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

o n the 16 th day of April , 201 2

Application of

UNIVERSAL JET AVIATION, INC.

for certificate s 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

- 20 11

- 0150

Docket DOT

- OST

- 20 11

- 015 1

ORDER CONFIRMING ORAL ACTION

AND ISSUING EFFECTIVE CERTIFICATE S

Summary

By t his order, we (1) confirm our oral action of April 3, 2012

, making the authority of Universal

Jet Aviation Inc

. (“ Universal Jet ”)

, to operate one larg e aircraft 1 in interstate and foreign charter air transportati on of persons, property, and mail effective on that date and (2) reissue the air

carrier’s certificate s to reflect their effectiveness on that date

.

Background

By Order 2 012

- 1

- 35

, dated January 31, 2012, the Department found Universal Jet fit to engag e 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 O rder 2012

- 4

- 2 , issued April 3 , 2012 , we issued a co mpanion certificate to Universal Jet authorizing it to engage in foreign charter air transportation.

Universal Jet’s ’s authority to operate one larg e 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 o perations, (2) a certificate of insurance evidencing liability insurance coverage meeting the requirements of Part 205 of our rules, (3) updated fitness

informati on 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.

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O N2

cause order in this proceeding 2 , and (4) evidence that Universal Jet continued to have sufficient funding to meet our financial fitness criteria.

O n April 2, 201 2

, 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 Operati on Specifications from t he 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.

O ur 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

, w e orally advised

Universal Jet that we would make i ts au tho rity effective on that date, limited to c har ter 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

leas t 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 certificate s 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 or der, we confirm our oral action of April 3, 2012

, and reissue Universal Jet’s inte rstate and foreign certificate s to reflect its effectiveness for charter operations using one larg e aircraft

.

ACCORDINGLY

,

1

. We confirm our oral action of April 3 , 201 2 , making the authority contained in the interstate

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

20 12

- 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 deta iling 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 pe rsonnel since the date of this order, Universal3

4

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

aircraft

, 5 it must first notify the D epartment 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 p ersons 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 f ree 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 fitn ess information must be provided.

# Certificate of Public Convenience and Necessity for Interstate Charter Air Transportation

(as reis sued)

This Certifies That



# UNIVERSAL JET AVIATION, IN C

.

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

per sons, property, and mail.

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

By Direction of the Secretary

Issued by Order 20 12

- 4

- 23 Todd M. Homan

On April 16, 2012 Director Effective on A pril 3 , 20 12 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 auth ority 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 r easonable 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 Feder al 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 insuranc e 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 (includ ing 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 airpo rt(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 com ply 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 n either 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 Limi tations, to engage in foreign charter air transportation of person s, property, and mail.

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

By Direction of the Secretary

Issued by Order 20 12

- 4

- 23 Todd M. Homan

On April 16 , 2012 Director Effective on April 3, 2012 Office of Aviation Analysis

Attachment2



### ∗ As reissued by Order 201 2

- 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 opera tions 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 Departme nt of Transportation issued under the m 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 b e 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 , inc luding, 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 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.3

( 8 ) In the event that the ho lder 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 operatio ns 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 00 04 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

F AA

2895 SW 145 TH 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