Order 2014-2-8

Served: February 11, 2014

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 11th day of February, 2014

Notice of

AJET HOLDINGS, LLC

of intent to resume operations under 14 CFR 204.7

Docket DOT-OST-2014-0006

 

In the matter of the revocation of the certificate 

authority issued to

RYAN INTERNATIONAL AIRLINES, INC.

pursuant to the provisions of 14 CFR 204.7

ORDER DENYING WAIVER FROM DORMANCY, 

DISMISSING NOTICE TO RESUME OPERATIONS,

AND REVOKING CERTIFICATE AUTHORITY

Summary

By this order, we are denying the waiver from dormancy and dismissing the notice to resume 

operations filed by Ajet Holdings, LLC (“Ajet”), on behalf of Ryan International Airlines, Inc. 

(“Ryan Air”), in Docket DOT-OST-2014-0006; and revoking the certificate authority issued to 

Ryan Air for reason of dormancy.

Background

Ryan Air has held interstate all-cargo authority since 1980, worldwide charter authority since 

1984, and interstate scheduled authority since 1992.1 Ryan Air operated under these certificates 

until January 11, 2013, when it ceased operations after filing for Chapter 11 bankruptcy.

Section 204.7 of the Department’s Economic Regulations (14 CFR § 204.7) provides that, if an 

air carrier ceases air transportation operations for which it was found fit, it may neither resume 

air transportation operations nor advertise such services until its fitness to do so has been redetermined by the Department. Section 204.7 further provides that, if an air carrier does not

 1 Ryan Air’s foreign charter authority was last reissued by Order 92-6-18, served June 11, 1992; the air carrier’s 

interstate charter and interstate all-cargo authority was last reissued by Order 92-5-26, served May 21, 1992; and its 

interstate scheduled authority was last reissued by Order 98-7-6, served July 8, 1998.
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have its fitness redetermined and resume operations within one year of the date of its cessation, 

its certificate authority will be revoked for dormancy.

By letter dated January 16, 2013, we advised Ryan Air that, pursuant to section 204.7, its 

authority was suspended and that it could not resume air transportation operations until the 

Department had redetermined its fitness to do so. 

Subsequent to its bankruptcy filing, Ryan Air was purchased by Ajet in February 2013. On 

October 21, 2013, one of Ajet’s primary creditors initiated an involuntary Chapter 7 bankruptcy

proceeding against Ajet. When Ajet’s principles failed to respond or object to the involuntary 

bankruptcy proceeding a trustee was appointed.

By letter dated December 20, 2013, we informed Ajet’s trustee of the section 204.7 dormancy 

requirements. Moreover, we noted that unless Ryan Air filed a notice requesting to resume 

operations and a request for a waiver from the provisions of dormancy by January 16, 2014, that 

its authority would be revoked pursuant to section 204.7. We also informed the company that it 

is not our practice to grant extensions from section 204.7 unless the air carrier demonstrated

“good cause” for such action. Specifically, we stated that Ryan Air would need to provide up-todate information regarding its ownership, key management and technical personnel, and 

citizenship, along with current financial documents, operating plans and compliance disposition 

reports, which evidence that Ryan still meets the Department’s fitness criteria, and that it has 

completed nearly all the steps to recommence operations (i.e. has the necessary personnel, 

financial resources, aircraft, and FAA operating authority).

On January 15, 2014, representatives of Ajet’s Trustee filed a Notice of Intent to Resume 

Operations and a request for a waiver from the dormancy provisions of section 204.7. The 

Trustee contends that an extension of the dormancy provisions is necessary in order to secure 

bankruptcy court approval to conclude a sale of Ryan Air. No information was provided 

concerning the Ryan Air’s current personnel, ownership, or finances or that would indicate that 

the air carrier has completed nearly all the steps necessary to recommence operations. 

Decision

We have repeatedly stated that we will not permit waivers for the dormancy provision unless it is 

clear that the air carrier remains fit, willing, and able and that our action would permit the 

imminent resumption of its operations. Ryan Air has not provided any information which would

allow us to determine the fitness of the air carrier. Moreover, any purchaser of the stock or 

assets of Ryan Air would not be in a position to recommence operations in the immediate future 

since the company, under its new ownership, must be found fit under the provisions of 14 CFR 

204.7 in order to do so, a process which is no different from that involving a new applicant. 

In light of these circumstances, we have decided to revoke for reasons of dormancy the 

certificate authority held by Ryan Air. This action is being taken without prejudice to any future 

applications that Ryan Air or its new owners may wish to file for new air carrier authority.
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ACCORDINGLY, Pursuant to authority assigned by the Department in its regulations, 

14 CFR 385.12:

1. We deny the application for a waiver from section 204.7 (14 CFR 204.7) and dismiss the 

Notice of Intent to Resume Operations filed by Ajet Holdings, LLC, on behalf of Ryan 

International Airlines, Inc., in Docket DOT-OST-2014-0006. 

2. We revoke the certificate of public convenience and necessity issued to Ryan International

Airlines, Inc., by Order 98-7-6 authorizing it to engage in interstate scheduled air transportation 

of property and mail.2

3. We revoke the certificates of public convenience and necessity issued to Ryan Air 

International, Inc., by Order 92-5-26 authorizing it to engage in interstate charter and all-cargo 

air transportation.

4. We will serve a copy of this order on the persons listed in Attachment A. 

Persons entitled to petition the Department for review of this order under the Department’s 

Regulations, 14 CFR 385.30, may file their petitions within 10 days of this service date of this 

order. 

This order is effective immediately and the filing of a petition for review shall not alter its 

effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 2 By this order, we revoke Ryan Air’s interstate certificates. Revocation of Ryan Air’s foreign certificate 

authority is subject to Presidential review under 49 U.S.C. § 41307 and will be handled in a separate order.
ATTACHMENT A

SERVICE LIST FOR

RYAN INTERNATIONAL AIRLINES, INC.

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MARIANNE SEGUIN

JENNIFER RODES

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

LENARD E SCHWARTZER

JASON A IMES

SCHWARTZER & MCPHERSON LAW FIRM

COUNSEL FOR YVETTE WEINSTEIN 

 TRUSTEE FOR AJET HOLDINGS LLC

2850 SOUTH JONES BLVD SUITE 1

LAS VEGAS NEVADA 89146

MARK MAZOR 

MANAGER 

CERTIFICATION & EVALUATION PROGRAM 

OFFICE 

FAA AFS-900 

45005 AVIATION DRIVE 

DULLES VA 20166 

GERARDO MARTINEZ

FEDERAL AVIATION ADMINISTRATION