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~ . ' - u.s. Department of Transportation Office of t h e Secretary Of Transportation : ' J 1200 New Jersey Ave

. , S.E

. Washington , DC 20590

February 27 , 2014

Mr. John R. Mietus , Jr. Counsel for Orange Air , Inc. 6701 Demo crac y Blvd ., Suite 3 00 Bethesda , MD 20817-7500 Dear Mr. Mietus: This letter references y our February 19 , 2014, request submitted to the D epartment on behalf of Orange Air , Inc

. ( " Orange Air " ) , for a w aiv er from the dormanc y pro visions of § 204

. 7(a) of Title 14 , Code of Federal Regulations. That s ecti on pro vide s that-

" an air carrier that has not commenced any type of air transportation operations for which it was found fit, willing , and able within one y ear of the date of that finding , or an air carrier that , for any period of one y ear after the date of such a finding , has not pro vided any type of air transportation for whi ch that kind of finding is required, is deemed no longer to continue to b e fit to pro vide the air transportation for which it w a s found fit and , accordingly , its authority to provide such air transportation shall be rev oked." As y ou are aware , b y Order 2 011-11-31 , issued No v ember 2 8 , 2011 , the Department found Orange Air fit to engage in interstate and foreign charter pa s senger operations. The effectivene ss of the air carrier ' s authority w as conditioned upon Orange Air fulfilling a number o f conditions , including pro viding us with a copy of it s Air C arrier Certificate and Operations Specifications i s sued b y the Federal Aviation Administration ( " FAA ") authorizing such operations

. Order 2011-11-31 gav e Orange Air until No v ember 28 , 2012 , to make it s authority effectiv e, otherwi s e , the air carrier w ould b e subject to the rev ocation for dormanc y provisions of §204

. 7(a)

. Subsequently, on No v ember 27 , 201 2, March 29 , 2013 , July 31 , 2013 , and December 6 , 2013 , the Department granted Orange Air waiv ers from the dormancy pro vi sions , gi ving the air carrier additional time to commence operations, with the most recent w aiv er expiring on February 28, 2014. In your February 19 letter , you indicate that Orange Air continues to work closely with the FAA , and the air carrier is in its final s tages of the FAA certi f ication process ; howev er , the air carrier is unable to commence operations b y February 2 8 ,2 014

. Thdrefore , Orange Air.' 2

requests that the Department grant the air carrier a waiver from §204.7(a) until April 30 , 2014, to commence operations

. In consultation with the FAA , the agency has assured us that Orange Air continues to make satisfactory progress towards certification

. Also , the FAA confirmed that Orange Air has successfully completed the aircraft conformity process and that the air carrier is expected to commence proving runs within the next couple of weeks. Under these circumstances , we find it appropriate to grant Orange Air ' s request for an extension

. Thus , w e grant Orange Air a waiver from §204.7(a). This waiver will expire on April 30 , 2014. If you hav e any questions regarding this matter , please feel free to contact me at (202) 366-9721.

Lau Remo Chief, Air Carrier Fitness Division

cc: Dockets DOT-OST-2011-0073 and DOT-OST-2011-0074 Mr. Jeffrey Hipps Mr. Charley Beers FAA Orlando CMO-29 5950 Hazeltine National Dr. Orlando, FL 32822