Order 2011-11-31

Served: November 28, 2011 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

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

Applications of

 ORANGE AIR, LLC

for certificates of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in interstate and 

foreign charter air transportation of persons, 

property, and mail

 Dockets DOT-OST-2011-0073 and 

 DOT-OST-2011-0074

FINAL ORDER

By Order 2011-11-11, issued November 9, 2011, 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 convenience 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 should Orange Air, LLC, propose to operate 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 will 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: 

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, 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 

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 thereunder, 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 the Secretary

Issued by Order 2011-11-31 Susan L. Kurland

On November 28, 2011 Assistant Secretary for 

Effective (see attached) Aviation and International Affairs 
2

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 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'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.

∗

 ∗

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 
3

(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 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.

(9) 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.

 

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