Order 2012

- 1

- 35 Served: January 31, 2012

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O N UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31 st day of January, 2012

Applications of

UNIVERSAL JET AVIATION, INC

.

for certificate s of publ ic convenience and necessity

under 49 U.S.C. 41102 to engage in interstate and foreign charter air transportation of persons, property,

and mail Docket s DOT

- OST

- 2011

- 0150

and

DOT

- OST

- 2011

- 0151

FINAL OR DER

By O rder 2012

- 1

- 11

, issued January 13 , 2012

, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it an d award

certificate s of public convenience and necessity to Universal Jet Aviation

, Inc., authorizing it to engage in interstate and foreign charter air transportation of persons, property, and mail using one large aircraft

. 1

Interested persons were given 14 days to file objections to the order.

No objections to the show cause order were received.

ACCORDINGLY,

1. We find that Universal Jet Aviation, Inc.

, is fit, willing, and able to engage in interstate and foreign charter air transportation of persons, property, and mail.

2. We issue a certificate of public convenience and necessity to Univer sal Jet Aviation, Inc., to engage in interstate air transportation in the form and subject to the Terms, Conditions, and

Limitations attached. 2

1 A “large” aircraft is any aircraft orig inally designed to have a maximum passenger capacity of more than 60 seats or a payload of more than 18,000 pounds.

2 By this order, we issue only the inters tate charter certificate to Universal Jet Aviation, Inc . Issuance of a foreign charter certificate to the company is subject to Presidential review under 49 U.S.C. 41307 and will be handled in a separate order.2

3

. We direct that s hould Universal Jet Aviation, Inc., propose to conduct operations with more

than one large aircraft

, it must first notify the Department in writing at least 45 days prior to the proposed change in operations and demonstrate its fitness to conduct such operations before their

commencement.

4

. We direct Universal Jet Aviation, Inc., to submit to the Air C arrier 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.

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

3 The report shall include a description of the air carrier’s current operations (number and type of aircraft, principal markets served, to tal 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.

# Certificate of Public Convenience and Necessity for

Interstate Charter Air Transportation

This Certifies That



# Universal Jet Aviation, Inc.

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States Code, the orders, rules, and regulations issued thereunder, and the attach ed Terms, Conditions, and Limitations, to engage in interstate 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

- 35 Susan L. Kurland

On January 31, 2012 Assistant Secretary Effective on (see attached) for Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitations

Universal Jet Aviation, Inc.

is authorized to eng age in interstate charter air transportation of persons, property and mail between any point in any State, territory, or possession of the United States or the District of Columbia, and any other point in any of those entities.

This authority is subject t o 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 effectivenes s 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 64 10 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 hist ory, 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 remai ning 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), issue tickets for the operations proposed under this certificate, or enter into contracts with charter operators, and any advertisement by the holder must prominently state: "This service is subject to receipt of government operatin g 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, an d limitations as the Department of Transportation may prescribe in the public interest.2

(4) 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. ∗

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

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

(6) The holder sha ll 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 C ode or the Department's regulations shall be sufficient grounds to revoke this certificate.

(7) The holder is not authorized to engage in air transportation operations between points within the State of Alaska.

(8) Should the holder p ropose any substantial changes in its ownership, management, or operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(9) In the event that the holder does not commence actual flying operation s 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 eve nt 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 rec ommence 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 UNIVERSAL JET AVIATION

, INC.

MICHAEL MCCAULEY

PRESIDENT
UNIVERSAL JET AVIATION, INC

3700 AIRPORT ROAD

SUITE 204

BOCA RATON FL 33431 OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

- 36

1200 NEW JERSEY AVE SE

WASH INGTON DC 20590

LORRAINE HALLOWAY

GERALD MURHPY

CROWELL & MORING LLP

1001 PENNSYLVANIA AVE NW

WASHINGTON DC 20004 JERRY PROENZA

ED DASILVA

FAA

SOUTH FLORIDA FSDO

2895 SW 145 TH AVENUE SUITE 120

MIRAMAR FL 33027

WILLIAM J WEBER

CERTIFICATION SECTION MANA GER

FAA AFS

- 900
45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166

PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591