engage in interstate scheduled air transportation of persons, property, and mail using aircraft having 9 passenger seats or less. Interested persons were given 14 calendar days to file objections to the order.
By: Read C. Van de Water
OST-02-14071 - Interstate Scheduled Air Transportation
December 31, 2003
Re: Letter from Air Carrier Fitness
Although over nine months have elapsed since the Department's grant of authority to Westward, to date, the company has not fulfilled the conditions imposed by Order 2003‑44 to have its authority made effective. This letter is to remind the company of the requirements of section 204.7 of the Department's regulations and the impact of that section on its authority. Specifically, section 204.7 provides, among other things, that the authority granted to a company shall be revoked if the company does not commence actual flying operations under that authority within one year of the date of the Department's determination of its fitness‑‑that is, by April 7, 2004, for Westward.
By: Air Carrier Fitness, Patricia Thomas
OST-02-14071 - Waiver and Extension of the Revocation for Dormancy Provisions
February 18, 2004
Westward Airways has acquired and is maintaining the necessary financial resources. Applicant's financial condition is as strong now as projected in its Application for Certification of Public Convenience and Necessity: The Applicant now has capital available from successful completion of its $550,000 second private placement of stock and receipt of funds from the $950,000 Small Community Air Service Grant described in the Application.
Westward has acquired, via lease, its first Pilatus PC‑12 and has begun to acquire aircraft‑specific equipment and maintenance tooling. Additional equipment, tooling, and the Applicant's aircraft parts inventory will be acquired in the next 60 days.
Counsel: Blackwell Sanders, Daniel Morris, 402-964-5022, damorris@blackwellsanders.com
OST-02-14071 - Certificate of Public Convenience and Necessity - Intra-State Nebraska Commuter
February 19, 2004
This responds to your letter of February 18 requesting that Westward Airways, Inc. be granted a 90-day extension of the time in which to hlfill the conditions in our Final Order 2003-4-4, served April 7, 2003, that requires Westward to commence scheduled passenger operations as a certificated air carrier within one year. The effectiveness of this authority was conditioned upon Westward’s fulfilling a number of conditions, including providing us with a copy of its Air Carrier Certificate and Operations Specifications from the Federal Aviation Administration authorizing such operations.
After reviewing the information you submitted in support f an extension, and conferring with Westward's Principal Operations Inspector, we have concluded that there is good cause to grant your request. Westward now has until July 7, 2004 to commence actual flight operations.
By: Air Carrier Fitness, Patrica Thomas
OST-02-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation of Persons, Property, and Mail
April 29, 2004
Application (With Exhibits)
This Supplement is provided as required by DOT Order 2003-4-4, served on April 7, 2003. In that Order, the Department required Westward Airways to submit certain information before the Final Order would become effective. All of the required information is included in the Supplement and its attachments.
Because this Application presents no issues of material fact or complex issues of law or policy, Westward Airways requests that the Department waive the requirement stated in paragraph (1) of its Order, which indicated that the Certificate will not become effective until six business days after the Department has received the required documents. Westward Airways has completed a lengthy process to arrive at its goal of providing passenger air service in the State of Nebraska. Westward's employees are eager to begin serving the public as quickly as possible. Also, Westward Airways' plans for fiscal success would be enhanced by an ability to pre‑sell tickets. Therefore, Westward Airways hopes that you will grant immediate certification.
Counsel: Blackwell & Sanders, Steven Kupka, 202-378-2300, skupka@blackwellsanders.com
OST-02-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
May 5, 2004
Second Supplement to Application
To respond to DOT's question regarding the expenses which appear in Exhibit 33, the total "Pre‑Op Expenses Yet to be Paid are, in fact, $234,530 (calculated as $113,000 + $121,530). The figures which appear in the first column ($217,606 and $596,825) are those which Westward has already paid over the course of our pre‑operative period, as is indicated in the column header "Pre‑Operative Period to Date". The total dollar amount of pre‑operational expenses to date is $814,431.
Counsel: Blackwell & Sanders, Steven Kupka, 202-378-2300, skupka@blackwellsanders.com
OST-02-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
May 10, 2004
This supplement provides clarification of information filed by WESTWARD AIRWAYS, INC. on April 29, 2004 in filing OST-2002-14071-8 and is responsive to requests from the Department of Transportation for additional documentation regarding Section 1(d) of DOT Final Order 2003-4-4.
Counsel: Blackwell & Sanders, Steven Kupka, 202-378-2300, skupka@blackwellsanders.com
OST-02-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
May 20, 2004
Third Supplement to Application
Applicant has obtained additional capital of $425,000 by way of a loan from Western Way LLC, a Wyoming limited liability company. Western Way LLC is not a shareholder of Applicant. Western Way LLC has two members, Chuck Weinreis and Paul Reed, who both are shareholders of Applicant. Neither Chuck Weinreis or Paul Reed owns or controls more than 6% of Applicant's voting stock
Counsel: Blackwell & Sanders, Steven Kupka, 202-378-2300, skupka@blackwellsanders.com
Westward Airways, Inc.
Order 04-6-5
OST-02-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
Issued June 7, 2004 | Served June 10, 2004
Order Confirming Oral Action and Issuing Effective Certificate | Word
By this order, we reissue Westward Airways, Inc.’s section 41102 interstate scheduled passenger certificate to reflect its effective date.
Westward provided an update on the private placement it completed on September 15, 2003. Subsequent to the company’s completion of this private placement, only two shareholders own or control 10 percent or more of Westward’s voting stock: Kristi A. Feusner, Westward’s President and Chairman (31.4 percent) and John J. Warden, Westward’s Executive Vice President and Vice Chairman (31.4 percent). Additionally, as a result of the completion of the private placement, the board of directors elected to increase the number of members from three to four.
Westward has provided updated financial statements indicating that it has approximately $1,114,417.92 in total available resources, made up of cash reserves and grant funding under the Department’s Small Community Air Service Development Pilot Program
By: Randall Bennett
OST-2002-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
July 29, 2005
Re: EAS at Alamogordo, NM and Shut Down of Operations
This letter serves to, among other things, clarify a misstatement in your letter to the Department dated July 27, 2005. In that letter, you state that "Westward has temporarily ceased operations because DOT personnel informed us that the airline must cease all operations if it discontinued flying EAS for Alamogordo in New Mexico." However, by your own admissions, during the course of two conference calls, you confirmed the carrier's understanding that it had ceased its operations on its own accord; not due to any action on the part of the Department.
We also want to confirm Westward's stated intention to immediately shut down its operations. In this regard, we ask that you not object to our proposal to cancel Westward's Certificate of Public Convenience and Necessity. Additionally, should Westward affirmatively agree to such cancellation, we ask that you voluntarily surrender Westward's Operations Specifications to the Federal Aviation Administration. Please advise us within seven (7) days of the date of this letter of your intentions regarding the Department's proposed course of action and the carrier's surrender of its Operations Specifications.
By: Air Carrier Fitness, William Bertram
Westward Airways, Inc.
Order 2005-9-15
OST-2002-14071 - Certificate of Public Convenience and Necessity to Engage in Interstate Scheduled Air Transportation
Issued and Served September 21, 2005
Order Canceling Certificate Authority
We cancel the interstate certificate issued to Westward Airways, Inc by Order 2004-6-5 authorizing it to engage in interstate scheduled air transportation of' persons, property, and mail.
By: Randall Bennett
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