Order 201 5

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- 3

Served: June 3, 2015

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 , 20 15

Fitness determination of

GEM AIR, LLC

f or authority to engage in scheduled passenger
operations as a commu ter air carrier under

49 U.S. C. § 41738 Docket DOT

- OST

- 2014

- 0 020

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our oral action of December 16 , 20 14 , 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

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, issued December 4 , 20 14 , the Department fou nd Gem Air fi t 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 S pecifications 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 Caus e 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 su fficient to

meet the Department’s financial criteria.

Fitness Update

On November 25, 2014, Gem Air advised us of a change in personnel. Specifically, Gem Ai r 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 (2 006

- 2014). Before that

, he served as Director of Operations for American Aviation (2005

- 2006), Chief Pilot for Mountain Bird, Inc.2

(2001

- 2005)

, and Training Captain, Division Chief Pilot and Division Manager (various fleets)

for Ameriflight (1988

- 2000). Mr. DeLong is an FAA Gold Seal C er tified 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 Fo rm 641 0 evidencing liability

insurance meeting the requirements of 14 CFR 205.5(b)

, a copy of i ts 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 co ncluded 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 , 20 14

, and reissue to Gem Air its

commuter authorization to reflect its effective date

.

ACCORDINGLY, Acting under authority assigned by the De partment in its r egulations,

14 CFR 385.12:

1. We confirm our oral action of December 16 , 20 14 , making the commuter authority issued to

Gem Air, LLC effecti ve on that date.

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

Order 20 1 4

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, in the attached form to reflect its effective date.

3

. We direct Gem Air, LLC to submit to the Air C arrier 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

r egulations 14 CFR 385.30, may file their petitions within 10 days of the service date of this

order.

1 The report s hall 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 a ny 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.3

The action confirmed in this o rder 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 a uthorized, 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

operation s 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 20 15

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- 3 Todd M. Homan

O n June 3, 2015 Director

Effective on December 16

, 2014 Office of Aviation Analysis

### Attachment

 As reissued by Order 20 1 5

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### Terms, Conditions, and Limitations

Gem Air, LLC

is authorized to en gage 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 author ized 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 Regula tions. 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 ext ent 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 U nited States" as required by

49 U.S.C. § 40102(a)(15).

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

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

ineffect ive, 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 gr ounds 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 t he 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.2

(6) The holder may reduce or terminate service at a ny 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 o wnership, 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 authorit y 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 authorit y 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 L IST FOR GEM AIR, LLC

JOANNE WOLTERS

GEM AIR LLC

31 HAMNER DRIVE

SALMON ID 83467 PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT

FAA AGC

- 300

800 INDEPENDENCE AVE NUE SW

WASHINGTON DC 20591

MARK MAZOR

MANAGER

CER TIFICATION & EVALUATION PROGRAM

OFFICE

FAA AFS

- 900

45005 AVIATION DRIVE

DULLES VA 20166 PATRICK DARLING

PRINCIPAL OPERATIONS INSPECTOR

BOISE FSDO

3229 EL DER ST SUITE 350

BOISE ID 83705

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

- 34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590 KATH E RINE TATUM

TECHNICAL PROGRAMS BRANCH

FAA AFS

- 260

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591