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Updated: Monday, January 28, 2008 10:22 AM


OST-2007-28808 - Colgan Air - Certificate - US-Canada

http://www.colganair.com/


OST-2007-28807 - Colgan - Certificate - Interstate and Foreign


Colgan Air, Inc.

OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

July 19, 2007

Application for a Certificate of Public Convenience and Necessity

Colgan Air, Inc. applies for a certificate of public convenience and necessity to engage in scheduled foreign air transportation of persons, property and mail from points in the United States to a point or points in Canada. Colgan holds a commuter fitness determination, is an operating commuter air carrier and essential air service provider serving over 50 U.S. and Canadian cities. Colgan intends in the coming months to inaugurate scheduled operations within the United States and between the United States and Canada utilizing Bombardier Dash-8 Q400 aircraft designed and configured for greater than 60 seats, hence this application.

Colgan plans to inaugurate revenue operations utilizing the first of its new Dash-8 Q400s on or about January 5, 2008. Ultimately, Colgan will operate 14 operational patterns or “lines” of flying under its Continental Airlines code-share agreement using the Dash-8 Q400 aircraft. Newark’s Liberty International Airport will be the hub of these operations, which will fly under the Continental Connection trade name. The 15 aircraft will be phased in from January through June 2008, with one aircraft utilized as a spare.

Concurrent with the filing of this application, Colgan has filed an application for a certificate of public convenience and necessity to engage in scheduled interstate air transportation of persons, property and mail, including complementary authority to engage in interstate and foreign charter air transportation of persons, property and mail.

Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com



August 1, 2007

Erratum

To correct an error in footnote 1 on page 3 of Colgan Air, Inc.'s Application for a Certificate of Public Convenience and Necessity filed herein on July 19, 2007, Colgan Air respectfully seeks leave to replace "was received" with "is under review."

Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com



OST-2007-28807 - Certificate of Public Convenience and Necessity
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

August 3, 2007

Clarification of Certificate Applications

On July 19, 2007, Colgan Air, Inc. applied for both interstate and foreign Certificates of Public Convenience and Necessity in the above dockets, respectively. In paragraph 9 and Exhibit 304 of those applications, Colgan stated there was only one pending action or outstanding judgment against it involving an amount in excess of $5,000. It since has come to our attention that Colgan is involved in litigation arising from the hijacked flights on September 11, 2001. Currently, Colgan is one of the defendants to seventeen wrongful death/personal injury and sixteen property damage and business loss claims resulting from the crash of American Airlines Flight 11. Colgan's defense of these claims was assumed by its insurance company, Global Aerospace. Colgan believes any liability arising from these claims will fall within its insurance coverage limits and, in any event, may be required by statute not to exceed its coverage.

In preparing this portion of its certificate applications, Colgan staff believed that because Colgan's insurance company had assumed the defense, disclosure of this matter was not necessary. This explains why this litigation was not included in Colgan's initial applications. Under the circumstances, Colgan does not believe this matter has an impact on its interstate or foreign certificate applications.

Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970



OST-2007-28807 - Certificate of Public Convenience and Necessity
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

October 30, 2007

DOT Request for Additional Information

  1. Pre-Operating Expense Forecast
  2. Current Balance Sheet and Income Statement
  3. Resume for Ms. Mary Finnigan

By: Air Carrier Fitness Division, Damon Walker



OST-2007-28807 - Certificate of Public Convenience and Necessity
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

November 6, 2007

Supplment No. 2 to Applications

  • Pre-Operating expense forecast for the proposed operations (redacted)
  • Balance Sheet and Income Statement as of September 30, 2007
  • Resume of Mary Finnigan, Vice President - Administration

Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com



OST-2007-28807 - Certificate of Public Convenience and Necessity
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

November 20, 2007

Corrected Supplement No. 2

  1. Pre-operating expense forecast for the proposed operations (redacted)
  2. Balance Sheet and Income Statement as of September 30, 2007
  3. Resume of Mary Finnigan, Vice President - Administration

Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com



Order 2007-11-22
OST-2007-28807 - Certificate of Public Convenience and Necessity
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

Issued and Served November 26, 2007

Order Issuing Interstate Certificate Authority | Word

By this order, we find that Colgan Air, Inc. d/b/a Continental Connection d/b/a US Air Express d/b/a United Express is fit, willing, and able to provide interstate and foreign scheduled air transportation of persons, property, and mail, and should be issued certificates of public convenience and necessity authorizing such operations.

We cancel the commuter authority issued to Colgan Air, Inc. d/b/a Continental Connection d/b/a US Airways Express d/b/a United Express by Order 1991-8-37.

Should Colgan Air, Inc. d/b/a Continental Connection d/b/a US Airways Express d/b/a United Express propose to operate more than 15 large aircraft or propose to operate scheduled air transportation independent of its agreement with Continental Airlines, Inc., or similar agreement with another major U.S. air carrier, we direct it to notify the Department in writing at least 45 days prior to the proposed operation and demonstrate its fitness to conduct such operations before their commencement.

By: Andrew Steinberg



Order 2008-1-17
OST-2007-28808 - Certificate of Public Convenience and Necessity - US-Canada

Issued November 26, 2007 | Served January 24, 2008

Order Issuing Foreign Certificate Authority | Word

By Order 2007-11-22, issued November 26, 2007, we found Colgan Air, Inc. d/b/a United Express d/b/a US Airways Express d/b/a Continental Connection fit, willing, and able, to engage in interstate and foreign scheduled air transportation of persons, property, and mail. By that order, we issued a certificate of public convenience and necessity authorizing Colgan to engage in interstate scheduled air transportation.

By this order, we are issuing a companion certificate to Colgan, authorizing it to engage in foreign scheduled air transportation between the United States and Canada. Instead of repeating our findings and conclusions in Order 2007-11-22, we incorporate them here by reference.

By: Andrew Steinberg


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