Order 2012-4-23

Served: April 16, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 16th day of April, 2012

Application of

UNIVERSAL JET AVIATION, INC.

 

for certificates of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in interstate and 

foreign charter air transportation of persons, property, 

and mail

Docket DOT-OST-2011-0150

Docket DOT-OST-2011-0151

ORDER CONFIRMING ORAL ACTION 

AND ISSUING EFFECTIVE CERTIFICATES

Summary

By this order, we (1) confirm our oral action of April 3, 2012, making the authority of Universal 

Jet Aviation Inc. (“Universal Jet”), to operate one large aircraft1 in interstate and foreign charter 

air transportation of persons, property, and mail effective on that date and (2) reissue the air 

carrier’s certificates to reflect their effectiveness on that date. 

Background

By Order 2012-1-35, dated January 31, 2012, the Department found Universal Jet fit to engage in 

interstate and foreign charter passenger operations utilizing one large aircraft and issued to it a 

certificate authorizing it to engage in interstate charter operations. By Order 2012-4-2, issued 

April 3, 2012, we issued a companion certificate to Universal Jet authorizing it to engage in 

foreign charter air transportation. 

Universal Jet’s’s authority to operate one large aircraft in charter operations was to become 

effective six (business) days after the Department received, (1) a copy of Universal Jet’s’s Air 

Carrier Certificate and Operations Specifications from the Federal Aviation Administration 

(“FAA”) authorizing it to engage in such operations, (2) a certificate of insurance evidencing 

liability insurance coverage meeting the requirements of Part 205 of our rules, (3) updated fitness 

information describing any changes Universal Jet may have undergone subsequent to the show 

 

1 Large aircraft are aircraft originally designed to have a minimum seating capacity greater than 60 passenger 

seats or 18,000 pounds payload capacity.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

cause order in this proceeding2, and (4) evidence that Universal Jet continued to have sufficient 

funding to meet our financial fitness criteria.

On April 2, 2012, Universal Jet provided to the Department OST Form 6410 evidencing liability 

insurance that meets the requirements of 14 CFR 205.5(b), and an updated copy of its Operation 

Specifications from the FAA authorizing it to operate one large aircraft in On-Demand

Operations. The air carrier stated that it had undergone no substantial changes in ownership, key 

personnel, compliance history, operating plans or financial posture since the issuance of the 

Show Cause Order. Additionally, Universal Jet requested that we make its authority effective 

prior to the expiration of the six (6) day waiting period.

Our review of the insurance and FAA documentation provided by Universal Jet is satisfactory. 

Additionally, we concluded that there was no reason not to grant the company the waiver it 

requested and make its authority effective prior to the expiration of the 

six-day waiting period. Under these circumstances, on April 3, 2012, we orally advised 

Universal Jet that we would make its authority effective on that date, limited to charter 

operations with the one large aircraft initially proposed. Should Universal Jet wish to expand its 

charter services beyond this one large aircraft, it will need to provide the Department with at 

least 45 days’ advance notice and demonstrate its fitness for such expansion. We also remind 

Universal Jet that the effectiveness of its authority to conduct operations under its certificates

continues to be conditioned upon its providing the Department with updated information that the 

air carrier remains a U.S. citizen and is fit for such services.3

By this order, we confirm our oral action of April 3, 2012, and reissue Universal Jet’s interstate 

and foreign certificates to reflect its effectiveness for charter operations using one large aircraft.

ACCORDINGLY, 

1. We confirm our oral action of April 3, 2012, making the authority contained in the interstate 

charter and foreign charter certificates issued to Universal Jet Aviation, Inc., by Order 

2012-1-35, effective using one large aircraft, and reissue the certificates in the attached form to 

reflect their effective date.

2. We direct Universal Jet Aviation, Inc., to submit to the Air Carrier Fitness Division a first 

year progress report within 45 days following the end of its first year of actual flight operations

using one large aircraft.4

 

2 See Order 2012-1-11, issued January 12, 2012.

3 This shall include, but not necessarily be limited to, information detailing the expenses incurred, or to be 

incurred, in connection with such services, evidence that the air carrier has raised all required funding, and 

information as to any changes in its ownership, management personnel, or compliance posture.

