Order 2014-7-19

Served: July 29, 2014

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 29th day of July, 2014

Applications of

 ORANGE AIR, LLC

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

 Dockets DOT-OST-2011-0073

 and DOT-OST-2011-0074

ORDER CONFIRMING ORAL ACTION AND 

ISSUING EFFECTIVE CERTIFICATES

Summary

By this order, we (1) confirm our oral action of June 3, 2014, making the certificates of public 

convenience and necessity issued to Orange Air, LLC (“Orange Air”), for interstate and foreign 

charter passenger air transportation effective on that date, and (2) reissue Orange Air’s interstate 

and foreign charter certificates to reflect their effective date. 

Background

By Order 2011-11-31, issued November 28, 2011, the Department found Orange Air fit, willing, 

and able to conduct interstate and foreign charter passenger air transportation and issued to it 

certificates authorizing it to engage in interstate and foreign charter passenger operations. The 

authority granted by these certificates was not to become effective until six (business) days after 

the Department had received (1) a copy of Orange Air’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 

Orange Air may have undergone subsequent to the show cause order in this proceeding,1 and 

(4) evidence that Orange Air continued to have sufficient funding to meet our financial fitness 

criteria. 

 1 See Order 2011-11-11, served November 9, 2011.
2

On May 20, 2014, Orange Air submitted all of the information required to make its certificate 

authority effective with the exception of its Air Carrier Certificate and Operations Specifications 

from the FAA. Orange Air also requested that the Department waive the six-day waiting period 

and make its authority effective as soon as possible after the air carrier submits its FAA 

information. Subsequently, on June 3, 2014, Orange Air submitted to the Department a copy of 

its Air Carrier Certificate and Operations Specifications from the FAA authorizing interstate and 

foreign passenger charter operations. 

FITNESS UPDATE

Management

Orange Air states that there have been two minor changes in the company’s key personnel.

Mr. Tim Camelin replaced Mr. Frederick W. (“Chip”) Credno, III as Orange Air’s Director of 

Safety and Security in April 2014. Prior to joining Orange Air, Mr. Camelin had been the 

Director of Safety and Security for Sky King, Inc., since June 2013. Before that, he held the 

positions of Flight Safety Standardization Pilot with Arm Fleet Support (6/2011-6/2013), Safety 

and Security Manager and Program Manager with Presidential Airways (1/2008-6/2011), EMS 

pilot with Omni Helicopters (5/2006-1/2008), and Test Pilot with Lockheed Martin (1/2004-

5/2006). Mr. Camelin retired from the U.S. Army in December 2004 after 21 years of service.

Ms. Connie Richardson now serves as Orange Air’s Manager of Human Resources and 

Accounting.2 Before coming to Orange Air, she had been working as an Office Manager for 

Rinehart Development and Investment Group, LLC, since July 2011. From October 2006 to 

July 2011, Ms. Richardson worked for White’s Site Development, Inc., holding various 

positions, including Assistant Comptroller, Human Resources Manager, and Purchasing

Manager. 

Ownership 

At the time the air carrier was initially found fit, Orange Air was wholly owned by Orange Air 

Holdings, LLC (“Holdings”), which in turn was owned by RWF Capital, LLC (“RWF”) 

(58 percent), Mr. Frederick W. (“Chip”) Credno, III (40 percent), and JO Holdings, LLC 

(“JO”)(2 percent). RWF, a Delaware limited liability company, was wholly owned in equal 

parts by Messrs. Hugo Reiter, Alberto Franco, and Jorge Wolf, all of whom are US citizens. JO,

a Florida limited liability company, was wholly owned by Mr. Jeffrey Oshinsky, also a U.S. 

citizen.

By letter dated July 17, 2013, Orange Air informed the Department that the ownership of 

Holdings had changed.3 The company continued to be owned by RWF (45.82 percent) and JO 

(1.6 percent), but had two new investors, Frutaser, LLC (“Frutaser”) (34.29 percent) and Sabal 

 

2 These duties were previously performed by Ms. Kimberly Hunter, Director of Administration.

3 This information was submitted by Orange Air in Dockets DOT-OST-2011-0073 and DOT-OST2011-0074 in connection with Orange Air’s request for a waiver of the Department’s revocation for 

dormancy provisions applicable to its certificate authority. 
3

Holdings (“Sabal”) (18.29 percent). Frutaser is wholly-owned by JS Management, LLC, which 

was owned by Mr. Jacob Serfati (55 percent) and his wife, Ori Serfati (45 percent), both U.S. 

citizens. 

