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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Civil Aviation Board Decisions
(12 of 16)
Box: 10
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
822
SUBJECT:
Civil Aeronautics Board Decisions
in Guy-American Airways, Inc.;
Rainbow Air, Inc.; and British
American Air, Inc.
Richard Darman's office has asked for comments by
close of business today on the above-referenced CAB
decisions, which were submitted for Presidential review
as required by § 801 (a) of the Federal Aviation Act of
1958, as amended, 49 U.S.C. $ 1461 (a). Under this section,
the President may disapprove, solely on the basis of foreign
relations or national defense considerations, CAB actions
involving either foreign air carriers or domestic carriers
involved in foreign air transportation. If the President
wishes to disapprove such CAB actions, he must do so within
sixty days of submission (in these cases, by May 14, 20,
and 20 respectively).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and Trans-
portation have not identified any foreign relations or
national defense reasons for disapproval. Since these
orders involve domestic carriers, the proposed letter from
the President to the CAB Chairman prepared by OMB includes
the standard sentence designed to preserve availability of
judicial review.
The Guy-American order revokes that carrier's entire
authority, due to a Department of Transportation emergency
order citing numerous safety violations. The Rainbow Air
order authorizes that carrier to operate a foreign charter
service, and the British American Air order authorizes
service between California and Hawaii, on the one hand, and
Hong Kong and the Benelux countries, on the other. OMB
describes these orders as "routine, noncontroversial
matters."
A memorandum for Darman is attached for your review and
signature.
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING FFF/RAH
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions
in Guy-American Airways, Inc.;
Rainbow Air, Inc.; and British
American Air, Inc.
Our office has reviewed the above-referenced CAB decisions
and related materials, and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation
that the President not disapprove these orders or to the
substance of the letter from the President to the CAB
Chairman prepared by OMB.
FFF:JGR:aea 4/10/84
CC: FFFielding/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
April 10, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions
in Guy-American Airways, Inc.;
Rainbow Air, Inc.; and British
American Air, Inc.
Our office has reviewed the above-referenced CAB decisions
and related materials, and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation
that the President not disapprove these orders or to the
substance of the letter from the President to the CAB
Chairman prepared by OMB.
FFF:JGR:aea 4/10/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 197993 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: CAB Decision Re: Guy- - American
Aieways, Inc. : Rainbow AIR, Inc,
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
CULTOUL
ORIGINATOR 84,04,10
/ /
Referral Note:
CHAT 18
D. 6404,10
584,04,10
Referral Note:
C.OB
/ /
/
/
-
Referral Note:
/ /
/
/
Referral Note:
/ /
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A . Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 197993SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 4/9/84
ACTION/CONCURRENCE/COMMENT DUE BY: 4/10 - c.o.b.
CAB DECISION RE: GUY-AMERICAN AIRWAYS, INC.; RAINBOW AIR, INC.
SUBJECT:
AND BRITISH AMERICAN AIR, INC.
ACTION FYI
ACTION FYI
VICE PRESIDENT
McFARLANE
MEESE
McMANUS
BAKER
MURPHY
DEAVER
OGLESBY
STOCKMAN
ROGERS
DARMAN
P
SS SPEAKES
FELDSTEIN
SVAHN
FIELDING
VERSTANDIG
FULLER
WHITTLESEY
HERRINGTON
HICKEY
JENKINS
REMARKS:
May we have your comments on the attached CAB decision
by c.o.b. tomorrow, April 10. Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
Ext. 2702
OFFICE PRESIDENT STATES 12 UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
APR 9
1984
ACTION
MEMORANDUM FOR:
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
SUBJECT:
Civil Aeronautics Board Decisions:
Guy-American Airways, Inc.
Rainbow Air, Inc.
Docket 42004
Docket 41781
Date due: May 14, 1984
Date due: May 20, 1984
British American Air, Inc.
Docket 41321
Date due: May 20, 1984
You will find attached a memorandum for the President about the
above international aviation cases. The interested executive
agencies have reviewed the Board's decisions and have no
objection to the proposed orders.
These are routine, noncontroversial matters. No foreign policy
or national defense reasons for disapproving the Board's orders
have been identified. I recommend that the President sign the
attached letter to the Chairman which indicates that he does not
intend to disapprove the Board's orders within the 60 days
allowed by statute. Otherwise, the Board's orders become final
on the 61st day.
