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OST-2005-20492 - Executive Jet Management - Commuter Air Carrier Authority
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Executive Jet Management, Inc. OST-2005-20492 - Commuter Air Carrier Authority February 28, 2005 Application for Commuter Air Carrier Authority - Bookmarked EJM requests authority to engage in scheduled passenger operations as a commuter air carrier. Initially, EJM proposes to operate business jet service between the New York, NY metropolitan area and the Chicago, IL metropolitan area and between the New York, NY metropolitan area and the Los Angeles, California area. EJM anticipates providing approximately thirty (30) flights per week in the N.Y.-Chicago market and ten (10) flights per week in the N.Y. -Los Angeles market. The flights will be conducted under the Public Charter Rules and EJM will serve as the direct air carrier. EJM has been in discussions with two companies, one of which will likely serve as the public charter operator. As business conditions allow, EJM may expand the markets it serves and may enter into public charter arrangements with additional public charter operators. Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-5657, kmmiljanic@hhlaw.com
February 28, 2005 Motion to Withhold Information from Public Disclosure Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-5657, kmmiljanic@hhlaw.com April 15, 2005 Re: Application for Commuter Air Carrier Authority Hereby notifies the Department of Transportation that it has changed its business plan, slightly. In EJM' s application filed with the Department on February 28, 2005, EJM indicated that it intended initially, to operate business jet service between the New York, NY metropolitan area and the Chicago, IL metropolitan area and between the New York, NY metropolitan area and the Los Angeles, California area. As noted in its application, EJM anticipates providing approximately thirty (30) flights per week in the N.Y.Chicago market and ten (10) flights per week in the N.Y.-Los Angeles market. The flights are to be conducted under the Public Charter Rules (14 C.F.R. Part 380) and EJM will serve as the direct air carrier. In item (t) of the information required by 14 C.F.R. Part 204.3(t) filed by EJM in Exhibit EJM-1 to that Application, EJM indicated that it anticipated that its New York flights would depart and arrive at Westchester County Airport in White Plains, New York. After further discussions with possible public charter operators, EJM has concluded that it would be preferential to operate in New York from LaGuardia Airport rather than from White Plains Airport. Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-8644/5657
April 18, 2005 Re: Application for Commuter Air Carrier Authority Hereby supplements its application with information about its Chief Pilot. EJM's Chief Pilot is Peter Djordjevic. Mr. Djordjevic assumed the position of Chief Pilot on January 24, 2005. Prior to assuming this position, he was Assistant Chief Pilot for EJM. Mr. Djordjevic has been with EJM since April 1985. Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-8644/5657 OST-2005-20492 - Commuter Air Carrier Authority May 3, 2005 Re: Supplement to Application with Information on Director, James Jacobs With regard to the Application of Executive Jet Management, Inc. for Commuter Air Carrier Authority filed in Docket OST‑2005‑20492, Executive Jet Management Company, Inc. hereby supplements its application with information about its Director, James W. Jacobs. Attached hereto as Exhibit EJM‑1 is Mr. Jacobs' resume and his completed Director's questionnaire. Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-8644/5657 OST-2005-20492 - Commuter Air Carrier Authority June 3, 2005 Supplement of Executive Jet Management, Inc. supplementing its application with revised and updated financial statements and forecasts and verification of additional funds. Counsel: Hogan & Hartson, Kathy Miljanic, 202-637-8644/5657 OST-2005-20492 - Commuter Air Carrier Authority June 15, 2005 Re: Motion for Confidential Treatment Attached hereto is EJM's revised exhibit, "Verification of Available Funds (Exhibit EJM‑14 (Revised))." Note, as discussed with the Department, all account numbers have been redacted from those documents. Counsel: Hogan & Hartson, E. Tazwell Ellett, 202-627-8644, etellett@hhlaw.com Executive Jet Management, Inc. Order 2005-7-15 Issued July 15, 2005 | Served July 20, 2005 We tentatively find that Executive Jet Management, Inc. (EJM) is a citizen of the United States and is fit, willing, and able to provide scheduled passenger operations as a commuter air carrier, subject to conditions. EJM, based in Cincinnati, Ohio, currently operates a total of 80 aircraft with passenger seating capacity ranging from 7 to 18 seats. If granted the commuter authority it seeks, EJM plans to provide interstate scheduled passenger service as a commuter air carrier, operating approximately 30 flights per week in the New York-Chicago market and 10 flights per week in the New York-Los Angeles market. The applicant intends to operate these flights under Part 380 of the Department's Public Charter Rules (14 CFR Part 380), and serve as the direct air carrier. EJM proposes to conduct its commuter operations under FAR Part 135 and to utilize the same, or similar, aircraft currently used in its air taxi operations. Additionally, EJM anticipates dry leasing additional aircraft over the next year as