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OST-2005-20570 - Tradewind Aviation - Interstate Passenger Charter Certificate
http://www.tradewindaviation.com
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Tradewind Aviation, LLC OST-2005-20570 - Certificate of Public Convenience - Interstate Passenger Charter
March 4, 2005 Application for Certificate of Public Convenience & Necessity Tradewind has carefully studied the market for charter operations in the markets in which it has previously engaged in on‑demand service, principally from points in New York and New Jersey to Nantucket and Hyannis during the summer months, and has concluded that this market is not adequately served by other operators. Tradewind already has received numerous expressions of interest in such services from potential customers. Counsel: Holland & Knight, Louise Cobbs, 202-828-1860, louise.cobbs@hklaw.com
March 4, 2005 Motion to Withhold Information from Public Disclosure Counsel: Holland & Knight, Louise Cobbs, 202-828-1860, louise.cobbs@hklaw.com
March 22, 2005 Re: Request for Additional Information Please provide consolidated income statements and balance sheets for the three most recent calendar years or fiscal years for NVMC, as well as individual income statements and balance sheets for the three most recent calendar years or fiscal years for Tradewind. These financial statements should be current, within three months, and accompanied by all applicable footnotes to the financial statements. Additionally, provide a statement identifying the person who has prepared the financial statements, his or her accounting qualifications and his or her affiliation, if any, with the applicant. By: Damon Walker
March 25, 2005 Tradewinds expresses no view and does not take any position as to Tradewind's entitlement to hold the certificate authority it seeks herein. However, Tradewinds does strongly oppose Tradewind's proposed use of Tradewinds' long‑established trade name "Tradewinds" based upon the confusion the use by applicant of the Tradewind name will cause, as well as the potential to harm Tradewinds' long‑standing air carrier services in the U.S. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
April 4, 2005 Response for Tradewind Aviation to Tradewinds Airlines Except for the similarity in names, none of those factors is applicable to this case. There is no geographic overlap, and Tradewinds' large aircraft might not even be allowed to operate at many of the airports where Tradewind flies. The carriers' operations are entirely different in nature, and Tradewinds does not have significant public name recognition outside the cargo trade. Tradewind has limited trade name recognition, and then only in its restricted market. Tradewind has been active as a registered air taxi operator since 2001. No public confusion has been evident to date. To the extent that such confusion arises in the future, Tradewind will be happy to address those issues if and when they arise. Counsel: Holland & Knight, Louise Cobbs, 202-828-1860, louise.cobbs@hklaw.com
April 7, 2005 Response of Tradewind Aviation to DOT Request for Additional Information Tradewind Aviation, LLC, hereby responds to the March 22, 2005, request for additional information from the DOT's Air Carrier Fitness Division. See Appendix A hereto. Concurrently, Tradewind is filing its Family Assistance Plan in Docket OST-96-1960 and is filing a Notice in Docket OST-04-19518 that is has complied with the Accident Plan requirements. Tradewind is also filing its statement that it does not intend to operate any flights covered by Part 243.13 in Docket OST-98-3305 a notice of compliance in Docket OST-04-19518. Counsel: Holland & Knight, Louise Cobs, 202-828-1860, louise.cobbs@hklaw.com
April 7, 2005 Notice of Filing Family Assistance Plan Counsel: Holland & Knight, Louise Cobs, 202-828-1860, louise.cobbs@hklaw.com
April 7, 2005 Notice of Filing Passenger Manifest Plan Counsel: Holland & Knight, Louise Cobs, 202-828-1860, louise.cobbs@hklaw.com
April 20, 2005 Hereby files the attached OST Form 4507 in this Docket. The form reflects a change of address already provided to DOT, the deletion of one aircraft, and the addition of two aircraft. By disposing of one aircraft and acquiring two others, Tradewind has completed its contemplated adjustments to aircraft for the immediate future. Counsel: Holland & Knight, Louise Cobs, 202-828-1860, louise.cobbs@hklaw.com
May 5, 2005 Letter Regarding Request for Confidential Treatment Absent a clear and justifiable reason for doing so, it is not the Department's practice to withhold from public disclosure information regarding an applicant's current or historical financial statements, pre‑operating expenses, first‑year operating expense forecast, or the financial condition of its parent company. However, when the applicant has shown that substantial harm to its competitive position would result from public disclosure of specific information pertaining to a company's forecasted financial statements and such information is not the type that is normally released to the public, then the Department will generally grant confidential treatment to the line items contained in the forecasted financial statements, which pertain to revenues and related statistics. By: William Bertram
May 9, 2005 Pursuant to the Department's determination of Tradewind Aviation, LLC's requests for confidential treatment under Rule 12 of the Department's rules of procedure, Tradewind hereby files the following documents as required by the Department's May 5, 2005 notice: Exhibit 6 of Tradewind's March 4, 2005 Application; and 2. Documents designated a) through h) in the Department's May 5, 2005 notice. Counsel: Holland & Knight, Louise Cobbs, 202-828-1860, louise.cobbs@hklaw.com
May 26, 2005 Pursuant to the Department's informal request, Tradewind Aviation, LLC hereby files as Appendix A a letter from GE Capital in the amount of $1.3 Million advising that GE Capital is willing to lend up to that amount to Tradewind, if required. Filed, as Appendix B, is a letter Tradewind recently received from the FAA proposing a civil penalty for alleged violation of the FAA's drug testing program. Tradewind is investigating the allegations and will respond in due course to the FAA. Also filed, as Appendix C, are the originals of various certifications previous filed in copy with the DOT. Counsel: Holland & Knight, Louise Cobbs, 202-828-1860, louise.cobbs@hklaw.com
June 6, 2005 Filing of Notice of Change of Counsel This is to notify all parties to this matter that Jonathan Epstein, Esq., is replacingMs. Louise Cobbs as counsel for Tradewind Aviation, LLC. Counsel: Holland & Knight, Jonathan Epstein, 202-828-1870, jonathan.epstein@hklaw.com
July 15, 2005 We have reviewed the supplemental information filed on April 20, May 9, and May 26, 2005 in Docket OST-2005-20570 by Tradewind Aviation, LLC in support of its application for certificate authority. We have identified additional areas in which the company needs to provide further information and/or clarification before the Department can completely process Tradewind' s application. By: Damon Walker, 202.366.7785
October 19, 2005 On July 15, 2005, the Department requested further information from Tradewind Aviation, LLC to supplement its application for interstate charter air transportation. The company’s responses were due August 15, 2005. To date, however, we have yet to receive any additional information or response from Tradewind regarding our request for additional information. It is not the Department’s policy to keep incomplete applications open indefinitely. Therefore, unless Tradewind provides a complete response to our July 15 Infomation Request within 14 days of the date of this letter, we intend to dismiss its application without further notice. By: Air Carrier Fitness, Damon Walker
November 15, 2005 Supplemental Information - Bookmarked This Supplement is filed to repsond to the Department's request for supplemental information dated July 15, 2005, as well as to update certain other information made in previous filings. In particular, this supplement provides information regarding Tradewind Aviation's continued expansion.