Original signed by
Constance Hother
Constance Horner
Associate Director
Economics and Government
Attachments:
Memorandum to the President
CAB letters of transmittal
CAB orders
Letter to the Chairman
OFFICE and PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
APR 9
ACTION
MEMORANDUM FOR THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions:
Guy-American Airways, Inc.
Rainbow Air, Inc.
Docket 42004
Docket 41781
Date due: May 14, 1984
Date due: May 20, 1984
British American Air, Inc.
Docket 41321
Date due: May 20, 1984
The Civil Aeronautics Board (CAB) proposes to take the following
actions with regard to the above international aviation cases:
-- Revoke the certificate of authority of Guy-American Airways,
Inc., for routes to certain points in Europe and the Caribbean
and any other operating authority the Board may have issued to
Guy-American. In February 1983, the Department of
Transportation (DOT) issued an emergency order of revocation,
due to numerous safety violations. This Board action is
pursuant to the DOT revocation.
-- Issue a certificate to Rainbow Air, Inc., authorizing it to
engage in foreign charter air transportation.
-- Issue a certificate to British American Air, Inc., authorizing
it to engage in foreign air transportation of persons,
property, and mail. The authority allows the carrier to
provide scheduled foreign air transportation between points in
California and Hawaii, on the one hand, and points in
Hong Kong, the Netherlands, Luxembourg, and Belgium, on the
other hand.
The Departments of State, Defense, Justice, and Transportation
and the National Security Council have not identified any foreign
policy or national defense reasons for disapproving the orders in
whole or in part.
The Office of Management and Budget recommends that you approve
the Board's decisions by signing the attached letter to the
Chairman which indicates that you do not intend to disapprove the
Board's orders within the 60 days allowed by statute for your
2
review. Also, OMB recommends that you state in your letter that
no national defense or foreign policy reason underlies your
actions. This will preserve whatever opportunity is available
under the statute for judicial review.
Original signed by
Constrics
Constance Horner
Associate Director
Economics and Government
Attachments:
CAB letters of transmittal
CAB orders
Letter to the Chairman
Options and Implementation Actions:
( ) 1) Approve the Board's orders and preserve whatever
opportunity is available for judicial review (DOS, DOD,
DOJ, DOT, NSC, OMB).
-- Sign the attached letter to the Chairman.
(
) 2) Approve the Board's orders and do nothing to preserve
whatever opportunity is available for judicial review.
-- Implementation materials to be prepared.
( ) 3) Disapprove the Board's orders.
-- Implementation materials to be prepared.
( ) 4) See me.
THE WHITE HOUSE
WASHINGTON
Dear Mr. Chairman:
I have reviewed the orders proposed by the Civil Aeronautics
Board in the following cases:
Guy-American Airways, Inc.
Rainbow Air, Inc.
Docket 42004
Docket 41781
British American Air, Inc.
Docket 41321
I have decided not to disapprove the Board's orders. No foreign
relations or national defense reason underlies my actions.
Sincerely,
The Honorable Dan McKinnon
Chairman
Civil Aeronautics Board
Washington, D.C. 20428
FOR
OFFICE:-
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 19th day of March, 1984
:
BRITISH AMERICAN AIR INC.
:
Docket 41321
FITNESS INVESTIGATION
:
ORDER DECLINING REVIEW
British American Air, Inc. has applied for a certificate to
engage in scheduled foreign air transportation of persons, property
and mail. 1/ In a Recommended Decision served February 16, 1984,
Chief Administrative Law Judge Elias C. Rodriguez found that British
American is a citizen of the United States and is fit, willing and
able to engage in the air transportation for which it seeks
authority. 2/ In addition, he also finds that British American's
application presents no control or interlocking relationships subject
to the Board's jurisdiction under sections 408 and 409 of the Act,
The applicant and the Bureau of International Aviation have not
filed exceptions to the decision with the Board. As we see no reason
to take review on our own initiative, we will decline review of the
R.D., which is attached as an appendix.
1/ British American asks for authority to provide scheduled foreign
air transportation between Burbank, Los Angeles, Long Beach, Ontario
and San Francisco, California and Honolulu, Hawaii, on the one hand,
and points in Hong Kong; the Netherlands, including Amsterdam;
Luxembourg; and Belgium, including Brussels; on the other hand.
