Order 2011

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Served: April 12, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31st day of March , 20 1 1

Fitness Determination of

AIR CHARTER, INC.

d/b/a AIR FLAMENCO

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

- OST

- 20 10

- 0260

FINAL ORDER

By Order 2011

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- 21 , issued March 17, 2011 , we directed all interested persons to show cause why we should not make final our tentative findings and conclusi ons that Air Charter, Inc. d/b/a

Air Flamenco 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 Aviation Regulations. Interested persons were given 14 calend ar days to file objections to the order.

No objections to the show

- cause order were received.

ACCORDINGLY,

1. We find that Air Charter, Inc. d/b/a Air Flamenco is fit, willing, and 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.

2. We issue a Commuter Air Carrier Authorization to Air Charter, Inc. d/b/a Air Flamenco

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

3. We direct Air Charter, Inc. d/b/a Air Flamenco to submit to the Air Carrier Fitness Division a first year progress report within 45 days following the end of its first year of commuter operations

. 1

1 The report sh ould 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 a ny changes it anticipates from its current operations during its 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 sen ior management and key technical personnel. The air carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and future operations.2

4. We will serve a copy of this order on the persons l isted 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

# Commuter Air Carrier Authorization

AIR CHARTER, INC.

d/b/a AIR FLAMENCO

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 Term s, Conditions, and Limitations, to engage in scheduled passenger air transportation operations 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 2011

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- 13 Susan L . Kurland

On March 31, 2011 Assistant Secretary for Effective (See Attached) Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitations

AIR CHARTER, INC.

D/B/A AIR FLAMENCO

is authorized t o 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) day s 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 Specificatio ns authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate 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, 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 rema ining 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 m onths 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 hold er 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 operation s 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 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 pounds.

( 6 ) The holder's authority under this certificate is effective only to the extent that such operati ons a re also authorized by the FAA, and comply with all U.S. Government 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. § 4010 2(a)(15).

( 8 ) The holder shall maintain in effect liability insuran ce 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 the 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 conditi ons will apply:

(a) The 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

sect ion.

(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 b y 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 comply with the requirements of 14 CFR 204.5.

(1 1 ) 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 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 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 Sec urity Administration has determined that security is adequate to allow such airport(s) to be served.Attachme nt A

SERVICE LIST FOR

AIR CH A RTER
, INC

. D/B/A AIR FLAMENCO

FRANCISCO TORRES

PRESIDENT

AIR CHARTER INC

PO BOX 810352

CAROLINA PR 00981 PETER LYNCH AGC

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ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WA SHINGTON DC 20591

WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166 JOAQUIN PUNTONET

PRINCIPLE OPERATIONS INSPECTOR

FEDERAL AVIATION ADM INISTRATION

SAN JUAN FSDO

525 FD ROOSEVELT AVE NUE

SAN JUAN PR 00918

ANNE SUISSA RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 BERNARD STANKUS

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590