By letter dated May 20, 2014, Orange Air informed the Department that the ultimate owners of 

Holdings amended their investments. Specifically, Frutaser’s interests increased from 34.29

percent to 42.86 percent, RFW’s interests have been reduced from 45.82 percent to 32.28

percent, and Sabal’s holdings have increased from 18.29 percent to 22.80 percent.4 

Since all of Orange Air’s majority shareholders are U.S. citizens, we find that these changes in 

holding will have no adverse effect on Orange Air’s citizenship and that the company continues 

to be owned and controlled by U.S. citizens.

Based on the above, we determined that Orange Air continued to be fit to provide interstate and 

foreign charter air transportation and 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. Thus, on June 3, 2014, we orally advised Orange Air that we were 

making its interstate and foreign certificate authority effective on that date. By this order, we 

confirm that action and reissue to Orange Air its interstate and foreign charter certificates to 

reflect their effectiveness. 

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

14 CFR 385.12:

1. We confirm our oral action of June 3, 2014, granting Orange Air, LLC, a waiver from the 

six-day waiting period and making its interstate and foreign charter certificate authority effective 

on that same date.

2. We reissue to Orange Air, LLC, the interstate charter section 41102 certificate issued to it 

by Order 2011-11-31 in the attached form to reflect its effective date (Docket DOT-OST-2011-

0073). 

3. We reissue to Orange Air, LLC, the foreign charter section 41102 certificate issued to it 

by Order 2012-1-31 in the attached form to reflect its effective date (Docket DOT-OST-2011-

0074). 

4. We direct that, should Orange Air, LLC, propose to operate more than one large aircraft, 

it must first notify the Department in writing at least 45 days prior to the proposed operation and 

demonstrate its fitness to conduct such operations before their commencement. 

 

4 In its May 20, 2014, letter, Orange Air made no reference to JO or the remaining ownership interest 

of 2 percent. However, since 98 percent of the company is owned and controlled by U.S. citizens, the 

company would continue to meet the Department’s ownership requirements even if that remaining 

2 percent was held by non-U.S. citizens. 
4

4. We direct Orange Air, LLC, to submit to the Air Carrier Fitness Division a first year 

progress report within 45 days following the end of its first year of certificated operations.5 

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

 5 The report shall 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 (including a balance sheet at the end of its 

first year of flight operations and a 12-month income statement ending that same date), and a listing of 

current senior management and key technical personnel. The carrier should also be prepared to meet with 

staff members of the Fitness Division to discuss its current and future operations.
Certificate of Public Convenience and Necessity 

for 

Interstate Charter Air Transportation

This Certifies That

ORANGE AIR, LLC

is authorized, subject to the provisions of Subtitle VII of Title 49 of the 

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 2014-7-19 Todd M. Homan

On July 29, 2014 Director

Effective June 3, 2014 Office of Aviation Analysis
6

Attachment 

∗As reissued by Order 2014-7-19

Terms, Conditions, and Limitations

ORANGE AIR, LLC

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.

(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.

 ∗ 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.
7

(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 Charter Air Transportation

This Certifies That

ORANGE AIR, LLC

is authorized, subject to the provisions of Subtitle VII of Title 49 of the 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 2014-7-19 Todd M. Homan

On July 29, 2014 Director

Effective on June 3, 2014 Office of Aviation Analysis 
Attachment 

∗As reissued by Order 2014-7-19

Terms, Conditions, and Limitations

ORANGE AIR, LLC

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 orders 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, 

 ∗ 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

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.

(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 ORANGE AIR, LLC

MR JOHN R MIETUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BLVD

BETHESDA MD 20817-7500 

MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR ROBERT E TALMADGE

PRINCIPAL OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

MIAMI CMO 29

2895 SOUTHWEST 145TH AVENUE 

MIRAMAR FL 33027

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MS ANNE SUISSA RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590