Order 2015

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Served: April 21, 2015

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 21 st day of April, 2015

Applications of

JET AVIATION FLIGHT SERVICES, INC.

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 Dockets DOT

- OST

- 2014

- 0097 and

DOT

- OST

- 2014

- 0098

FINAL ORDER

ISSUING INTERSTATE CERTIFICATE

By Order 2015

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- 18 , issued March 27, 2015

, 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 ne cessity to Jet Aviation Flight Services, Inc. (“JAFS”) , au thorizing 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 obj ections to the show

- cause order were received. Thus, b y this order, we find JAFS fit, willing, and able to engage in interstate charter air transportation of persons, property, and mail, and issu e a certificate authorizing JAFS to engage in such operation s

. 1

ACCORDINGLY:

1. We find that Jet Aviation Flight Services, Inc. , is fit, willing, and able to engage in interstate

charter air transportation of persons, property

, and mail.

2. We issue a certificate of public convenience and necessity to Jet Aviation Flight Services, Inc.

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

3. We direct that s hould Jet Aviation Flight Services, Inc.

, pr opose 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 Jet Aviation Flight Services, Inc . Issuance of a foreign certificate is subject to Presidential review under 49 U.S.C. § 41307 and will be han dled 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 more than 18,000 pounds payload.2

4. We direct Jet Aviation F light Services, Inc.

, 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 operati ons (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 it s 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



## JET AVIATION FLIGHT SERVICES, INC.

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 th e Department of Transportation.

By Direction of the Secretary

Issued by Order 2015

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- 19 Susan L. Kurland

On April 21, 2015 Assistant Secretary for Effective (see attached) Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitations

JET AVIATI ON FLIGHT SERVICES, INC.

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

, howeve r , 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,

operat ing 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 ava ilable 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

governmen t 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, cond itions, 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 Administra tion (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 Inspector (PSI) to advi se 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.2

( 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 h older 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 Ti tle 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 und er 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 th at 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 recommen ce 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.Attachment A

SERVI CE LIST FOR JET AVIATION FLIGHT SERVICES, INC.

MS VALERI FATTOROSS

SALES CONTRACT ADMINISTRATOR

JET AVIATION FLIGHT SERVICES INC

112 CHARLES LINDBERGH DRIVE

TETERBORO NJ 07608 MR MARK MAZOR

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR CHIP NOTTINGHAM

PRINCIPAL

CHARLES D NOTTINGHAM PLLC

1701 PENNSYLVANIA AVENUE NW

SUITE 300

WASHINGTON DC 20006 MR PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MR DAVID C AGEE

MS AMANDA E TUMMONS

HUSCH BLACKWELL LLP

901 ST LOUIS STREET

SUITE 1800

SPRINGFIELD MO 65806 OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR. MARLAN PERHUS

PRINCIPAL OPERAT IONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION MS. KATHERINE TATUM

AIR TRANSPORTATION DIVISION /AFS

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FEDERAL AVIATION ADMINISTRATION