4 The report should 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. If any 

changes have been made to the senior management or key technical personnel since the date of this order, Universal 
3

4. We direct that, should Universal Jet Aviation,Inc., propose to operate more than one large 

aircraft,5 it must first notify the Department in writing 45 days prior to the proposed operation 

and demonstrate its fitness to conduct such operations before their commencement.6

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

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

 Jet should provide resumes for these individuals. The air carrier should also be prepared to meet with staff members 

of the Fitness Division to discuss its current and future operations.

5 This limitation does not apply to the air carrier’s small aircraft operations (that is, aircraft originally designed to 

have a maximum seating capacity of 60 seats or less or, 18,000 pounds or less payload capacity) and as a result, 

Universal Jet remains free to conduct operations with as many small aircraft as it desires.

6 This notice should be submitted to the Air Carrier Fitness Division. The air carrier may contact the Air Carrier

Fitness Division prior to submitting its notice to determine what fitness information must be provided.
Certificate of Public Convenience and Necessity for

Interstate Charter Air Transportation

(as reissued)

This Certifies That

UNIVERSAL JET AVIATION, INC.

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 interstate charter air transportation of 

persons, property, and mail.

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

Transportation.

By Direction of the Secretary

Issued by Order 2012-4-23 Todd M. Homan

On April 16, 2012 Director

Effective on April 3, 2012 Office of Aviation Analysis
Attachment

∗As reissued by Order 2012-4-23

Terms, Conditions, and Limitations

UNIVERSAL JET AVIATION, INC.

is authorized to engage in interstate charter air transportation of persons, property and mail 

between any point in any State, territory, or possession of the United States or the District of 

Columbia, and any other point in any of those entities.

This authority is subject to the following provisions:

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

prescribed by the Department of Transportation for the services authorized by this certificate, 

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 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. ∗∗

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

49 U.S.C. 40102(a)(15).

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

14 CFR Part 205. Failure to maintain such insurance coverage will render a certificate 

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 

certificate.

(5) The holder is not authorized to engage in air transportation operations between points 

within the State of Alaska.

 

∗ 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.
2

(6) 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.

(7) In the event that the holder commences operations for which it was found "fit, willing, 

and able" and subsequently ceases all such operations, its authority under all certificates held 

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.
 

Certificate of Public Convenience and Necessity for

Foreign Air Transportation

(as reissued)

This Certifies That

UNIVERSAL JET AVIATION, INC.

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 foreign charter air 

transportation of persons, property, and mail.

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

Transportation.

 

 

By Direction of the Secretary

Issued by Order 2012-4-23 Todd M. Homan

On April 16, 2012 Director

Effective on April 3, 2012 Office of Aviation Analysis

Attachment 
2

∗As reissued by Order 2012-4-23

Terms, Conditions, and Limitations

UNIVERSAL JET AVIATION, INC.

is authorized to engage in foreign charter air transportation of persons, property, and mail: 

Between any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

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

prescribed by the Department of Transportation for the services authorized by this certificate, and with 

such other reasonable terms, conditions, and limitations as the Department of Transportation may 

prescribe in the public interest.

(2) The holder shall at all times conduct its operations in accordance with all treaties and 

agreements between the United States and other countries, and the exercise of the privileges granted 

by this certificate is subject to compliance with such treaties and agreements and with any order of the 

Department of Transportation issued under them or for the purpose of requiring compliance with 

them. 

(3) The exercise of the authority granted here is subject to the holder's first obtaining from the 

appropriate foreign governments such operating rights as may be necessary.

(4) 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.∗∗

(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 a certificate 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 certificate.

(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.

 

∗ 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.
3

(8) In the event that the holder commences but subsequently ceases all operations for which it was 

found "fit, willing, and able," its authority under this certificate 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

UNIVERSAL JET AVIATION, INC.

MR GERALD MURPHY 

MS LORRAINE HALLOWAY

CROWELL AND MORING LLP

1001 PENNSYLVANIA AVENUE NW

WASHINGTON DC 2 0004

MR WILLIAM J WEBER

CERTIFICATION SECTION 

MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

 

MR MICHAEL MCCAULEY

PRESIDENT

UNIVERSAL JET AVIATION INC

3700 AIRPORT ROAD

SUTE 204

BOCA RATON FL 33431

REGIONAL COUNSEL 

SOUTHERN REGION

FEDERAL AVIATION 

ADMINISTRATION

 PO BOX 20636

 ATLANTA GA 30320 

 

 

MR JERRY PROENZA

MR ED DASILVA

FAA

2895 SW 145TH AVE

SUITE 120

MIRAMAR FL 330127

SUITE 300

MIAMI FL 33166

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590