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OST-2006-23694 - Business Jet Services - Certificate of Public Convenience and Necessity - Interstate Charter Passenger
http://www.businessjetservices.com/
OST-2006-23695 - Business Jet Services - Certificate of Public Convenience and Necessity - Foreign Charter Passenger
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OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger January 20, 2006 Application for a Certificate of Public Convenience and Necessity - Bookmarked BJS, a Texas limited partnership, was formed in 1996 to fill the gap found in domestic charter services offered in Texas, with a well‑financed, highly experienced management team ‑ led by Mr. Robert Wright and Mr. Kevin Jordan, combined with substantial resources to operate charter operations, aircraft management and aircraft maintenance services at Dallas‑Love Field in Dallas, Texas. BJS plans to continue providing on-demand, charter service using all the aircraft listed in Exhibit BJS-7 with the addition of the BAC 1-11. For such charters, the BAC 1-11 will be in VIP seating configuration for 30 passengers and will serve customers desiring charter services originating throughout the United States. Since 1996, BJS has provided aircraft management and maintenance services under Part 298 for several long-range aircraft. To provide these services, BJS uses its own pilots, flight attendants, technicians, scheduler/dispatchers and accounting staff. Based on current requirements and market research, BJS has identified a demand for charter services, particularly between U. S. points, with the larger BAC 1-11 aircraft executive configuration. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
January 23, 2006 Motion for Confidential Treatment Business Jet Services moves, pursuant to Rule 12 of the Department's Rules of Practice, to withhold one confidential document from public disclosure. The document that BJS seeks to withhold from public disclosure is an aircraft lease agreement between BJS and The Jet Place for the BAC 1-11 that will be used for BJS' certified operations. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger March 7, 2006 DOT Letter Approving Confidentiality Request On January 20, 2006, Business Jet Services, Ltd. filed applications in Dockets OST-2006-23694 and OST-2006-23695 requesting that the Department issue it certificate authority to engage in interstate and foreign charter passenger air transportation. In connection with its applications, BJS filed a motion for confidential treatment for certain information the company was providing. Specifically, the company requested confidentiality for the aircraft lease agreement between itself and The Jet Place, Inc. for the use of one BAC 1-11 aircraft. The purpose of this letter is to rule on this motion. There is no question that the information for which BJS seeks confidential treatment is financial or commercial in nature and that it was obtained from a person outside the government. The remaining question is whether the information is privileged or confidential--whether “disclosure of the information is likely to have either of the following effects: (1) impair the Government’s ability to obtain necessary information; or (2) cause substantial harm to the competitive position of the person from whom the information was obtained.” We have reviewed the information for which BJS requests confidentiality and agree with the company that public disclosure of its aircraft lease agreement, which includes certain terms and financial information that may be used by its competitors, could substantially harm BJS’ competitive position. Moreover, it has been the Department’s practice to grant confidentiality to such agreements and we see no reason not to do so in this case. Therefore, we will provide confidential treatment to BJS’ aircraft lease agreement. By: Air Carrier Fitness Division, Lauralyn Remo
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger March 7, 2006 DOT Letter Requesting Additional and/or Clarifying Information We have completed our initial review of the applications filed in Dockets OST-2006-23694 and OST-2006-23695 by Business Jet Services, Ltd. for the determination of its fitness to conduct interstate and foreign charter air transportation of persons, property, and mail. This review has revealed the need for additional and/or clarifying information before we can completely process BJS' applications:
By: Air Carrier Fitness Division, Lauralyn Remo
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger March 20, 2006 Re: Additional Information - Bookmarked
Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger April 14, 2006
By: Air Carrier Fitness, Lauralyn Remo
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger April 20, 2006 Re: Information Response - Bookmarked
Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538
Order 2006-6-13 Issued and Served June 12, 2006 Order to Show Cause and Proposing Issuance of Certificate Authority By this order, we tentatively conclude that Business Jet Services, Ltd. is a citizen of the United States, is fit, willing, and able to provide interstate and foreign charter air transportation of persons, property, and mail, and should be issued certificates of public convenience and necessity authorizing such operations. We note that our tentative finding of fitness for BJS is based on the operating plans described in its application, namely the operation of no more than one large aircraft. These findings might no longer apply if the company were to substantially change the scope of its operations through the introduction of additional large aircraft. Therefore, once the applicant’s certificates become effective, should BJS propose to acquire additional large aircraft beyond the one initially proposed, it must notify the Department in writing at least 45 days in advance and demonstrate its fitness for such operations prior to implementing service with those additional large aircraft. 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 Business Jet Services, Ltd., authorizing it to engage in interstate and foreign charter air transportation of persons, property, and mail. By: Michael Reynolds
Order 2006-6-30 Issued and Served June 26, 2006 By this order, we issue only an interstate certificate to Business Jet Services. Ltd. Issuance of a foreign certificate is subject to Presidential review under 49 U.S.C. 41307 and will be handled in a separate order. By: Michael Reynolds
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger June 28, 2006 Re: Additional Information Response This letter provides the items necessary to activate the interstate certificate authority that was issued to Business Jet Services, Ltd. by the Department on June 26, 2006. BJS respectfully asks the Department to waive the six business-day waiting period and to make BJS' certificate authority effective immediately.
Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger June 28, 2006 Revised Certificate of Insurance Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
Order 2006-8-25 Issued June 26, 2006 | Served August 28, 2006 Order Issuing Foreign Certificate By Order 2006-6-30, issued June 26, 2006, we found Business Jet Services, Ltd., fit, willing, and able to engage in interstate and foreign charter air transportation of persons, property, and mail. Further, by that order, we issued a section 41102 certificate authorizing Business Jet Services, Ltd., to engage in interstate charter air transportation. By this order, we are issuing a companion certificate authorizing Business Jet Services, Ltd., to engage in foreign charter air transportation. Instead of repeating our findings and conclusions in Order 2006-6-30, we incorporate them here by reference. By: Michael Reynolds
Order 2007-10-26 Issued and Served October 22, 2007 On June 28, 2006, BJS submitted evidence that it had appropriate liability insurance, third-party verification of its available funding, and its Air Carrier Certificate and Operations Specifications from the FAA authorizing it to conduct interstate charter air transportation. The air carrier also provided a statement confirming that it had not undergone any changes in areas affecting its fitness, with the exception of a minor change in its ownership, since the Department issued its Show Cause Order on June 12, 2006. At the same time, it requested that the Department waive the six-day waiting period and make its interstate authority effective as soon as possible. With respect to its foreign certificate authority, it has now been more than one year since BJS was found fit to engage in foreign charter air transportation and the company has yet to provide a copy of its amended Operating Specifications from the FAA authorizing such operations using large aircraft. By: Todd Homan
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger November 1, 2007 Petition for Review of Staff Action in Order 2007-10-26 Business Jet Services, Ltd. petitions for review of Order 2007-10-26 to the extent it revoked BJS' authority to conduct foreign charter operations. Revocation of BJS' foreign certificate contravenes the express terms of the certificate, which provides that BJS' foreign authority will not be dormant if BJS is conducting operations pursuant to its interstate certificate. As a result, BJS urges the Department to reinstate and activate BJS' foreign charter certificate immediately based on the existing record, including the operations specifications and certificate of insurance submitted with this petition, or to grant an immediate exemption authorizing BJS to conduct short-haul foreign charter operations with its BAC 1-11 aircraft. The Department's revocation of BJS' foreign certificate is contrary to paragraph 11 of that certificate, which says: "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 fitness, its authority shall be revoked for dormancy, unless the holder is conducting operations under another type of certificate authority." As demonstrated by the first year progress report that BJS submitted to the Department on August 30, 2007, BJS has been conducting operations under "another type of certificate authority", namely its interstate charter certificate. Counsel: Crowell & Moring, Lorriane Halloway, 202-624-2538, lhalloway@crowell.com
OST-2006-23694 - Certificate of Public Convenience and Necessity - Interstate Charter Passenger January 14, 2008 Business Jet Services, Ltd. files this notice and request for a waiver of the 45-day advance filing requirement, pursuant to 14 C.F.R. § 204.7(b), so that BJS may resume certificated charter operations with a BAC 1-11 aircraft no later than January 29, 2008. By letter dated January 7, 2008, BJS learned of the Department's understanding that BJS had ceased operations as of December 13, 2007, and conclusion that BJS is dormant under 14 C.F.R. 204.7. In fact, the carrier's one BAC 1-11 was undergoing heavy maintenance on December 13 and remains listed on all but one of BJS' operations specifications. While disagreeing with the Department's dormancy determination, BJS is filing this notice and waiver request to assure its return to certificated operations in time to honor long-standing interstate charter commitments beginning on January 29 and to expedite action on the carrier's pending petition for review of staff action with respect to BJS' foreign certificate. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com
Order 2008-2-8 Issued and Served February 5, 2008 By this order, we (1) grant the petition filed by Business Jet Services, Ltd. for review of staff action taken in Order 2007-10-26, thereby reversing the action that would have revoked the air carrier’s foreign certificate authority, (2) waive the 45-day notice period required to resume certificated operations following the suspension of BJS’ certificated authority on December 13, 2007, and (3) confirm our oral action of January 28, 2008, making the interstate charter certificate issued to BJS effective on that date. By: Michael Reynolds |
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