needed to support its proposed operations By: Karan Bhatia OST-2005-20492 - Commuter Air Carrier Authority July 21, 2005 Executive Jet Management, Inc. Order 2005-8-11 Issued and Served August 16, 2005 By Order 2005-7-15, issued July 20, 2005, we directed all interested persons to show cause why we should not issue an order finding that Executive Jet Management is fit, willing and able under 49 U.S.C. 41738 to provide scheduled passenger service as a commuter air carrier and issue to it a Commuter Air Carrier Authorization subject to the attached specimen Terms, Conditions, and Limitations. Interested persons were given 26 days to file objections. No objections to the show-cause order were received. By: Karan Bhatia OST-2005-20492 - Commuter Air Carrier Authority November 9, 2005 By Final Order 2005-8-11, the Department of Transportation granted Executive Jet Management, Inc.'s application for commuter air carrier authority. That order required the submission of certain information prior to EJM's commuter air carrier authority becoming effective. Attached hereto is the information requested, as follows: (a) A copy of the EJM's Air Carrier Certificate and Operations Specifications authorizing such operations from the Federal Aviation Administration. (b) A certificate of insurance on OST Form 6410 evidencing liability insurance coverage meeting the requirements of 14 CFR 205.5(b) for all of EJM's aircraft. (c) A revised list of pre-operating expenses already paid and those remaining to be paid, as well as independent verification that EJM has available to it funds sufficient to cover any remaining pre-operating expenses and to provide a working capital reserve equal to the operating costs that would be incurred in three months of operations. Counsel: Hogan & Hartson, Tazewell Ellett, 202-637-8644, etellett@hhlaw.com Order 2006-2-16 Issued and Served February 22, 2006 Order Confirming Oral Action and Issuing Effective Commuter Authority By Order 2005-8-11, issued August 16, 2005, the Department found that EJM was fit to conduct air transportation as a commuter air carrier. That authority was not to become effective until six (business) days after the Department had received (1) a copy of EJM’s Air Carrier Certificate and Operations Specifications authorizing such operations from the Federal Aviation Administration, (2) evidence of liability insurance coverage that meets the requirements of section 205.5(b) (14 CFR 205.5(b)) for all its aircraft, (3) a statement of any changes it had undergone in areas affecting its fitness subsequent to the issuance date of the show cause order in this proceeding,’ and (4) updated financial information and evidence that EJM still had available to it funds sufficient to meet the Department’s financial fitness criteria. On November 19, 2005, EJM provided a statement confirming that it had not undergone any changes in its ownership, management, operations, financial posture, or compliance disposition since the Department issued its show cause order on July 20, 2005. On the same date, we received a copy of EJM’s Air Carrier Certificate and Operations Specifications showing that it has been authorized to provide the proposed air transportation, a current OST form 6410 evidencing that all of the air carrier’s aircraft have the appropriate liability insurance coverage required by section 205.5, and third-party verification of its available funding. Upon review of these documents, we concluded that EJM remained fit to conduct its proposed commuter operations. Thus, on December 19, 2005, we orally advised EJM that we were making its commuter authority effective on that date. By this order, we confirm that action and reissue to EJM its commuter air carrier authorization to reflect its effective date. By: Todd Homan OST-2005-20492 - Commuter Authority November 29, 2006 Re: EJM Has Not Initiated Scheduled Service We are writing to inform you that due to an unanticipated change in circumstances, Executive Jet Management, Inc. has not initiated scheduled service using the commuter authority granted to it by the Department of Transportation on December 19, 2005. EJM hereby relinquishes its commuter authority. We request that this relinquishment be accepted without prejudice such that if future circumstances warrant, EJM may submit a new application for commuter authority. Counsel: Hogan & Hartson, Kathy Miljanic Order 2007-1-3 Issued and Served January 8, 2007 Order Revoking Commuter Authority By Order 2006-2-16, issued February 22, 2006, the Department confirmed its oral action of December 19, 2005, making the Commuter authorization issued to EJM effective on that date, and reissued EJM’s Commuter Air Carrier Authorization to reflect its effective date. By letter dated November 29, 2006, EJM informed the Department that due to an unanticipated change in circumstances, the air carrier had yet to initiate its scheduled commuter operations and thereby wished to relinquish its commuter authority. Under the circumstances and in accordance with section 204.7 of our rules, which provides that, if an air carrier does not commence actual flying operations within one year of the date of the Department’s determination of its fitness, its authority to conduct such operations shall be revoked for dormancy. We revoke for reason of dormancy the commuter air carrier authority issued to Executive Jet Management, Inc., by Order 2006-2-16. By: Todd Homan |
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