2/ By Order 83-10-67, October 17, 1983, which instituted this
proceeding, we found that the grant of foreign scheduled authority
between a point or points in the United States and a point or points
in the Benelux Countries and Hong Kong was consistent with the public
convenience and necessity.
snf 8/6/05
-2-
ACCORDINGLY:
1. We decline review of the Recommended Decision in Docket 41321;
2. We find that British American Air, Inc. is fit, willing and able to
engage in foreign air transportation of persons, property and mail and to
conform to the provisions of the Act and the rules, regulations and
requirements of the Board;
3. We issue to British American Air, Inc. a certificate of public
convenience and necessity in the form attached;
4. The authority granted here shall become effective five days after the
Board has received from the FAA a copy of the applicant's Air Carrier Operating
Certificate and Operations Specifications 3/; Provided, however, that the Board
may stay the effectiveness of this authority prior to that date;
5. The certificate shall be signed on the Board's behalf by its Secretary,
and shall have the seal of the Board affixed;
6. Except to the extent granted, we deny all other pending motions,
petitions, applications and requests in Docket 41321 insofar as they relate to
British American Air's application for foreign authority; and
7. This order shall become effective on the 61st day after its submission
to the President of the United States, or upon the date of receipt of advice
from the President that he does not intend to disapprove the Board's order
under section 801 (a) of the Act, whichever occurs earlier, unless he
disapproves it under that section.4/
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
Generally speaking, an acceptable FAA safety report consists of (a) a letter
to the Board from the FAA stating that it has issued an Air Carrier Operating
Certificate and Operations Specifications to the carrier and (b) copies of the
carrier's Air Carrier Operating Certificate and Operations Specifications.
When the certificate has become effective, the Board's Secretary will issue a
notice to that effect, with a copy of the certificate, including its effective
date, attached.
4/ This order was transmitted to the President on MAR 2 1 1984
The 61st day is MAY 2 1 1984
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
for Route
BRITISH AMERICAN AIR, INC.
is authorized, subject to the following provisions, the provisions of Title IV
of the Federal Aviation Act of 1958, as amended, and the orders, rules, and
regulations issued under it, to engage in foreign air transportation of persons,
property, and mail as follows:
Between a point or points in the United States, on the one hand, and
a point or points in the Netherlands, Luxembourg, Belgium, and Hong Kong, on the
other hand.
The authority is subject at all times to the following terms, conditions and
limitations:
(1) The holder shall at all times conduct its operations in accordance with
all treaties and agreements between the United States and other countries, and
the exercise of the privileges granted by this certificate is subject to
compliance with such treaties and agreements and with any orders of the Board
issued under them, or for the purpose of requiring compliance with them.
(2) The exercise of the authority granted here is subject to the holder's
first obtaining from the appropriate foreign government such operating rights as
may be necessary.
(3) The holder may continue to serve regularly any point through the
airport it last used regularly to serve that point before the effective date of
this certificate. Upon compliance with such procedures as may be prescribed by
the Board, the holder may, in addition, regularly serve any point it is
authorized to serve through any convenient airport.
British American Air #
Page 2 of 2
(4) The holder's authority to engage in the transportation of mail is
limited to carriage on a nonsubsidy basis, i.e., on a service mail rate to be
paid entirely by the Postmaster General.
The exercise of the privileges granted by this certificate shall be subject
to such other reasonable terms, conditions and limitations that the Board may
from time to time prescribe in the public interest.
This certificate shall be effective on
The Civil Aeronautics Board has directed its Secretary to execute this
certificate and to affix the Board's seal on March 19, 1984.
PHYLLIS T. KAYLOR
Secretary
(SEAL)
FOR OFFICIAL USE ONLY
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 15th day of March, 1984
:
:
RAINBOW AIR, INC. FITNESS INVESTIGATION
:
Docket 41781
:
ORDER ISSUING CERTIFICATE
By Order 84-3-66, adopted March 15, 1984, the Board declined review of
the findings, conclusions and recommendations contained in the Recommended
Decision of Administrative Law Judge John M. Vittone and issued a
certificate to Rainbow Air, Inc. authorizing it to engage in interstate and
overseas charter air transportation.
By this order, we are issuing a companion certificate authorizing
Rainbow to engage in foreign charter air transportation. Instead of
repeating our findings and conclusions in Order 84-3-66 , we incorporate
them here by reference.
