U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

# RECE\VED WASHINGTON, D.C.
In the Matter ofRenaissance Jet, Inc.
DocketNo. FAA-2013-1078, CaseNo. 2012EA390030 Judge Sullivan 

# OEC 18 2014 

# HEARING DOCKET

AGENCY'S RESPONSE TO MOTION TO DISMISS ON GROUNDS OF MOOTNESS


### COMES NOWthe Agency, by andthroughhis designated representative, the Regional Counsel for the Eastern Region andhis duly designated agents, and responds to the motion ofRenaissance Jet, Inc., to dismiss on grounds ofmotion, as follows: (I) The name ofthe Respondentinthis case is Renaissance Jet, Inc. (2) The motionto dismiss is based onthe claimthat Renaissance Jet, Inc., dissolved as a corporation onMarch 23, 2009 when it was converted to another business entity, Renaissance Jet, Inc., whichintumwas dissolved as a corporation on November 19, 2014. It

### is claimed that "Renaissance Jet, LLC, does notpossess an Air Taxi Certificate andno longer operates aFAR 135 charterbusiness" and that the "air carrier and the corporate entity have ceasedto exist."
(3) Infact, in its Answer to the Complaint dated March 4, 2014 (whichhas notbeen amended), it is admittedthat "RenaissanceJet, Inc., is the holder ofAir Carrier certificateNo. 3RJA276M. (4) In fact, the operations specifications for Renaissance Jet, Inc., dated May 9, 203, reflectthat Renaissance Jet, Inc., is the holder ofair carrier certificate number 3RJA276M and that its primary business address is 1560 NorthMain Street, Suite 103, High Point, NC 27262. See ExhibitA-1
(5) In fact, onNovember 12,2014,the FAA approved the change in name for air carrier certificate number 3RJA276M from Renaissancejet, Inc., to X8 Aviation, LLC. Se Exhibit A-2

### (6) As a result ofthis name change, an air carrier certificate and operations specifications were issued to X8 Aviation, LLC, with authorization to operate in air carrier operations in the same manner as did the company whenit was named Renaissance Jet, LLC. The primary business address ofX8 Aviation, LLC is listed as 1560 North main Street, Suite 103, HighPoint, NC (the same address as that ofits predecessor inname, Renaissance Jet, Inc.) See Exhibits A-2, A-3, and A-4 (7) X8 Aviation, LLC, is still an active corporation, with the same primary business address as its predecessor inname, Renaissance Jet, Inc. See Exhibit 5
(8) Thus, the only change inthe status ofRenaissance Jet, Inc., is its name. Its successor in name, X8 Aviation, LLC, is still an active corporation and still has an air carrier certificate and operations specifications with authority to act as an



## . . mr earner. (9) A change in name only does not affect the legal ability ofthe company to conduct air carrier operations and the enforcement action shouldnot be affected. M & 

### R Helicopters, LLC, FAA OrderNo. 2013-4 (September 5, 2013).
(1

### 0) Thus, the case is not moot and shouldnotbe dismissed. WHEREFORE the Agency requests thatthe motionto dismiss be denied inits entirety. Respectfully submitted, Alfred R. Jolmson, Jr. Regional Counsel By: Attorney Dated: December 9, 2014

# EXHIBIT A-1U.S. Department of Transportation Federal Aviation Administration Operations Specifications

AOO 1 . Issuance and Applicability HQ Control: 05/09/2003 HQ Revision: 02c

a. These operations specifications are issued to RENAISSANCE JET INC, whose principal base ofoperation is located at: Primary Business Address: Renaissance Jet, Inc. 1560 North Main Street, Suite 103 High Point, North Carolina 27262 Mailing Address: Renaissance Jet, Inc. 3611 Concord Mills Blvd, PMB 277 Concord, North Carolina 28027 The holder ofthese operations specifications is the holder of Certificate Number 3RJA276M and shallhereafter be referredto as the certificate holder. The certificate holder is authorized to conduct:

