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U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

December 6, 2013 

Mr. John R. Mietus, Jr. 

Counsel for Orange Air, Inc. 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

Dear Mr. Mietus: 

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1200 New Jersey Avenue, SE 

Washington, DC 20590 

This letter references your November 22, 2013, request submitted to the Department on 

behalf of Orange Air, Inc. ("Orange Air"), for a waiver from the dormancy provisions of 

§204.7(a) of Title 14, Code of Federal Regulations. That section provides that-

"an air carrier that has not commenced any type of air transportation 

operations for which it was found fit, willing, and able within one year of 

the date of that finding, or an air carrier that, for any period of one year after 

the date of such a finding, has not provided any type of air transportation for 

which that kind of finding is required, is deemed no longer to continue to be 

fit to provide the air transportation for which it was found fit and, 

accordingly, its authority to provide such air transportation shall be 

revoked." 

As you are aware, by Order 2011-11-31, issued November 28, 2011, the Department found 

Orange Air fit to engage in interstate and foreign charter passenger operations. The 

effectiveness of the air carrier's authority was conditioned upon Orange Air fulfilling a 

number of conditions, including providing us with a copy of its Air Carrier Certificate and 

Operations Specifications issued by the Federal Aviation Administration ("FAA") 

authorizing such operations. Order 2011-11-31 gave Orange Air until November 28, 2012, 

to make its authority effective, otherwise, the air carrier would be subject to the revocation 

for dormancy provisions of §204.7(a). Subsequently, on November 27, 2012, 

March 29, 2013, and July 31, 2013, the Department granted Orange Air waivers from the 

dormancy provisions, giving the air carrier additional time to commence operations, with 

the most recent waiver expiring on November 30, 2013. 

In your November 22, letter, you indicate that Orange Air continues to work closely with 

the FAA, and the air carrier is in its final stages of the FAA certification process. However, 

you state that the air carrier is unable to commence operations by November 30, 2013, due 

to the October 2013 government shutdown and FAA delays caused by limited agency 
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resources. Therefore, Orange Air requests that the Department grant the air carrier a 

waiver from §204.7(a) until February 28, 2014, to commence operations. 

In light of the circumstances described above, we find it appropriate to grant Orange Air's 

request for an extension. Thus, this letter follows our November 27, 2013, communication 

with you confirming our grant of such an extension request. We grant Orange Air a waiver 

from §204.7(a). This waiver will expire on February 28, 2014. 

If you have any questions regarding this matter, please feel free to contact me 

at (202) 366-9721. 

f Laul(al 

Chief; Air Carrier Fitness Division 

cc: Dockets DOT-OST-2011-0073 and DOT-OST-2011-0074 

Mr. Jeffrey Hipps 

Mr. Charley Beers 

FAA Orlando CM0-29 

5950 Hazeltine National Dr. 

Orlando, FL 32822