ACCORDINGLY:
1. The Board issues a certificate of public convenience and
necessity, in the attached form, authorizing Rainbow Air, Inc., to engage
in foreign charter air transportation;
2. The authority granted here shall become effective five days after
the Board has received from the FAA a copy of the applicant's Air Carrier
Operating Certificate and revised Operations Specifications: Provided,
however, that the Board may stay the effectiveness of this authority prior
to that date.¹/
3. The certificate shall be signed on the Board's behalf by its
Secretary, and shall have the seal of the Board affixed;
4. This order shall become effective on the 61st day after its
submission to the President of the United States, or upon the date of
receipt of advice from the President that he does not intend to disapprove
the Board's order under section 801(a) of the Act, whichever occurs
earlier, unless he disapproves it under that section.2
1/ Generally speaking, an acceptable FAA safety report consists of (a) a
letter to the Board from the FAA stating that it has issued an Air Carrier
Operating Certificate and Operations Specifications to the carrier and (b)
copies of the carrier's Air Carrier Operating Certificate and Operations
Specifications. When the certificate has become effective, the Board's
Secretary will issue a notice to that effect, with a copy of the
certificate, including its effective date, attached.
2/ This order was transmitted to the President on
The 61st day is
END OFFICIAL Her
Ant8/6/05
- 2 -
5. Except to the extent granted here or in Order 84-3-66, the Board
denies all other pending motions, petitions, applications and requests in
Docket 41781.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR CHARTER AIR TRANSPORTATION
RAINBOW AIR, INC.
is authorized, subject to the following provisions, the provisions of Title
IV of the Federal Aviation Act of 1958, as amended, and the orders, rules
and regulations issued thereunder, to engage in foreign charter air
transportation of:
1. Persons, property and mail between any point in any State of
the United States or the District of Columbia or any
territory or possession of the United States and
(a) Any point in Canada;
(b) Any point in Mexico;
(c) Any point in Jamaica, the Bahama Islands, Bermuda, Haiti,
the Dominican Republic, Trinidad, Aruba, the Leeward and
Windward Islands, and any other foreign point located in the
Gulf of Mexico or Carribbean Sea;
(d) Any point in Central America or South America;
(e) Any point in Australasia, Indonesia, and Asia as far west as
longitude 70 degrees east via transpacific routing; and
(f) Any point in Greenland, Iceland, the Azores, Europe, Africa
and Asia as far east as (and including) India.
This authority is subject to the terms, conditions, and limitations
prescribed by the Board's Regulations for charter air transportation, and
to the following additional terms, conditions, and limitations:
(1) The holder shall at all times conduct its operations in
accordance with all treaties and agreements between the
United States and other countries, and the exercise of the
privileges granted by this certificate is subject to
compliance with such treaties and agreements, and with any
orders of the Board issued under them or for the purpose of
requiring compliance with them.
(2) The exercise of the authority granted here is subject to
there first being obtained from the appropriate foreign
governments such operating rights as may be necessary.
Rainbow Air, Inc.
Page 2 of 2 pages
(3) The exercise of the privileges granted by this certificate
is subject to such other reasonable terms, conditions, and
limitations as the Board may prescribe in the public
interest.
This authority shall be effective on
The Civil Aeronautics Board has directed its Secretary to execute this
certificate and to affix the Board's seal on March 15, 1984.
PHYLLIS T. KAYLOR
Secretary
(SEAL)
Order 04-3-00
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 15th day of March, 1984
:
RAINBOW AIR, INC.
:
Docket 41781
FITNESS INVESTIGATION
:
Application of
:
:
RAINBOW AIR, INC.
:
Docket 41884
:
for an exemption pursuant to $416 of :
the Federal Aviation Act as amended
:
:
ORDER DECLINING REVIEW AND DISMISSING EXEMPTION APPLICATION
Rainbow Air, Inc. filed an application for a certificate
authorizing it to engage in interstate, overseas and foreign charter
air transportation of persons, property and mail.1/ This proceeding
was instituted by Order 83-10-112, October 31, 1983, to determine
whether (1) Rainbow is a citizen of the United States, (2) Rainbow is
fit, willing and able to perform the service and (3) Rainbow's
certification presents any control or interlocking relationships under
sections 408 and 409 of the Act which require Board action.
In a Recommended Decision served February 13, 1984,
Administrative Law Judge John M. Vittone found that Rainbow is a
citizen of the United States and that it has established its
fitness.2/
1/ Rainbow asks for authority to provide interstate and overseas
charter air transportation between any point in any state of the
United States or the District of Columbia, or any territory or
possession of the United States and any other point in any state of
the United States or the District of Columbia, or any territory or
possession of the United States. It asks for authority to provide
foreign charter air transportation between any point in any state of
the United States or the District of Columbia, or any United States
territory or possession, on the one hand, and points in (1) Canada,
(2) Mexico, (3) Jamaica, the Bahama Islands, Bermuda, Haiti, the
Dominican Republic, Trinidad, Aruba, the Leeward and Windward Islands,
and any other foreign place located in the Gulf of Mexico or the
Carribbean Sea, (4) Central America and South America, (5)
Australasia, Indonesia, and Asia as far west as longitude 70 degrees
east via transpacific routing and (6) Greenland, Iceland, the Azores,
Europe, Africa and Asia as far east as (and including) India.
