Decision No. 494-A-1988

December 22, 1988

File No. M4895-E51-4

Executive Air Fleet, Inc. doing business as Jet Aviation Charter Services doing business as Air Core Aviation has applied to the National Transportation Agency, pursuant to the National Transportation Act, 1987, S.C. 1987, c. 34, and in accordance with the Nonscheduled Air Service Agreement between the Government of Canada and the Government of the United States of America signed May 8, 1974, for the service set out in the title.

Under Licence No. 881271, Executive Air Fleet Corporation is authorized to operate a Class 9-4 Charter non-scheduled international service to transport traffic between points in Canada and points in the United States of America, using aircraft not in excess of 35,000 pounds maximum authorized take-off weight on wheels and Grumman Gulfstream II and III, Canadair Challenger CL-600 and CL-601 and Dassault DA-50 aircraft. By Diplomatic Note No. 464 dated October 27, 1988, the carrier's designation has been amended by the Government of the United States of America to read Executive Air Fleet, Inc. doing business as Jet Aviation Charter Services doing business as Air Core Aviation.

Although the Grumman Gulfstream IV and Lockheed L-1329 aircraft are over 35,000 pounds, the passenger capacity of each aircraft is less than 30 passengers which means that they are considered to be small aircraft under the Canada/U.S. Nonscheduled Air Service Agreement.

The Agency has considered the application and, as the pertinent terms and conditions of the Nonscheduled Air Service Agreement have been complied with, the Agency has determined that it is in the public interest to authorize the Licensee to also use Grumman Gulfstream IV and Lockheed L-1329 aircraft under Licence No. 881271.

Condition No. 3 of Licence No. 881271 is hereby amended to read:

3. (a)The Licensee is authorized to use aircraft of 35,000 pounds or less maximum certificated take-off weight.

(b)Notwithstanding Condition No. 3(a) above, the Licensee is authorized to use Grumman Gulfstream II, III and IV, Canadair Challenger CL-600 and CL-601, Lockheed L-1329 and Dassault DA-50 aircraft.

A new document of licence, bearing Licence No. 881271, will be issued to Executive Air Fleet, Inc. doing business as Jet Aviation Charter Services doing business as Air Core Aviation upon the applicant establishing to the satisfaction of the Agency that it meets the requirements set out in subsection 94(1) of the National Transportation Act, 1987.