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OST-2005-21287 - Platinum Airlines - Foreign Certificate - Charter Passenger
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OST-2005-21287 - Certificate of Public Convenience and Necessity - Foreign Charter Passenger May 18, 2005 Application for a Certificate of Public Convenience and Necessity Counsel: James Tello, 202-399-1918, jamestello@earthlink.net OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger September 27, 2005 Additional Information Request Platinum requests confidential treatment of Exhibit 5 - Combined Balance Sheets and Exhibit 8 - Forecast Balance Sheet and Income Statement. In its motion, the applicant states that this information warrants confidential treatment because its release could have substantial negative competitive impacts on the company. Platinum contends that the information for which confidential treatment is requested is sensitive, private, and commercial information pertaining to income, costs, financial data, operating plans, and projections. With respect to Exhibit 8, we find that there is nothing in the nature of the exhibit which would result in a blanket grant of confidential treatment. Therefore, we cannot grant confidential treatment to Exhibit 8 in its entirety. However, we recognize that the exhibit does contain some information for which we have typically granted confidential treatment, such as revenue projections. We ask that Platinum carefully review Exhibit 8 and specifically identify the line items which the applicant believes contains proprietary information! After the applicant has identified these portions, we will review the submission, determine what if those portions should be granted confidential treatment, and issue a ruling to that effect. To that end, if Platinum does not specifically identify the information in Exhibit 8 that it believes to be proprietary within 15 days of the date of this letter, we will deny confidential treatment of Exhibit 8 in its entirety. By: William Bertram OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger October 3, 2005 Additional Information - Bookmarked On May 18, 2005, Platinum Airlines, Inc. filed a motion for confidential treatment under 14 CFR section 302.12 (Rule 12 of the Procedural Regulations) in connection with Exhibits 5 and 8 to its applications in the subject dockets for domestic and international charter certificates. By letter of September 27, 2005, your office issued a tentative decision on the motion that would deny it in its entirety. Through the undersigned counsel, Platinum hereby responds to the Department's tentative decision and request by withdrawing all but the following proprietary text within Exhibit 8 from the scope of its motion for confidentiality. Counsel: James Tello, 202-399-1918, jamestello@earthlink.net OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger October 12, 2005 Re: Ruling on Confidential Treatment In your October 3 letter, you identified the specific line items Platinum is requesting that the Department withhold from public disclosure.' We have reviewed these line items and find that they are of the type that the Department typically grants confidentiality. Therefore, we will grant your October 3 request for confidential treatment pursuant to Rule 12. Specifically, Platinum requested confidential treatment of block hour prices, results of aircraft sales, projected revenues, and crew and staff salaries. By: Air Carrier Fitness, William Bertram Platinum Airlines, Inc. Order 2005-10-13 Issued and Served October 17, 2005 By this order, we tentatively conclude that Platinum Airlines, Inc. is a citizen of the United Statcs, is fit, willing, and able to engage in interstate and foreign charter air transportation of persons, property, and mail, and should be issued certificates of public convenience and necessity, subject to conditions. We direct all interested persons to show cause why we should not issue orders making final the tentative findings and conclusions stated above and award certificates to Platinum Airlines, Inc., authorizing it to engage in interstate and foreign charter air transportation of persons, property, and mail, subject to the attached specimen Terms, Conditions, and Limitations. By: Susan McDermott OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger October 19, 2005 As we discussed today, I am submitting the required biography of Bruce R. Morgan, the new chief pilot planned for operations by Platinum Airlines, Inc., an applicant for interstate and foreign air transportation certificates. He meets FAR 119 requirements for that position. All previous representations as to key personnel in the applications remain correct. Mr. Morgan is a U.S. citizen; he owns no shares or other interests in Platinum directly or indirectly. He holds no officership, directorship, stock or other interest in any other air carrier, common carrier, or entity substantially engaged in the business of aeronautics. He has no pending investigations, enforcement actions, or formal complaints by DOT or FAA and was never affiliated with an air carrier as a partner, officer, director, or stockholder with any other air carrier found to have committed a knowing, willful violation of the transportation code, or any order, rule or regulation thereunder. There are no outstanding judgments