2/ Judge Vittone found that the application presents no control or
interlocking relationships within the meaning of sections 408 and 409
of the Act. By Order 83-10-112, we found that the requested foreign
charter authority was consistent with the public convenience and
necessity.
-2-
The applicant and the Bureau of International Aviation have not filed
exceptions to the decision with the Board.3/ As we see no reason to take
review on our own initiative, we will decline review of the R.D., which is
attached as an appendix.
Rainbow's application for an exemption in Docket 41884 has been mooted by
the authority granted here.
ACCORDINGLY:
1. We decline review of the Recommended Decision in Docket 41781;
2. We find that Rainbow Air, Inc. is fit, willing and able to engage in
interstate, overseas and foreign charter air transportation of persons,
property and mail and to conform to the provisions of the Act and the rules,
regulations and requirements of the Board;
3. We issue to Rainbow Air, Inc. a certificate of public convenience and
necessity in the form attached, authorizing it to engage in interstate and
overseas charter air transportation;
4. The authority granted here shall become effective five days after the
Board has received from the FAA a copy of the applicant's Air Carrier Operating
Certificate and Operations Specifications 4/; Provided, however, that the Board
may stay the effectiveness of this authority prior to that date;
5. The certificate shall be signed on the Board's behalf by its Secretary,
and shall have the seal of the Board affixed;
6. Except to the extent granted, we deny all other pending motions,
petitions, applications and requests in Dockets 41884 and 41321 insofar as they
relate to Rainbow's application for interstate and overseas authority;
7. We accept into the record the post-hearing exhibits filed by Rainbow on
March 12, 1984; and
8. We dismiss Rainbow's exemption application in Docket 41884.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
3/ By Order 84-3-32, March 6, 1984, we asked Rainbow to file post-hearing
exhibits providing certain information required by Part 204 which had not been
included with its original application. This information, which was filed by
Rainbow on March 12, supports Judge Vittone's findings.
4/ Generally speaking, an acceptable FAA safety report consists of (a) a letter
to the Board from the FAA stating that it has issued an Air Carrier Operating
Certificate and Operations Specifications to the carrier and (b) copies of the
carrier's Air Carrier Operating Certificate and Operations Specifications.
When the certificate has become effective, the Board's Secretary will issue a
notice to that effect, with a copy of the certificate, including its effective
date, attached.
Issued by Order 84-3-66
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR CHARTER AIR TRANSPORTATION
RAINBOW AIR, INC.
is authorized, subject to the following provisions, the provisions of Title
IV of the Federal Aviation Act of 1958, as amended, and the orders, rules,
and regulations issued under it, to engage in interstate and overseas
charter air transportation (including inclusive tour charters) of persons,
property, and mail:
Between any point in any State of the United States or the
District of Columbia or any territory or possession of the United
States, and any other point in any State of the United States or
the District of Columbia or any territory or possession of the
United States.
This authority is subject to the terms, conditions and limitations
prescribed by the Board's Regulations for charter air transportation and to
the following additional conditions:
(1) The holder is not authorized to engage in air transportation
between points within the State of Alaska.
(2) The holder is not authorized to engage in all-cargo service
as defined in section 101(11) of the Act.
(3) The exercise of the privileges granted by this certificate
is subject to any other reasonable terms, conditions and
limitations that the Board may from time to time prescribe in the
public interest.
This certificate shall be effective on
The Civil Aeronautics Board has directed its Secretary to execute this
certificate and to affix the Board's seal on March 15, 1984,
PHYLLIS T. KAYLOR
Secretary
(SEAL)
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 9th day of March, 1984
Continuing Fitness Determination of
:
:
GUY-AMERICA AIRWAYS, INC.
:
:
Docket 42004
pursuant to section 401(r) of the
:
Federal Aviation Act of 1958, as
:
amended
:
ORDER
By Order 84-2-81, adopted February 17, 1984, we directed
interested persons to show cause why we should not (1) find that
Guy-America Airways, Inc. has failed to comply with the requirement
that it continue to be fit, willing and able to provide the service
for which it currently holds authority and (2) revoke that authority.
