Order 2015-6-3

 Served: June 3, 2015 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 3rd day of June, 2015 

Fitness determination of

GEM AIR, LLC

for authority to engage in scheduled passenger 

operations as a commuter air carrier under 

49 U.S.C. § 41738

 Docket DOT-OST-2014-0020

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our oral action of December 16, 2014, making the authority of 

Gem Air, LLC (“Gem Air”) effective on that date, and (2) reissue Gem Air’s commuter air 

carrier authorization to reflect its effective date.

Background

By Order 2014-12-5, issued December 4, 2014, the Department found Gem Air fit to conduct 

scheduled passenger service as a commuter air carrier. Under the terms of that order, the 

authority would become effective on the sixth business day after we had received (1) a copy of 

the air carrier’s Air Carrier Certificate and Operation Specifications from the Federal Aviation 

Administration (“FAA”) authorizing it to engage in scheduled passenger service, (2) evidence of 

liability insurance coverage that meets the requirements of section 205.5(b) for all of its aircraft, 

(3) a statement of any changes it had undergone in areas affecting its fitness subsequent to the 

issuance date of the Show Cause Order in this case (Order 2014-10-25), and (4) updated 

financial information and evidence that the air carrier still had available to it funds sufficient to 

meet the Department’s financial criteria.

Fitness Update

On November 25, 2014, Gem Air advised us of a change in personnel. Specifically, Gem Air 

noted that Mr. Stanley DeLong replaced Mr. Daniel Schroeder as the company’s Chief Pilot. 

Mr. DeLong, a U.S. citizen, was named Gem Air’s Chief Pilot in July 2014. Mr. DeLong

previously served as Chief Pilot for Salmon Air (2008-2009) and as a Contract Pilot and 

Instructor Pilot for DeLong Aviation Services LLC (2006-2014). Before that, he served as 

Director of Operations for American Aviation (2005-2006), Chief Pilot for Mountain Bird, Inc. 
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(2001-2005), and Training Captain, Division Chief Pilot and Division Manager (various fleets) 

for Ameriflight (1988-2000). Mr. DeLong is an FAA Gold Seal Certified Flight Instructor and 

an Airline Transport Pilot with over 17,000 hours of total time.

On December 9, 2014, the air carrier provided a copy of its OST Form 6410 evidencing liability 

insurance meeting the requirements of 14 CFR 205.5(b), a copy of its Air Carrier Certificate and 

Operation Specifications from the FAA, and third-party verification of funds available to the air 

carrier that supported its ability to meet our financial fitness criteria. The air carrier stated that 

no other changes, other than replacing Mr. Schroeder with Mr. DeLong as its Chief Pilot, have 

occurred since the issuance of its Show Cause Order.

Upon review of these documents, we concluded that Gem Air remained fit to conduct its 

proposed commuter operations. Therefore, on December 16, 2014, we orally advised Gem Air

that we were making its commuter authority effective on that date.

By this order, we confirm our oral action of December 16, 2014, and reissue to Gem Air its 

commuter authorization to reflect its effective date. 

ACCORDINGLY, Acting under authority assigned by the Department in its regulations, 

14 CFR 385.12:

1. We confirm our oral action of December 16, 2014, making the commuter authority issued to 

Gem Air, LLC effective on that date.

2. We reissue the Commuter Air Carrier Authorization issued to Gem Air, LLC by 

Order 2014-12-5, in the attached form to reflect its effective date.

3. We direct Gem Air, LLC to submit to the Air Carrier Fitness Division a first-year progress 

report within 45 days following the end of its first year of commuter operations.1

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 the service date of this 

order.

 

1 The report shall include a description of the air carrier’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, and a listing of current senior management and key technical personnel.
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The action confirmed in this order was effective when taken 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
Commuter Air Carrier Authorization

(as reissued)

This Certifies That

Gem Air, LLC

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States 

Code, the orders, rules, and regulations issued thereunder, and the attached Terms, 

Conditions, and Limitations, to engage in scheduled passenger air transportation 

operations as a commuter air carrier.

This authorization is not transferable without the approval of the Department of 

Transportation.

By Direction of the Secretary

Issued by Order 2015-6-3 Todd M. Homan

On June 3, 2015 Director

Effective on December 16, 2014 Office of Aviation Analysis
Attachment

As reissued by Order 2015-6-3

Terms, Conditions, and Limitations

Gem Air, LLC

is authorized to engage in scheduled passenger air transportation operations as a commuter air 

carrier: 

This authority is subject to the following provisions:

(1) The holder shall at all times conduct its operations in accordance with the requirements 

of 14 CFR Part 298 and any other regulations prescribed by the Department of Transportation 

for the services authorized here, and with such other reasonable terms, conditions, and 

limitations as the Department of Transportation may prescribe in the public interest.

(2) The holder’s authority is limited to operations conducted pursuant to Part 135 of the 

Federal Aviation Regulations. In the event that the holder wishes to institute operations that 

would require Part 121 certification from the FAA, it must first be determined fit for such 

operations.

(3) 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.

(4) The holder shall at all times remain a "Citizen of the United States" as required by 

49 U.S.C. § 40102(a)(15).

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

14 CFR Part 205. Failure to maintain such insurance coverage will render this authority

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 revoke this 

authority.

 

 This certificate is being reissued to reflect its effective date.

 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 advise 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.
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(6) The holder may reduce or terminate service at any point or between any two points, 

subject to compliance with the provisions of 49 U.S.C. § 41734 and all orders and regulations 

issued by the Department of Transportation under that section.

(7) 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.

(8) In the event that the holder does not commence actual flying operations as a commuter 

air carrier under this authority within one year of the date of the Department’s determination of 

its fitness, its commuter authority shall be revoked for dormancy. Further, in the event that the 

holder commences but subsequently ceases all scheduled passenger operations, the authority 

granted here shall be suspended 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 

cessation, its authority shall be revoked for dormancy.
Attachment A

SERVICE LIST FOR GEM AIR, LLC

JOANNE WOLTERS

GEM AIR LLC

31 HAMNER DRIVE

SALMON ID 83467

 

PETER LYNCH

ASST CHIEF COUNSEL FOR 

ENFORCEMENT 

FAA AGC-300

800 INDEPENDENCE AVENUE SW

WASHINGTON DC 20591

MARK MAZOR

MANAGER

CERTIFICATION & EVALUATION PROGRAM 

OFFICE

FAA AFS-900

45005 AVIATION DRIVE

DULLES VA 20166 

PATRICK DARLING

PRINCIPAL OPERATIONS INSPECTOR

BOISE FSDO

3229 ELDER ST SUITE 350

BOISE ID 83705

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

FAA AFS-260

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591