US.Departmentof Transportation
OfficeoftheSecretary ofTransportation

April17, 2013

Mr. John R. Mietus, Jr. Counsel for OrangeAir, Inc. '<-!

6701 Democracy Blvd., Suite 300 Bethesda, MD 20817-7500

DearMr. Mietus: ., ' 1200 NewJersey 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) ofTitle 14, Code ofFederal Regulations. That sectionprovides 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 ofthat finding, or an air carrierthat, for any period ofone year after the date ofsuch afinding, has notprovided any type ofairtransportationfor which that kind offinding is required, is deemed no longerto 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, issuedNovember 28, 2011, the Departmentfound Orange Air fit to engage in interstate and foreign charter passenger operations. The effectiveness ofthe air carrier's authority was conditioned upon Orange Air fulfilling a number ofconditions, including providing us with a copy ofits 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 November27, 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 inits final stages ofthe 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 anotherfour months, until July 31, 2013, to commence operations.

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The FAA has advised us that Orange Air is making satisfactory progress toward obtaining its FAA certificate, and that the agency knows ofno 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 giventhe lengthoftimethathas elapsed since Orange Airwas initially found fit, further extensions ofthe time will not be granted without a submission ofupdated fitness informationfrom the aircarrier.

If you have any questions regarding this matter, please feel free to contact me at (202) 366-9721.

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

Mr. Jeffrey Hipps Mr. Charley Beers FAA Orlando CM0-29 5950 HazeltineNationalDr. Orlando, FL 32822