The order directed persons objecting to our tentative findings
and conclusions set forth in that order to file their objections
within 15 days. In addition, the order provided that, in the event no
objections were filed, all further procedural steps would be deemed
waived and the Secretary would enter an order which would (1) make
final our tentative findings and conclusions and (2) revoke all
authority which we have granted Guy-America.
No objections to Order 84-2-81 have been filed.
ACCORDINGLY:
1. We make final our tentative findings and conclusions set forth
in Order 84-2-81;
2. We revoke Guy-America's certificate for Route 290 and any
other operating authority we may have issued to Guy-America; and
3. Unless disapproved by the President of the United States under
section 801 of the Act, this order shall become effective on the 61st
day after submission to the President or upon the date of receipt of
advice from the President that he does not intend to disapprove the
Board's order under that section, whichever occurs earlier.1/
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
1/ This order was transmitted to the President on
and 5/6/05
Order 84-2-81
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 17th day of February, 1984
Continuing Fitness Determination of
:
:
GUY-AMERICA AIRWAYS, INC.
:
Docket 42004
:
pursuant to section 401(r) of the
:
Federal Aviation Act of 1958, as
:
amended
:
ORDER TO SHOW CAUSE
Section 401(r) of the Federal Aviation Act directs that the
requirement that each applicant for a certificate must be found to be
fit shall be a continuing requirement applicable to each such air
carrier with respect to the transportation we authorize it to
perform. Section 401(r) further provides that we shall modify,
suspend or revoke such certificate or other authority for failure of
an air carrier to comply with the continuing requirement that the air
carrier be fit, willing and able, or for failure to file such reports
as we deem necessary to determine whether the air carrier is fit.
By Order 83-3-19, March 3, 1983, we instituted the Guy-America
Airways, Inc., Fitness Investigation to determine whether Guy-America
continues to be fit, willing and able to perform the air
transportation for which it currently holds authority and whether it
is fit, willing and able to perform other air transportation for which
it sought authority. Our instituting order noted that the Federal
Aviation Administration had, on February 16, 1983, issued an emergency
order of revocation to Guy-America, citing the carrier with violations
of 20 sections of the Federal Aviation Regulations during the period
June 1981 through February 1983.
1/ On February 18, 1983, the FAA amended its emergency revocation to
hold in abeyance the total revocation imposed by the emergency order
and to specify limitations, requirements and penalties imposed on
Guy-America. On March 25, 1983, the FAA issued an amended order
reinstating the emergency revocation.
- 3 -
ACCORDINGLY:
1. We direct all interested persons to show cause why we should
not issue an order (1) finding that Guy-America Airways, Inc. is not
fit, willing and able under section 401(d) of the Federal Aviation Act
to provide the service for which it holds authority and (2) revoking
that authority;
2. We direct all interested persons having objections to the
issuance of an order making final the proposed finding that
Guy-America is unfit and revoking its authority to file such
objections with the Docket Section, Civil Aeronautics Board, 1825
Connecticut Avenue, N.W., Washington, D.C. 20428, and serve them on
all persons listed in Attachment A to this order no later than
March 8, 1984; answers to objections will be due on March 19,
1984;
3. We will accord full consideration to the matters and issues
raised in any timely and properly filed objections before we take
further action; 3/
4. In the event no one files an objection, we will deem all
further procedural steps waived, and the Secretary will enter an order
making final the tentative findings and conclusions set forth here;
5. We will publish a notice of this order in the Federal
Register.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
3/ Since we have provided for the filing of objections to this order,
we will not entertain petitions for reconsideration.
- 4 -
Order 84-2-81
Attachment A
GUY-AMERICA SERVICE LIST
New York State
Department of Transpotation
Aviation Bureau
1220 Washington Avenue
Albany, N.Y. 12232
Puerto Rico Ports Authority
Aviation Department
Puerto Rico Int'l. Airport
GPO Box 2829
San Juan, P.R. 00936
Guy-America Airways, Inc.
118-27 Queens Blvd.
Forest Hills, NY 11375
Mr. Rick Cremer, AFO-220
Air Carrier Branch
Federal Aviation Administration
800 Independence Avenue, S.W.
Washington, D.C. 20591
Issac J. Dornfield
General Manager
The Port Authority of New York
and New Jersey
JFK International Airport
Jamaica, NY 11430
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS
JOR
SUBJECT:
Civil Aeronautics Board Decisions
in Denham Aircraft Services; Airmark
Corporation; New Gateways to Brazil Case
This memorandum is addressed to Mr. Hauser because of the
involvement of Eastern Air Lines, Inc., in one of the
subject decisions.
