US. Department of 

Transportation 

Office of the Secretary 

of Transportation 

April17, 2013 

Mr. John R. Mietus, Jr. 

Counsel for Orange Air, Inc. 

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6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

Dear Mr. Mietus: 

., ' 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

This letter references the March 15, 2013, request you submitted to the Department on 

behalf of Orange Air, Inc. (Orange Air), for a waiver from the dormancy provisions of 

§204.7(a) of Title 14, Code of Federal Regulations. That section provides that-

"an air carrier that has not commenced any type of air transportation 

operations for which it was found fit, willing, and able within one year of 

the date of that finding, or an air carrier that, for any period of one year after 

the date of such a finding, has not provided any type of air transportation for 

which that kind of finding is required, is deemed no longer to continue to be 

fit to provide the air transportation for which it was found fit and, 

accordingly, its authority to provide such air transportation shall be 

revoked." 

As you are aware, by Order 2011-11-31, issued November 28, 2011, the Department found 

Orange Air fit to engage in interstate and foreign charter passenger operations. The 

effectiveness of the air carrier's authority was conditioned upon Orange Air fulfilling a 

number of conditions, including providing us with a copy of its Air Carrier Certificate and 

Operations Specifications issued by the Federal Aviation Administration ("FAA") 

authorizing such operations no later than November 28, 2012, otherwise, the air carrier 

would be subject to the revocation for dormancy provisions of §204.7(a). By letter dated 

November 27, 2013, the Department granted Orange Air additional time, until March 31, 

2013, to make its authority effective. 

In your'March 15 letter, you indicate that Orange Air continues to work closely with the 

FAA, and the air carrier is in its final stages of the FAA certification process; however, the 

air carrier will not be able to commence operations by March 31, 2013. Therefore, Orange 

Air requests that the Department grant the air carrier a waiver from §204.7(a), giving it 

another four months, until July 31, 2013, to commence operations. 
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2 

The FAA has advised us that Orange Air is making satisfactory progress toward obtaining 

its FAA certificate, and that the agency knows of no reason why we should not grant the 

requested waiver. The FAA states that it fully expects that Orange Air will commence its 

proposed operations within the time frame indicated by the air carrier. Therefore, on 

March 29, 2013, we orally granted Orange Air's request for a waiver from §204.7(a), 

which we confirm here. This waiver extension will expire on July 31, 2013. We note, 

however, that given the length oftime that has elapsed since Orange Air was initially found 

fit, further extensions of the time will not be granted without a submission of updated 

fitness information from the air carrier. 

If you have any questions regarding this matter, please feel free to contact me 

at (202) 366-9721. 

cc: Dockets DOT-OST-2011-0073 and DOT-OST-2011-0074 

Mr. Jeffrey Hipps 

Mr. Charley Beers 

FAA Orlando CM0-29 

5950 Hazeltine National Dr. 

Orlando, FL 32822