On operations Demand in Common carriage pursuantto 119.21(a)(5)- Title 14 Code ofFederal ON Regulations (CFR) DEMAND Section and provided, at all times, the certificate holder has appropriate written economic authority issuedby the Department ofTransportation. The certificate holder shall conduct these kinds ofoperations in accordance with the specific authorizations, limitations, and procedures in these operations specifications and all appropriate Parts ofthe CFR. b. These operations specifications are effective as ofthe "Date Approval is effective" listed in eachparagraph and shallremain in effect as long as the certificate holder continues to meet the requirements ofPart 119 as specified for certification.

c. The certificate holder is authorized to use only the business name which appears on the cer1ificate to conduct the operations described in subparagraph a.

d. The cer1ificate holder is authorized to conductflights under 14 CFRPart 91 for crewmember training, maintenance tests, ferrying, re-positioning, and the carriage ofcompany officials using the applicable authorizations in these operations specifications, without obtaining aLetter of Authorization, providedthe flights are not conducted for compensation or hire and no charge ofany kind is made for the conduct ofthe flights.

RENAISSANCE JET INC AOOl-1 Arndt. No: 5 Certificate No.: 3RJA276MU.S. Department of Transportation Federal Aviation Administration Operations Specifications

I. Issuedbythe Federal Aviation Administration. 2. These Operations Specifications are approved by direction ofthe Administrator. Digitally signedbyRoyden W Henry, Principal Operations Inspector (EA39) [1] EFFECTIVE DATE: 3/6/2013, [2] AMENDMENT#: 5 DATE: 2013.03.08 06:57:58-06:00

3. I hereby accept and receive the Operations Specifications in this paragraph. Digitally signed by RobertR Viall DATE: 2013.03.06 08:49:43 -06:00

RENAISSANCE JET INC AOOI-2 Arndt. No: 5 Certificate No.: 3RJA276M

# EXHIBIT A-2U.S. Department ofTransportation Federal Aviation Administration



### November 12,2014 Mr. Mark Palmer, Director ofOperations X8 Aviation, LLC (3RJA276M) 15105-D JohnJ. 

### DelaneyDr. PMB 302 Charlotte, NC 28277 DearMr. Palmer: RE: (X8 Aviation) Greensboro Flight Standards District Office, EA39 1301 South Terminal Service Road Greensboro, NC 27409 P: 336-369-3900 F: 336-369-3980



### This letter documents the change in name for Air Carrier Certificate number; 3RJA276M, from Renaissance Jet, Inc. to X8 Aviation, LLC. Included with this letter is the amendedAir Carrier Certificate for X8 Aviation, LLC with a new effectivity date of 11/12/2014. All ofthe Operations Specifications have been reissued in WebOPPS to account for the name change. The Ops Specs should be printed and inserted intothe affected manuals as applicable. The change ofnames affected the General Operations Manual (GOM), TrainingManuals, Approved Aircraft Inspection Programs (AAIP). MinimumEquipmentLists (MEL) and their associated procedures manuals. Copies ofthe List ofEffective Pages from eachof these manualshavebeen stamped and signed with FAA approval or acceptance and are included withthis letterto be inserted into the affected manuals maintained by X8 Aviation, LLC. Should you have anyquestions or concerns do nothesitate to contact me at (336)369-3968. Sincerely,

John Combrinck-Graham Principal Maintenance Inspector Enclosures

# EXHIBIT A-3US Department ofTransportation Federal Aviation Administration 

# Air Carrier Certificate This certifies that X8 Aviation, LLC 1560 North Main Street, Suite 103 High Point, North Carolina, 27262 has met the requirements ofthe Federal Aviation Act of 1958, as amended, and the rules, regulations, and standards prescribed thereunder for the issuance ofthis certificate and is hereby authorized to operate as an air carrier and conduct common carriage operations in accordance with said Act and the rules, regulations, and standards prescribed thereunder and the terms, conditions, and limitations contained in the approved operations specifications.
This certificate is not transferable and, unless sooner surrendered, suspended, or revoked, shall continue in effect indefinitely. By Direction ofthe Administrator

Certificate number: 3RJA276M James S . Verre (Signature) Effective Date: 11/12/2014 Manager (Title) Issued at:**----"G'=r"'e""e~ns'>'b,_o_.rc"o:.o_,**_,N"'C..__ GSO FSDO EA-39 (Region/Office)