against him. There are no civil or criminal charges against him within ten years (or against any company in which he was an officer or had beneficial control of ten percent of the outstanding stock) for fraud, felony, or antitrust violations, or unfair, anti-competitive or deceptive business practices. He has been involved in no aviation-related accident or incident during the past year or at any time in the past that remains under investigation by the FAA, the NTSB or the company he worked for at the time. Finally, Mr. Morgan has a significant recent experience as a pilot of large aircraft for air carriers and aviation experience stretching back for 20 years. He is amply qualified for the position of chief pilot of an air carrier with a single aircraft. By: Platinum Platinum Airlines, Inc. Order 2005-11-4 Issued and Served November 1, 2005 By Order 2005-10-13, issued October 17, 2005, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it and award certificates of public convenience and necessity to Platinum Airlines, Inc. authorizing it to engage in interstate and foreign charter air transportation of persons, property, and mail. Interested persons were given 14 days to file objections to the order. No objections to the show-cause order were received. We issue a certificate of public convenience and necessity to Platinum Airlines, Inc., to engage in interstate air transportation in the form and subject to the Terms, Conditions, and Limitations attached. By: Susan McDermott Order 2006-1-3 Issued January 3, 2006 | Served January 10, 2006 Order Issuing Foreign Certificate | Word We issue a certificate of public convenience and necessity to Platinum Airlines, Inc., authorizing it to engage in foreign charter air transportation of persons, property, and mail in the form and subject to the Terms, Conditions, and Limitations attached. This order was submitted for section 41307 review on November 1, 2005. The 61st day is January 3, 2006. Since the President’s designee did not disapprove this order before that date it became effective on January 3, 2006. By: Susan McDermott OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger October 31, 2006 Request for an Extension of Time to File In accordance with the Department's Final Order in the subject dockets (Order 2005-11-4, issued November 1, 2005) Platinum Airlines, Inc. was found fit, willing and able to engage in interstate and foreign charter air transportation of persons, property, and mail, making final the tentative findings and conclusions to that effect stated in its Order to Show Cause (Order 2005-10-13, issued October 17, 2005). As a condition of the certificate of public convenience and necessity accompanying that decision, and of that accompanying the later Order Issuing Foreign Certificate (Order 2006-1-3, issued January 3, 2006), the Company was required to commence actual flying operations by November 1, 2006. Unfortunately, I am advised that a significant problem was encountered with the preparation of manuals in conformity with current guidelines of the Federal Aviation Administration. As a result, a new consultant must be retained to complete those manuals. The Company advises that this may result in a delay of at least six months in the commencement of operations. Accordingly, the Company hereby requests an extension of at least that period of time, i.e. until at least May 1, 2007, for such operations to commence. Counsel: James Tello, 202-399-1918, jamestello@earthlink.net OST-2005-21286 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger November 1, 2006 Re: Request for Six Month Extension for Start-Up In your letter, you indicate that Platinum will not be able to commence its proposed operations within one year from the date that it was found fit, that is, by November 1, 2006. You state that Platinum has encountered significant problems in preparing its manuals in accordance with guidelines specified by the Federal Aviation Administration, and request that the Department grant Platinum an additional 6 months to make its authority effective and commence operations. Based on the information that you provided in your letter, we find good cause for granting Platinum a 6-month extension, until May 1, 2007. We note, however, that if Platinum does not commence actual flying operations under its certificate by May 1, 2007, its authority will be revoked for dormancy. See Order 2005-11-4, issued November 1, 2005. Condition No. 9 states that in the event that the holder does not commence actual flying operations under this certificate within one year of the date of the Department's determination of its fitness, its authority shall be revoked for dormancy, unless the holder is conducting operations under another type of certificate authority. By: Air Carrier Fitness, William Bertram
Order 2008-5-16 Issued March 12, 2008 | Served May 13, 2008 Order Revoking Foreign Certificate By Order 2008-3-11, issued March 12, 2008, we revoked the Section 41102 interstate certificate of public convenience and necessity issued to Platinum Airlines, Inc., by Order 2006-1-3. By this order, we are revoking the company’s companion foreign charter certificate authority. Instead of repeating our findings and conclusions in Order 2008-3-11, we incorporate them here by reference. By: Todd Homan |
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