Order 2012

- 6

- 11 Served: June 18, 2012

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 N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18 th day of June , 2012

Application of

SUN AIR EXPRESS, LLC

d/b/a SUN AIR INTERNATIONAL

fo r authority to engage in scheduled passenger operations as a commuter air carrier under

49 U.S.C. § 41738 Docket DOT

- OST

- 2011

- 0169

FINAL ORDER

By Order 2012

- 6

- 1 , issued June 1 , 20 12

, we directed all interested persons to show cause why we

should n ot make final our tentative findings and conclusions that Sun Air Express, LLC d/b/a Sun Air

International is fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal A viation Regulations. Interested persons were given 14 (business) days to file objections to the order.

No objections to the show

- cause order were received.

ACCORDINGLY,

1. We find that Sun Air Express, LLC d/b/a Sun Air International is fit, willing, a nd able under 49

U.S.C. § 41738 to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations , subject to conditions

.

2. We issue a Commuter Air Carrier Authorization to Sun Air Express, LLC d/b/a Sun Air

International , subject to the Terms, Conditions, and Limitations attached.

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

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and Internati onal Affairs

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

# Commuter Air Carrier Authorization

SUN AIR EXPRESS, LLC

d/b/a SUN AIR INTERNATIONAL

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 scheduled passenger air transportation oper ations 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 2012

- 6

- 11 Susan L. Kurland

On June 18, 2012 Assistant Secretary for Effective (See Attached) Aviation and International AffairsAttachment



### Terms, Conditions, and Limitations

SUN AIR EXPRESS, LLC

d/b/a SUN AIR INTERNATIONAL

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 authority to conduct scheduled passenger operations will not become effective until six (business) days after the Department has received the following documents; provided

, however , that

the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications authorizing such operations from the Federal Aviation Administration (FAA).

(b) A cer tificate of insurance on OST Form 6410 evidencing liability insurance coverage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key personnel, operating plans, f inancial posture, or compliance history, since the date of

the Show Cause Order in this case.

(d) A revised list of pre

- operating expenses already paid and those remaining to be paid, as well as independent verification that the holder has available to it funds sufficient to cover any remaining pre

- operating expenses and to provide a working capital reserve equal to the operating costs that would be incurred in three months of operations.

(2) Pending receipt of effective authority, the holder may not acce pt payment of any kind (i.e., cash, check, or credit card) or issue tickets for scheduled passenger operations, and any advertisement or listing of flights by the holder must prominently state: "This service is subject to receipt of government operating au thority."

(3) The holder shall at all times conduct its operations in accordance with the require ments of

14 CFR Part 298 and any other regulations prescribed by the Department of Transportation for the services authorized here, and with such other reaso nable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

(4) 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 Federa l Aviation Administration (FAA) , it must first be determined fit for such operations.2

( 5 ) The holder may not operate aircraft designed to have a maximum passen ger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds.

( 6 ) The holder's authority under this certificate is effective only to the extent that such operations are also authorized by the FAA, and comply with all U.S. G overnment requirements concerning security , including, but not limited to 49 CFR Part 1544

. ∗

( 7

) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 40102(a)(15).

( 8 ) The holder shall maintain in effect liabilit y 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 United States Code or th e Department's regulations shall be sufficient grounds to revoke this authority.

( 9 ) In the event that the holder receives effective scheduled passenger authority, the following additional conditions will apply:

(a) The holder may reduce or terminate ser vice 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.

(b) 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 Compet ition Act of 1979, as amended or as modified by any future legislation addressing access restrictions to or from Love Field.

( 10 ) Should the holder propose any substantial changes in its ownership, management, or operations (as that term is defined in 14 CFR 204.2(l)), it must first com ply with the requirements of

14 CFR 204.5.

(1 1 ) In the event that the hol der does not commence actual flying operations as a commuter air carrier under this authority within one year of the date of the Department's determination of its fitness, its commuter authority shall be revoked for dormancy. Further, in the event that th e 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.

∗ To assure compliance with all applicable U.S. Government requirements c oncerning 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 Secur ity Administration has determined that security is adequate to allow such airport(s) to be served.Attachment A

SERVICE LIST FOR SUN AIR EXPRESS, LLC

MS LONNIE A PERA

ZUCKERT SCOUTT &

RASENBERGER LLP

888 SEVENTEENTH ST NW

SUITE 700

WASHINGTON D C 20006 MR WILLIAM J WEBER

CERTIFICATION SECTION

MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE

131

DULLES VA 20166 MR PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT AGC

- 300

FEDERAL AVIATION

ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 2059 1

MR THOMAS L COOPER

CEO & PRESIDENT

SUN AIR EXPRESS LLC

3201 GRIFFIN RD

FOURTH FLOOW

FT LAUDERDALE FL 33 312 OFFICE OF AIRLINE

INFORMATION

DOT/RITA/BTS E

- 34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 MR DAVID M HERNANDEZ

ATTORNEY FOR SILVER

AIRWAYS CORP f/k/a VPAA CO

VEDDER PRICE PC

1401 I STREET NW

SUITE 1100

WASHINGTON DC 20005

MR STEPHEN CARL

MR JAMES RAMNANAN

FAA

FT LAUDERDALE FSDO

- 19

FT LAUDERDALE FL 33315