Order 2011

- 11

- 31
Served: November 28, 2011

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 28 th day of November , 20 11

Applications of

ORANGE AIR, LLC

for certificates of public convenience and necessity under 49 U.S.C. § 41102 to engage in interstate and foreign c harter air transportation of persons, property

, and mail Docket s DOT

- OST

- 20 11

- 0 073 and

DOT

- OST

- 20 11

- 0 074

FINAL ORDER

By Order 2011

- 11

- 11 , issued November 9 , 20 11

, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it and award certificates of public conve nience and necessity to Orange Air, LLC , authorizing it to engage in interstate and foreign

charter air transportation of persons, property

, and mail. Interested persons were given 14 calendar days to file objections to the order.

No objections to the show

- cause order were received.

ACCORDINGLY:

1. We find that Orange Air, LLC

, 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 Orange Air, LLC

, to engage in

interstate charter air transportation of persons, property, and mail in the form and subject to the Terms,
Conditions, and Limitations attached. 1

3. We direct that s hould Orange Air, LLC

, propose to operat e more than one large aircraft, 2 it 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.

1 By this order, we issue only an interstate certificate to Orange Air, LLC. Issuance of a foreign certificate is subject to Presidential review under 49 U.S.C. § 41307 and wil l be handled in a separate order.

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.2

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:

SUSA N 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 operation s (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 C onvenience and Necessity for Interstate 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 thereunde r, and the attached 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 th e Secretary

Issued by Order 2011

- 11

- 31 Susan L. Kurland

On November 28, 2011 Assistant Secretary for Effective (see attached) Aviation and International Affairs2



### Attachment



### Terms, Conditions, and Limitations

ORANGE AIR, LLC

is authorized to engage 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 s ubject 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 effe ctiveness 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 complia nce 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 a ny 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 Departmen t of Transportation may prescribe in the public interest.

( 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.

Gov ernment requirements concerning security , including, but not limited to 49 CFR Part 1544

. ∗

∗ T o 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 Security3

( 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 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.

( 7

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

( 8 ) Should the holder propose any substantial change i n 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.

( 9 ) In the event that the holder does not commence actual flying operations under this certificate within one year of t he 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 w hich 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.

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

PRINCIP AL OPERATIONS INSPECTOR

FEDERAL AVIAT ION ADMINISTRATION

MIAMI CMO 29

2895 SOUTHWEST 145 TH 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 I NFORMATION

DOT/RITA/BTS E

- 34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590