FAA Form 8430-18 (6-87) Electronic Forms (PDF)

# EXHIBIT A-4U.S. Department ofTransportation Federal Aviation Administration Operations Specifications

AOO 1 . Issuance and Applicability HQ Control: 05/09/2003 HQ Revision: 02c

a. These operations specifications arc issued to XS Aviation, LLC, whose principal base of operation is located at: Primary Business Address: XS Aviation, LLC. 1560 North Main Street, Suite 103 High Point, North Carolina 27262 Mailing Address: XS Aviation, LLC. 15105-D John J. DelaneyDrive, PMB 302 Charlotte, North Carolina 28277 The holder ofthese operations specifications is the holder ofAir Carrier Certificate Number 3RJA276M and shall hereafterbe referred to as the certificate holder. The certificate holder is authorized to conduct:

On operations Demand in Common carriagepursuantto Title 14 Code ofFederal Regulations (CFR) Section 119.2l(a)(5) andprovided, at ali times, the certificate

- On- holderhas appropriate written economic Demand authorityissuedbythe Department of Transportation. The certificate holder shall conduct these kinds ofoperations in accordance with the specific authorizations, limitations, and procedures inthese operations specifications and all appropriate Parts ofthe CFR. b. These operations specifications are effective as ofthe "Date Approval is effective" listed in each paragraph and shall remain in effect as long as the certificate holder continues to meet the requirements ofPart 119 as specified for certification.

c. The certificate holderis authorized to use only the business name which appears on the certificate to conductthe operations described in subparagraph a.

d. The certificate holder is authorized to conduct flights under 14 CFR Part 91 for crewmember training, maintenance tests, ferrying, re-positioning, and the carriage ofcompany officials using the applicable authorizations in these operations specifications, without obtaining a Letter of Authorization, provided the flights are not conducted for compensation or hire and no charge ofany kind is made for the conduct ofthe flights.

X8 Aviation, LLC AOOl-1 Amdt. No: 7 Certificate No.: 3RJA276MU.S. Department ofTransportation Federal Aviation Administration Operations Specifications

I. Issuedby the FederalAviation Administration. 2. These Operations Specifications are approved by direction ofthe Administrator. Digitally signed by Clinton Festa, Principal Operations Inspector (EA39) [1] EFFECTIVE DATE: 11/12/2014, [2] AMENDMENT#: 7 DATE: 2014.11.12 13:12:11-06:00

3. I hereby accept andreceive the Operations Specifications in this paragraph. Digitally signed byMark L Palmer DATE: 2014.11.08 15:59:05-06:00

XS Aviation, LLC A001-2 Arndt. No: 7 Cettificate No.: 3RJA276M

# EXHIBIT A-5

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# X8 Aviation, LLC North Carolina Limited Liability Company I

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## Business Registration I 

## N01ih Carolina (Home State) North Carolina Secretary ofState 

### Business Details Business Name: X8 Aviation, LLC Corporation Type: Limited Liability Company Citizenship: Domestic State ofIncorporation: NC Secretary ofState JD: 1216125 Status: Current-Active Fom1ed: 08/08/2011 Federal Agencies

Principal Office: 1560 North Main Street Suite I03 High Point, NC, 27262 

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### 12/8/2014CERTIFICATE OF SERVICE Ihereby certify that the foregoing AGENCY'S RESPONSE TO MOTION TO DISMISS ON GROUNDS OF MOOTNESS has been sent onthis date via FAX and first class mail to: John Adams Hodge, Esq. 136 StonemarkLane Columbia, SC 29210 FAX: 803-783-9210 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (EI 1-3I0) Washington, DC 20590 FAX: 202-366-7536 I hereby certify that the foregoing AGENCY'S RESPONSE TO MOTION TO DISMISS ON GROUNDS OF MOOTNESS has been sent on this date via first class mail to:
Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing DocketClerk, AGC-430 WilburWright Building- Room 2014

Date: 

### DEC 10

## 2014

# ~J**~J~~** I/ a Hooks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel I Aviation Plaza Jamaica, NY 11434