Counsel: Holland & Knight, Jonathan Epstein, 202-828-1870, jonathan.epstein@hklaw.com
January 18, 2006 Letter Requesting Additional Information This letter follows our January 9, 2006, telephone conversation regarding the Supplemental information Tradewind Aviation, LLC filed on November 15, 2005, in response to our July 15, 2005, Information Request. As we discussed, the material provided by Tradewind does not fully address the questions posed by the Department. Therefore, we will need further and/or clarifying information before we can continue processing Tradewind’s application:
By: Air Carrier Fitness Division, Damon Walker
February 3, 2006 Supplemental Information (Supplement Five) to Application for Certificate Authority - Bookmarked This Supplement is filed to respond to the Department's request for supplemental information dated January 18, 2006. In particular, this supplement provides information regarding Tradewind Aviation's financial fitness:
Counsel: Holland & Knight, Jonathan Epstein, 202-828-1870, jonathan.epstein@hklaw.com
March 16, 2006 Tradewind Aviation currently operates an on-demand air charter service. Tradewind currently operates ten small aircraft (9 or less passenger seats) as follows: (i) on-demand charter service between Teterboro, New Jersey and White Plains, New York, on the one-hand, and Nantucket and Hyannis, Massachusetts, on the other, primarily during the spring through fall tourist season in Massachusetts; (ii) on-demand charter service between San Juan, Puerto Rico, on the one hand, and the U.S. Virgin Islands and the French West Indies on the other; and (iii) other on-demand charter flights to Canada or other destinations as part of its 24/7 dispatch service. Tradewind Aviation requests authority to engage in scheduled passenger operations as a commuter air carrier and proposes to use three Cessna Grand Caravan aircraft (each configured for up-to eight passengers), to provide scheduled flights between Teterboro, New Jersey and White Plains, New York, on the one-hand, and Nantucket and Hyannis, Massachusetts on the other, primarily during the spring through fall tourist season in Massachusetts. Tradewind Aviation believes that by offering flights at published times, it will increase the number of passengers it carries to and from these locations. Counsel: Holland & Knight, Jonathan Epstein, 202-828-1870, jonathan.epstein@hklaw.com
April 11, 2006 Counsel: Holland & Knight, Jonathan Epstein
Order 2006-5-10 Issued and Served May 12, 2006 Order to Show Cause and Proposing Issuance of Commuter Air Carrier Authority | Word On March 25, 2005, Tradewinds Airlines, Inc. d/b/a Tradewinds Cargo, a U.S. certificated air carrier, filed an answer to Tradewind’s application, opposing Tradewind’s proposed operating name “Tradewind Aviation.” Tradewinds Airlines argues that there is a potential for public confusion between the two companies given that Tradewind’s proposed area and type of operations, as well as its proposed operating name, are similar to its own. On April 4, 2005, Tradewind filed a response. Tradewind states that its proposed geographical area and type of operations are substantially different than that of Tradewinds Airlines, and thus, it is unlikely that the potential for public confusion exists or actual public confusion will arise if granted authority to conduct its proposed operations using the “Tradewind” name. The applicant further states that it has been a registered air taxi operator since 2002 and to date, there have been no reports related to public confusion between both companies. By this order, we tentatively conclude that Tradewind Aviation, LLC is a citizen of the United States, and is fit, willing, and able to conduct operations as a commuter air carrier, subject to conditions. We direct all interested persons to show cause why we should not issue an order finding that Tradewind Aviation, LLC is fit, willing, and able under 49 U.S.C. 41738 to provide scheduled passenger service as a commuter air carrier using small aircraft . By: Michael Reynolds
Order 2006-5-25 Issued and Served May 30, 2006 By Order 2006-5-10, issued May 12, 2006, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions that Tradewind Aviation, LLC is fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. Interested persons were given 14 calendar days to file objections to the order. No objections to the show-cause order were received. We issue a Commuter Air Carrier Authorization to Tradewind Aviation, LLC. By: Michael Reynolds
Order 2007-8-8 Issued and Served August 13, 2007 Order Confirming Oral Action and Issuing Effective Commuter Authorization By this order, we (1) confirm our oral action of July 28, 2006, making the interstate authority issued to Tradewind Aviation, LLC effective on that date, and (2) reissue Tradewind’s commuter air carrier authorization (Order 2006-5-25) to reflect its effective date. By: Todd Homan |
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