Richard Darman's office has asked for comments by close of
business today on the above-referenced CAB decisions, which
were submitted for Presidential review as required by
§ 801 (a) of the Federal Aviation Act of 1958, as amended,
49 U.S.C. $ 1461 (a). Under this section, the President may
disapprove, solely on the basis of foreign relations or
national defense considerations, CAB actions involving
either foreign air carriers or domestic carriers involved in
foreign air transportation. If the President wishes to
disapprove such CAB actions, he must do so within sixty days
of submission (in these cases, by June 18, 30, and July 6
respectively).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and Transpor-
tation have not identified any foreign relations or national
defense reasons for disapproval. Since these orders involve
domestic carriers, the proposed letter from the President to
the CAB Chairman prepared by OMB includes the standard
sentence designed to preserve availability of judicial
review.
In the Denham case, the CAB, over the dissent of Chairman
McKinnon, overruled the decision of the Administrative Law
Judge that Denham was not managerially and economically fit
to engage in foreign charter service. In the Airmark case
the Board issued a foreign charter certificate to that
carrier. Finally, in the Brazilian route case, the Board
suspended American's authority over certain Brazilian
- 2 -
routes, activated Capitol's back-up authority, and rejected
applications for such authority from Arrow and Eastern. OMB
describes these orders as "routine, noncontroversial matters." "
A memorandum for Darman is attached for your review and
signature. The memorandum notes that Mr. Fielding did not
participate in the review of this matter.
Attachment
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER \s\
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions
in Denham Aircraft Services; Airmark
Corporation; New Gateways to Brazil Case
Our office has reviewed the above-referenced CAB decisions
and related materials, and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. $ 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
Mr. Fielding did not participate in the review of this
matter.
RAH:JGR:aea 5/29/84
CC: RAHauser/JGRoberts/Subj/Chron
THE WHITE HOUSE
WASHINGTON
May 29, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
RICHARD A. HAUSER
DEPUTY COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions
in Denham Aircraft Services; Airmark
Corporation; New Gateways to Brazil Case
Our office has reviewed the above-referenced CAB decisions
and related materials, and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
Mr. Fielding did not participate in the review of this
matter.
RAH:JGR:aea 5/29/84
CC: RAHauser/JGRoberts/Subj/Chron
ID #. 204694 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H # INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: CAB Decision Re Denham Aircraft
Services Airmark Corporation; New Gateways
to Brazil Case
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
Cutton
ORIGINATOR 84/05/25
/
/
Referral Note:
CUAT 18
D. 8405,25
58405,29
Referral Note:
/ /
/
/
I
Referral Note:
/
/
/
/
-
Referral Note:
/ /
/
/
I
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R. - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S For Signature
F * Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 204694SS
WHITE HOUSE STAFFING MEMORANDUM
DATE: 5/25/84
ACTION/CONCURRENCE/COMMENT DUE BY:
5/29/84
CAB DECISION RE DENHAM AIRCRAFT SERVICES; AIRMARK CORPORATION;
SUBJECT:
NEW GATEWAYS TO BRAZIL CASE
ACTION FYI
ACTION FYI
VICE PRESIDENT
McMANUS
MEESE
MURPHY
BAKER
OGLESBY
DEAVER
ROGERS
STOCKMAN
SPEAKES
DARMAN
P
85 SVAHN
X
FELDSTEIN
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
REMARKS:
May we have your comments by close of business May 29. Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 MAY 25 PM 2: 48
Ext. 2702
UNITED
OFFICE OF management AND BUDGET
SECUTIVE
STATES
WASHINGTON, D.C. 20503
MAY 25 1984
ACTION
MEMORANDUM FOR:
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
SUBJECT:
Civil Aeronautics Board Decisions:
Denham Aircraft Services
Airmark Corporation
Corp. II
Fitness Investigation
Fitness Investigation
Docket 41919
Docket 41441
Date due: June 30, 1984
Date due: June 18, 1984
New Gateways to Brazil Case
Docket 39251
Date due: July 6, 1984
Attached is a memorandum for the President about the
above international aviation cases. The interested executive
agencies have reviewed the Board's decisions and have no
objection to the proposed orders.
These cases are routine, noncontroversial matters. No foreign
policy or national defense reasons for disapproving the Board's
orders have been identified. I recommend that the President sign
the attached letter to the Chairman which indicates that he does
not intend to disapprove the Board's orders within the 60 days
allowed by statute. Otherwise, the Board's orders become final
on the 61st day.
Original signed by
Constance Horner
Constance Horner
Associate Director
Economics and Government
Attachments:
Memorandum to the President
CAB letters of transmittal
CAB orders
Letter to the Chairman
snf
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D. C.
on the 18th day of April, 1984
DENHAM AIRCRAFT SERVICES CORP. II
:
FITNESS INVESTIGATION
:
Docket 41441
ORDER
Denham Aircraft Services Corp. II applied for a certificate
authorizing it to engage in foreign charter air transportation of
persons, property and mail. 1/
We instituted this investigation by Order 83-8-54, August 12,
1983, to determine whether (1) Denham is a citizen of the United
States, (2) Denham is fit, willing and able to perform the service and
(3) Denham's certification presents any control or interlocking
relationships under sections 408 and 409 of the Act which require
Board action.
In a Recommended Decision served January 11, 1984, Administrative
Law Judge John M. Vittone found that Denham is a citizen of the United
States, but that it has not established its fitness. He also found
that its application presents no control or interlocking relationships
within the meaning of sections 408 and 409 of the Act SO long as
Denham Electronics and Accessories, a fixed-base aeronautics business
owned by the same individuals who own the applicant, remains a dormant
corporation.
1/ Denham is located in Miami and initially intends to operate
passenger charter flights from the East Coast of the United States to
England, France, Germany, and Switzerland about twice a week using one
DC-8 aircraft. Recommended Decision, p. 4. Denham's application also
includes a request for overseas charter authority. This appears to be
inadvertent since Denham does not propose to provide any overseas
charter authority. Moreover, section 201.4(b) of our regulations
prohibits the inclusion of requests for overseas authority in an
application for foreign authority. We shall therefore treat Denham's
application as requesting only the foreign charter authority for which
it has properly applied and upon which it has based its case. If
Denham desires overseas or interstate charter authority, it is free to
submit a separate application for it.
smp 8/6/05
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 26th day of April, 1984
:
AIRMARK CORPORATION
:
FITNESS INVESTIGATION
:
Docket 41919
:
:
APPLICATIONS OF
:
AIRMARK CORPORATION
:
Dockets 41741, 41742
:
ORDER ISSUING CERTIFICATE
By Order 84-4-95, adopted April 26, 1984, the Board declined
review of the Recommended Decision of Administrative Law Judge Ronnie
A. Yoder, and issued a certificate to Airmark Corporation, authorizing
it to engage in interstate and overseas charter air transportation
pursuant to section 401 of the Act.
By this order, we are issuing a companion certificate authorizing
Airmark to engage in foreign charter air transportation. Instead of
repeating our findings and conclusions in Order 84-4-95, we
incorporate them here by reference.
ACCORDINGLY:
1. The Board issues a certificate of public convenience and
necessity, in the attached form, authorizing Airmark Corporation to
engage in foreign charter air transportation;
2. The authority granted here shall become effective five days
after the Board has received from the FAA a copy of the applicant's
Air Carrier Operating Certificate and revised Operations
Specifications: Provided, however, that the Board may stay the
effectiveness of this authority prior to that date;
3. The certificate shall be signed on the Board's behalf by its
Secretary, and shall have the seal of the Board affixed;
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 20th day of April, 1984
NEW GATEWAYS TO BRAZIL CASE
:
Docket 39251
Application of
:
:
ARROW AIR, INC.
:
Docket 41769
:
for a certificate of public
:
convenience and necessity pursuant:
to section 401 of the Federal
:
Aviation Act of 1958, as amended
:
(Miami-San Juan Brazil/Argentina) :
Application of
:
:
EASTERN AIR LINES, INC.
:
Docket 41721
:
for amendment of its certificate
:
of public convenience and
:
necessity for Route 131 (Miami-
:
San Juan-Panama City-Brazil)
:
FINAL ORDER
By Order 84-3-118, we tentatively found and concluded that the
certificate authority of American Airlines, Inc. (American) to serve
Dallas/Ft. Worth, Texas-Rio de Janeiro/Sao Paulo, Brazil should be
suspended, that Capitol Air's (Capitol) back-up certificate authority to
serve San Juan, Puerto Rico-Brasilia/Rio de Janeiro, Brazil should be
activated, and that the certificate applications of Arrow Air, Inc. (Arrow)
in Docket 41769 and Eastern Air Lines, Inc. (Eastern) in Docket 41721 to
serve Brazil should be dismissed. We directed all interested persons to
show cause why we should not issue an order making final our tentative
findings and conclusions. Objections to our tentative decisions were due
on April 5, 1984, and answers to objections were due on April 10, 1984.