Order 2012-1-31

Served: January 31, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 28th day of November, 2011

Application of

 ORANGE AIR, LLC

for a certificate of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in foreign charter

air transportation of persons, property, and mail

 Docket DOT-OST-2011-0074

 

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2011-11-31, issued November 28, 2011, we found Orange Air, LLC (“Orange Air”), 

fit, willing, and able to engage in interstate and foreign charter air transportation of persons, 

property, and mail. Further, by that order, we issued a section 41102 certificate authorizing 

Orange Air to engage in interstate charter air transportation of persons, property, and mail. 

By this order, we are issuing a companion certificate authorizing Orange Air to engage in foreign 

charter air transportation of persons, property, and mail. Instead of repeating our findings and 

conclusions in Order 2011-11-31, we incorporate them here by reference. 

ACCORDINGLY:

1. We issue a certificate of public convenience and necessity to Orange Air, LLC to engage in 

foreign charter air transportation of persons, property, and mail in the form and subject to the 

Terms, Conditions, and Limitations attached. 

2. Unless disapproved by the President of the United States under section 41307 of the 

Transportation Code, this order shall become effective on the 61st day after its submission for 

section 41307 review or upon the date of receipt of advice from the President or his designee 

under Executive Order 12597 and implementing regulations that he or she does not intend to 

disapprove the Department's order under that section, whichever occurs earlier.1

 

 1

This order was submitted for section 41307 review on November 28, 2011. The 61st day is January 30, 2012. 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

3. We direct that should Orange Air, LLC wish to operate more than one large aircraft,2it must 

first 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. 

4. We direct Orange Air, LLC to submit to the Air Carrier Fitness Division a first year progress 

report within 45 days following the end of its first year of certificated operations.3

 

5. We will serve a copy of this order on the persons listed in Attachment A to this order. 

By: 

SUSAN L. KURLAND

Assistant Secretary

for Aviation and International Affairs

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 2

A “large” aircraft is defined as any aircraft with an original design capacity of more than 60 passenger seats or 

18,000 pounds payload.

3

The report shall include a description of the air carrier’s current operations (number and type of aircraft, 

principal markets served, total number of full-time and part-time employees), a summary of how these operations 

have changed during the year, a discussion of any changes it anticipates from its current operations during its second 

year, current financial statements, and a listing of current senior management and key technical personnel. The air 

carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and future 

operations.
Certificate of Public Convenience and Necessity for

Foreign Charter Air Transportation

This Certifies That

ORANGE AIR, LLC

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United 

States Code, the orders, rules, and regulations issued thereunder, and the 

attached Terms, Conditions, and Limitations, to engage in foreign charter air 

transportation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of 

Transportation.

 

 

 By Direction of the Secretary

Issued by Order 2012-1-31 Susan L. Kurland

On November 28, 2011 Assistant Secretary for 

Effective on (see attached) Aviation and International Affairs 
Attachment

Terms, Conditions, and Limitations

ORANGE AIR, LLC

is authorized to engage in foreign charter air transportation of persons, property, and mail: 

Between any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

(1) The authority to operate under this certificate will not become effective until six 

(business) days after the Department has received the following documents; provided, however, 

that the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications 

authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insurance

coverage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key 

personnel, operating plans, financial posture, or compliance history, since the date of the 

Show Cause Order in this case.

(d) A revised list of pre-operating expenses already paid and those remaining to be 

paid, as well as independent verification that the holder has available to it funds 

sufficient to cover any remaining pre-operating expenses and to provide a working 

capital reserve equal to the operating costs that would be incurred in three months of 

operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind 

(i.e., cash, check, or credit card), or enter into contracts for the operations proposed under this 

certificate, and any advertisement by the holder must prominently state: "This service is subject 

to receipt of government operating authority." 

(3) The holder shall at all times conduct its operations in accordance with the regulations 

prescribed by the Department of Transportation for the services authorized by this certificate, 

and with such other reasonable terms, conditions, and limitations as the Department of 

Transportation may prescribe in the public interest.

(4) 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 
2

granted by this certificate is subject to compliance with such treaties and agreements and with 

any orders of the Department of Transportation issued under them or for the purpose of 

requiring compliance with them.

(5) The exercise of the authority granted here is subject to the holder's first obtaining from 

the appropriate foreign governments such operating rights as may be necessary.

(6) The holder's authority under this certificate is effective only to the extent that such 

operations are also authorized by the Federal Aviation Administration (FAA), and comply with 

all U.S. Government requirements concerning security, including, but not limited to 49 CFR Part 

1544.

∗

(7) The holder shall at all times remain a "Citizen of the United States" as required by 49 

U.S.C. 40102(a)(15).

(8) The holder shall maintain in effect liability insurance coverage as required under 14 

CFR Part 205. Failure to maintain such insurance coverage will render a certificate ineffective, 

and this or other failure to comply with the provisions of Subtitle VII of Title 49 of the United 

States Code or the Department's regulations shall be sufficient grounds to revoke this certificate.

(9) Should the holder propose any substantial change in its ownership, management, or 

operations (as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 

204.5.

(10) In the event that the holder does not commence actual flying operations under this 

certificate within one year of the date of the Department's determination of its fitness, its 

authority shall be revoked for dormancy, unless the holder is conducting operations under 

another type of certificate authority. Further, in the event that the holder commences operations 

for which it was found "fit, willing, and able" and subsequently ceases all such operations, its 

authority under all certificates held shall be suspended under the terms of 14 CFR 204.7 and the 

holder may neither recommence nor advertise such operations unless its fitness to do so has 

been redetermined by the Department. Moreover, if the holder does not resume operations 

within one year of its cessation, its authority shall be revoked for dormancy.

 ∗

To assure compliance with all applicable U.S. Government requirements concerning security, the 

holder shall, before commencing any new service (including charter flights) to or from a foreign airport, 

contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the 

Transportation Security Administration has determined that security is adequate to allow such airport(s) 

to be served.
Attachment A

SERVICE LIST FOR ORANGE AIR, LLC

MR JOHN R MIETUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BLVD

BETHESDA MD 20817-7500 

MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR ROBERT E TALMADGE

PRINCIPAL OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

MIAMI CMO 29

2895 SOUTHWEST 145TH AVENUE 

MIRAMAR FL 33027

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MS ANNE SUISSA RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590