Order 2015

- 6

- 15

Served: June 15 , 2015

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 15 th day of June

, 201 5

Fitness Determination of

MENAGERIE ENTERPRISES, INC.

d/b/a MONARCH AIR

as a commuter air carrier under 49 U.S.C. § 41738 Docket DOT

- OST

- 2 014

- 0192

FINAL ORDER

By Order 2015

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- 1 , issued June 3, 2015 , we directed all interested persons to show cause why we should not make final our tentative findings and conclusions that Menagerie Enterprises

, Inc.

d/b/a Monarch Air (“ Monarch ”)

, is a citizen of the United States and is fit, willing, and able to

conduc t scheduled passenger operations as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations

. Interested persons were given 5 days to file objections to the order.

No objections to the show cause order were rec eived.

ACCORDINGLY,

1. We find that Menagerie Enterprises

, Inc. d/b/a Monarch Air is fit, willing, and able under 49 U.S.C. § 41738 to provide scheduled passenger service as a commuter air carrier using small

aircraft 1 pursuant to Part 135 of t he Federal Aviation Regulations, subject to conditions.

2. We issue a Commuter Air Carrier Authorization to Menagerie Enterprises

, Inc. d/b/a

Monarch Air subject to the Terms, Conditions

, and Limitations attached.

1 Small aircraft is defined as any aircraft originally designed to have a maximum passenger capacity of 60 seats or less or a maximum payload capacity of 18,000 pounds or less.2

3. We direct Menagerie Enterprises

, Inc. d/b/a Monarch Air 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 commuter operations. 2

4

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

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and International Affairs

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

2 The report s hould include a description of the air carrier’s current operat ions (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 anticipate s from its current operations during i ts second

year , a balance sheet as of the end of the company’s first full year of actual flight operations and a twelve month income statement ending that same date, and a listing of current senior management and key technical personnel.

The air carrier s hould also be prepared to meet the staff members of the Fitness Division to discuss its current and future operations.

# Commuter Air Carrier Authorization

MENAGERIE ENTERPRISES, INC.

d/b/a MONARCH AIR

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 operati ons 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 2015

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- 15 Susan L. Kurland

On June 15, 2015 Assistant Secretary for Effective (See Attached) Aviation and International Affairs

### Attachment 

### Terms, Conditions, and Limitations

MENAGERIE ENTERPRISES, INC.

d/b/a MONARCH AIR

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 an y 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 certificate of insurance on OST Form 6410 evidencing liability i nsurance 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, financial 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 expe nses 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 accept 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 authority."

(3) 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.

(4) The holder’s authority is limited to operations conducted pursuant to Part 135 of the Federal Aviation Regulation s . In the event that the holder wishes to institute operations that would requir e Part 121 certification from the FAA, it must first be determined fit for such operations.2

(5) 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 pound s.

(6) The holder's authority 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. ∗

(7) When the authority contained in this Commuter Air Carrier Authorization becomes effective, the scheduled passenger authority contained herein will be limited to operations performed under an agreement with Rise Alpha, LLC or with another similarly structured

co mpany

.

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

49 U.S.C. § 40102 (a)(15).

(9) The holder shall maintain in effect liability insurance coverage a s 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 the Department's regulat ions shall be sufficient grounds to revoke this authority.

(10) T he 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.

(11) 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.

(12) In the event that the holder 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 the holder commences operations for which it was found "fit, willing, and able" and 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 operations within one year of its cessation, its commuter au thority shall be revoked for dormancy.

∗ 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.ATTACHMENT A

SERVICE LIST FOR MENAGERIE ENTERPRISES, INC.

d/b/a MONARCH AIR

REBECCA B MACPHERSON

JONES DAY

51 LOUISIANA AVE NW

WASHINGTON DC 200 01 MARK MAZOR

CERTIFICATION SECTION MANAGER

FEDERAL AVIATION ADMINISTRATION

AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

PETER LYNCH

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

AGC

- 300

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 OFFICE OF AIRLINE INFORMATION

DOT/R ITA /BTS E

- 3 4

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

KATHERINE TATUM

TECHNICAL PROGRAMS BRANCH

FEDERAL AVIATION ADMINISTRATION

AFS 260

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 DAVID SHUGART

P RINCIPAL AVIONICS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

CAMERON BAKER

P RINCIPAL OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION