Decision No. 74-A-1989

February 9, 1989

File No. 2-S736-1A

Skybird Aviation, Inc. (hereinafter the applicant) 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, to operate the service set out in the title.

Under Licence No. 881560, the applicant 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 of 35,000 pounds or less maximum certificated take-off weight and Grumman Gulfstream G-1159 aircraft.

Although the Grumman Gulfstream IV aircraft is over 35,000 pounds, the passenger capacity of this aircraft is less than 30 passengers which means that it is considered to be a 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 aircraft under Licence No. 881560.

Condition No. 3 of Licence No. 881560 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 G-1159 and Grumman Gulfstream IV aircraft.

A new document licence, bearing Licence No. 881560, will be issued to Skybird Aviation, Inc. 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.