Order 2011

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- 16 Served: April 20, 2011

U N I T E DS T A TE S O F A M E R I C A D E P A R T M E N T OF T R

A N S P O R T A T I O N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on the 20th day of April , 201 1
Fitness Determination of AIR CHARTER, INC. d/b/a AIR FLAMENCO
as a commuter air carrier under section 49 U.S.C. § 41738 Docket DOT -OST-2010 -0260

ORDER CONFIRMING ORAL ACTION AN D ISSUING EFFECTIVE CERTIFICA TE Summary By this order, we (1) confirm our oral action of April 15, 2 011 , making the commuter authorization issued to Air Charter, Inc. d/b/a Air Flamenco (“Air Flamenco”) effective on that date, and (2) reissue to Air Flamenco its commuter air carrier authorization to reflect its effective date

. Background By Order 2011
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- 13 , issued April 12, 2011 , the Department found Air Flamenco fit to conduct scheduled passenger service as a commuter air carrier. Under the terms of Order 2011

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- 13, the authority was to 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 such operations; (2) evidence of liability insurance coverage that meets the requirements of section 205.5(b) for all 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 2011

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-21); and (4) updated financial information and evidence that the air carrier still had available to it funds sufficient to meet the Department’s financial fitness criteria. On April 14 , 2011 , Air Flamenco provided updated financial information, a Certificate of Insurance (OST Form 6410) evidencing liability insurance meetin g the requirements of 14 CFR 205.5(b), and a statement that it had undergone no substantial changes in ownership, key personnel, compliance history, operating plans or financial posture since2

the issuance of the Show Cause Order, as well as a copy of its Air Carrier Certificate and Operation Specifications from the FAA. Based on our review of the updated fitness information, insurance, and FAA documentation provided by Air Flamenco, we concluded that the air carrier remained fit to commence its commuter operations. U nder these circumstances, on April 15, 2011, we orally advised Air Flamenco that we would make its authority effective on that date. However, consistent with the applicant’s proposed operations, we will limit its authority to operations conducted under Part 135. Should Air Flamenco desire to perform operations that would require certification from the FAA under Part 121, it must first provide the Department with at least 45

-days advance notice of such plans and provide updated information esta blishing its fitness for such expansion. By this order we confirm our oral action of April 15, 2011 , and reissue the air carrier’s certificate to reflect its effective date. AC CORDINGLY, Acting under authority assigned by the Department in its Regulations, 14 CFR 385.12: 1. Weconfirm our oral action of April 15, 2011, making the commuter authority issued to Air Charter, Inc. d/b/a Air Flamenco effective on that date. 2

. We reissue the Commuter Air Carrier Authorization issued to Air Charter, Inc. d/b/a Air Flamenco by

Order 2011

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- 13 , in the attached form to reflect its effective date

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. 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 f ile their petitions within 10 days of the service date of this order. 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 W ide Web at http://www.regulations.gov

# Commuter Air Carrier Authorization
AIR CHARTER, INC. d/b/a AIR FLAMENCO

(as reissued) 

### 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 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 2011-4-16 Todd M. Homan On April 20

, 201 1 Director Effective on April 15

, 2011 Office of Aviation Analysis

### Attachment  As reissued by Order 

### Terms, Conditions, and Limitations AIR CHARTER, INC. d/b/a AIR FLAMENCO

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'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

.  (2 ) The holder 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 may not operate aircraft designed to have a maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds. ( 4 ) The holder shall at all times conduct its operations in accord ance with the requirements of 14 CFR Part 298 and any other re gulations 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. ( 5 ) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15). ( 6 ) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 205. F

ailure 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

 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 advi se 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.2

United States Code or the Department's regulations shall be sufficient grounds to revoke this authority. (7 ) 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. (8 ) The holder may not provide scheduled passenger air transportation to or from Dallas (Love Field), Texas, except within the limits set forth in section 29 of the International Air Transportation Competition Act of 1979, as amended or as modified by any future legislation addressing access restrictions to or from Love Field. ( 9 ) Should the holder propose any substantial change in its ownership, management, or operations (as defined in 14 CFR 204.2(l)), it must first com ply with the requirements of 14 CFR 204.5. ( 10 ) In the event that the holder commen ces 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. M oreover, if the holder does not resume such operations within one year of its cessation, its commuter authority shall be revoked for dormancy.Attachment A
SERVICE LIST FOR AIR CHARTER, INC. D/B/A AIR FLAMENCO
FRANCISCO TORRES PRESIDENT AIR CHARTER INC PO BOX 810352 CAROLINA PR 00981 PETER LYNCH AGC

- 300 ASST CHIEF COUNSEL FOR ENFORCEMENT FEDERAL AVIATION ADMINISTRATION 800 INDEPENDENCE AVE SW WASHI NGTON DC 20591 WILLIAM J WEBER CERTIFICATION SECTION MANAGER FAA AFS

- 900 45005 AVIATION DRIVE SUITE 131 DULLES VA 20166 JOAQUI N PUNTONET PRI NCIPLE OPERATIONS INSPECTOR FEDERAL AVIATION ADMINISTRATION SAN JUAN FSDO 525 FD ROOSEVELT AVENUE SAN JUAN PR 00918 ANNE SUISSA RTS

-42 OFFICE OF AIRLINE INFORMATION DOT/RITA/BTS E

- 34 1200 NEW JERSEY AVE SE WASHI NGTON DC 20590 BERNARD STANKUS OFFICE OF AIRLINE INFORMATION DOT/RITA/BTS RTS

-42 1200 NEW JERSEY AVE SE WASHI NGTON DC 20590