Order No. 2004-A-62
February 5, 2004
File No. M4211/F161-2
Airborne, Inc. carrying on business as FirstFlight Management, LLC (hereinafter FirstFlight Management, LLC) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the exemption set out in the title. The application was received on January 27, 2004.
Under Licence No. 967317, FirstFlight Management, LLC is authorized to operate a non-scheduled international service to transport traffic on a charter basis between points in the United States of America and points in Canada.
Section 103.3 of the Air Transportation Regulations (hereinafter the ATR) states that:
An air carrier that operates a TUSC or series of TUSCs with aircraft having an MCTOW greater than 35,000 pounds (15,900 kg) shall notify the Agency in writing not less than 48 hours before the date and time of the arrival in Canada of the charter or, in the case of a series of charters, the date of the first of those charters, by providing the following information:
(a) the name or the charter category of the charter under the rules and regulations of the United States;
(b) the name, address and telephone and facsimile numbers of each charterer;
(c) every airport of enplanement or point of departure and every airport of deplanement or point of destination of the charter, including each airport proposed to be used by the air carrier;
(d) the dates and times of arrival and departure of each charter; and
(e) the aircraft type and, where applicable, the passenger seating capacity and the nature, quantity and total weight of goods to be carried for each charterer on each charter.
The Agency has reviewed FirstFlight Management, LLC's request and the specialized nature of operations provided by FirstFlight Management, LLC with Gulfstream II, Gulfstream IV and Gulfstream V aircraft. The Agency is of the opinion that, in the present circumstances, compliance by FirstFlight Management, LLC with the application of section 103.3 of the ATR, in respect of the use of Gulfstream II, Gulfstream IV and Gulfstream V aircraft for U.S. transborder flights, is impractical.
The Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, hereby exempts FirstFlight Management, LLC from the application of section 103.3 of the ATR in respect of the use of Gulfstream II, Gulfstream IV and Gulfstream V aircraft for U.S. transborder flights for a period of one year from the date of this Order.
The exemption granted herein is subject to FirstFlight Management, LLC complying with the filing requirements of the Agency as set out below and the requirements of other government departments, including Transport Canada and the Canada Customs and Revenue Agency. All other charter flights must be applied for in the normal manner as outlined in the ATR.
All other charter flights must be applied for in the normal manner as outlined in the ATR.
FirstFlight Management, LLC is reminded that statistics concerning all charter flights must be filed on a monthly basis with the Aviation Statistics Centre, Ottawa, Ontario, K1A 0T6, within 30 days of the end of each month.
In addition to the above mentioned statistics, FirstFlight Management, LLC is to provide the Agency, within thirty (30) days from the end of each month, with the following details for each flight operated under this authority:
- origin and destination, date(s) of operation, number of passengers carried, aircraft utilized.
- where no flights were operated, a nil report must be filed.
Any application for an extension should be filed with the Agency in writing at least thirty (30) days prior to the termination date of these exemptions. The application should include a copy of FirstFlight Management, LLC's certificate of insurance, if not already on file, and any information pertaining to changes in the corporate structure and/or equipment, i.e., Canadian aviation document change, aircraft type, name change, etc.
FirstFlight Management, LLC is required to contact Transport Canada or the local airport authority regarding permission to operate at specific times, for use of any airport facility and for compliance with the security requirements of Transport Canada. With respect to the availability of clearance services, FirstFlight Management, LLC shall contact the Canada Customs and Revenue Agency.
FirstFlight Management, LLC must comply with all other applicable requirements of legislative acts or regulations, including those of Transport Canada.
Where the Agency determines that FirstFlight Management, LLC has not complied with the conditions set out in this Order, the Agency may take the measures it deems appropriate pursuant to section 103.5 of the ATR.