Order 2012

- 4

- 2

Served: April 3, 2012

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

Issued by the Department of Transportation

on the 3 1st day of January , 20 1 2

Application of

UNIVERSAL JET AVIATION, IN C

.

f

or a certificate of public convenience and necessity under 49 U.S.C. 41102 to engage in foreign charter air transportation of persons, property

, and mail Docket DOT

- OST

- 2011

- 0150

ORDER ISSUING FOREIGN CERTIFICATE

By Order 2012

- 1

- 35 , issued January 31 , 20 12 , the Department found Universal Jet Aviation,

Inc. ( “Universal Jet ” )

, fit, willing, and able to engage in interstate and foreign charter air transportation of persons, property, and mail using one large aircraft

. 1 By that order, we issued a certificate of publ ic convenience and necessity authorizing Universal Jet to engage in interstate charter air transportation.

By this order, we are issuing a companion certificate authorizing Universal Jet to engage in foreign charter air transportation. Instead of repeati ng our findings and conclusions in Order

2012

- 1

- 35

, we incorporate them here by reference.

ACCORDINGLY

,

1. We issue a certificate of public convenience and necessity in the form attached to Universal Jet Aviation, Inc. , to engage in foreign charter air transportation.

2. Unless disapproved by the President of the United States under section 41307 of the Transportation Code, this order shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advi ce from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department's order under that section, whichever occurs earlier. 2

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

2 This order was submitted for section 41307 review on January 31, 2012. The 61 st day was April 3, 2012. Since the President’s designee did not disapprove of this order before that date, it became effective on April 3,

2012.2

3. Upon effectiveness of this order, the outs tanding pendent e lite exemption issued to Universal Jet Aviation, Inc., 3 is dismissed.

4. We direct that should 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.

5. We direct Universal Jet Aviation, Inc. , to submit to the Air Carrier Fitness Division a first

year progress re port within 45 days following the end of its first year of certificated operations. 4

6

. 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 See Docket DOT

- OST

- 2011

- 015 2.

4 The report shall include a description of Universal Jet’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 (including a balance sheet at the end of its first year of flight operations

and a 12

- month income statement ending that same date), and a listing of current senior management and key technical personnel. Current resumes for any new management and key technical personnel since the air carrier commenced operations are also required.

## Certificate of Public Convenience and Necessity

for Foreign Charter Air Transportation

This Certifies That



## UNIVERSAL JET AVIATION, IN C

.

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 foreign charter air transportation of pe rsons, 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

- 4

- 2 Susan L. Kurland

On January 31, 2012 Assistant Secretary Ef fective on April 3, 2012 for Aviation and International AffairsAttachment



### Terms, Conditions, and Limitations

UNIVERSAL JET AVIATION, INC

.

is authorized to engage in foreign charter air transportation of persons, property, and mail:

Between any place in the United States and any place outside thereof.

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 operat ions 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 wel l 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), issue tickets for the operations proposed under this certificate, or enter into contracts with charter operators, and any advertise ment 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 shall at all times conduct its operations in accord ance with all treaties and agreements between the United States and other countries, and the exercise of the privileges2

granted by this certificate is subject to compliance with such treaties and agreements and with any orders of the Department of Transpor tation issued under them or for the purpose of requiring compliance with them.

(5) The exercise of the authority granted here is subject to the holder's first obtaining from the appropriate foreign governments such operating rights as may be necessary.

( 6) 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

. ∗

(7) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15).

(8) The holder shall maintain in effect liability insurance coverage as required under 14

CFR Part 205. Failu re 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 revok e this certificate.

(9) 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.

(10) 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 operat ions 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 su spended 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 cess ation, 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 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.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

WASHINGTON DC 20590

LORRAINE HALLOWAY

GERALD MURPH Y

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 MANAGER

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