Order 2011-4-16

Served: April 20, 2011

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 20th day of April, 2011

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 

AND ISSUING EFFECTIVE CERTIFICATE

Summary

By this order, we (1) confirm our oral action of April 15, 2011, 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 2011-4-13, 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-

4-13, 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 2011-3-21); 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 meeting 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 since 
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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. Under 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 establishing 

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.

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

14 CFR 385.12:

1. We confirm 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 2011-4-13, in the attached form to reflect its effective date.

3. 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.

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

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, 2011 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 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.

(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. 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 

 

 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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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 comply with the requirements of 14 CFR 

204.5.

(10) 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 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

WASHINGTON DC 20591

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

JOAQUIN PUNTONET

PRINCIPLE 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

WASHINGTON DC 20590

BERNARD STANKUS 

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590