O rder 2013

- 2

- 15 Served: February 1 4 , 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 14 th day of F ebruary

, 20 1 3

Fitness Determination of

STAR MARIANAS AIR, INC.

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

- OST

- 20 10

- 0 235

ORDER CONFIRMING ACTION AND
ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we (1) confirm our action of February 6, 2013, making the authority of Star Marianas Air, Inc. (“St ar”), effective on that date, and (2) reissue Star’s commuter air carrier

authorization to reflect its effective date.

Background

By Order 2012

- 7

- 37 issued July 31, 2012, the Department found Star fit to conduct scheduled passenger service as a commuter air carrier. Under the terms of that order, the authority would become effective on the sixth business day after we had received (1) a copy of the air carrier’s Air Carrier Certificate and Operation Specifications from the Federal Aviation Administration (“FAA”) authorizing it to engage in scheduled passenger service, (2) evidence of liability insurance coverage that meets the requirements of section 205.5(b) for all its aircraft, (3) a statement of any changes it had undergone in areas affecting its fitn ess subsequent to the issuance date of the Show Cause Order in this case (Order 2012

- 7

- 21), and (4) updated financial

information and evidence that the air carrier still had available to it funds sufficient to meet the Department’s financial fitness criter ia.

Fitness Update

On November 7, 2012, Star advised us of several personnel changes. Specifically, Star notes

that Mr . James Bell, Star’s Chief Pilot, replaced Mr. Robert Christian as the air carrier’s Director of Operations. However, Star states that Mr. Christian will remain a Board Member of Star. Subsequent to this, on January 29, 2013, Star provided to the Department the resume of its new Chief Pilot, Mr. James Mezzapeso.2

Mr. Mezzapeso, a citizen of the United States and a licensed Commercia l Pilot, was named Star’s Chief Pilot in November 2012. He previously served as an Airline Captain with Star (December 2011

- Present) and with Freedom Air (September 2007

- December 2011); a Courier and Ramp Transport Driver for Federal Express (May 1996

- May 2007); and a Flight School Lineman for Horizon Aviation (June 2000

- February 2004).

Additionally, on November 7, 2012, Star provided the Department a copy of Star’s Air Carrier Certificate and Operation Specifications, and on January 29, 2013, Star pro vided a copy of OST Form 6410 evidencing liability insurance meeting the requirements of 14 CFR 205.5(b), and

third

- party verification from Bank of Guam and Bank of Saipan showing that it has access to $650,646 on deposit, meeting the Department’s financia l fitness requirements of approximately $548,139

. 1

Other than those changes noted above, the air carrier states that it has undergone no substantial changes in ownership, key personnel, compliance history, operating plans or financial posture

since the is suance of the Show Cause Order.

Upon review of these documents, we concluded that Star remained fit to conduct its proposed commuter operations. Therefore, on February 6, 2013, we advised Star that we were making its commuter authority effective on that date.

By this order, we confirm our action and reissue to Star its commuter air carrier authorization to

reflect its effective date.

ACCORDINGLY: Acting under authority assigned by the Department in its regulations,

14 CFR 385.12:

1. We confirm ou r action of February 6, 2013, making the commuter authority issued to Star Marianas Air, Inc., effective on that date.

2. We reissue the Commuter Air Carrier Authorization issued to Star Marianas Air, Inc., by

Order 2012

- 7

- 37, in the attached form to refl ect its effective date.

3 We direct Star Marianas Air, Inc. 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. 2

4. We will serve a copy of this order on th e persons listed in Attachment A.

1 The $548,139 noted here is one

- quarter of the applicant’s forecast of approximately $2.19 million in first year

expenses. See Order 2012

- 7

- 21, at fn 4.

2 The report shall 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 any changes it anticipates from its current operations during its second year, current financial statements (including a balance sheet at the end of its first year of flight ope rations and a 12

- month income statement ending that same date), and a listing of current senior 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 f

uture operations.3

Persons entitled to petition the Department for review of this order under the Department’s Regulations, 14 CFR 385.30, may file their petitions within 10 days of the service date of this

order.

The action confirmed in t his order was effective when taken and the filing of a petition for

review shall not alter its effectiveness.

TODD M. HOMAN

Director Office of Aviation Analysis

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

# Commuter Air Carrier Authorization

(as reissued)

This Certifies That



## STAR MARIANAS AIR, INC.

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United

States Cod

e, the orders, rules, and regulations issued thereunder, and the attached Terms, Conditions, and Limitations, to engage in scheduled passenger air transportation operations as a commuter air carrier.

This authorization is not transferable without the appr oval of the Department of Transportation.

By Direction of the Secretary

Issued by Order 2013

- 2

- 15 Todd M. Homan On February 14

, 2013 Director Effective February 6, 2013 Office of Aviation Analysis

### Attachment

 As reissued by Order 2013

- 2

- 15



### Te rms, Conditions, and Limitations

STAR MARIANAS AIR, INC.

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 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 th e Department of Transportation may prescribe in the public interest.

(2) 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.

(3) The holder's au thority under this certificate 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.  

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

(5) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part

205. Failure to maintain su ch 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

.

(6) 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 section.

( 7) The ho lder 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 Competition Act of 1979, as amended or as modified by any future leg islation addressing access restrictions to or from Love Field.

 This authority is being reissued to reflect its effective date.

  To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flight s) 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 Security Administration has determined that security is adequate to allow such airport(s) to be served

.2

(8) 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.

(9) 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 authority shall be revoked for dormancy.

(10) The holder’s authority is limited to operations con ducted 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 determine fit for such operations.Attachment A

SERVIC E LIST FOR

STAR MARIANAS AIR INC

MR SHAUN CHRISTIAN

MS PAZ CHRISTIAN

STAR MARIANAS AIR INC

PO BOX 520461

SAN JOSE VILLAGE

TINIAN MP 96952

- 0461 OFFICE OF AIRLINE

INFORMATION

DOT/RSPA/BTS E

- 36

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590 MR MARK MA ZOR

CERTIFICATION SECTION

MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE

SUITE 131

DULLES VA 20166

MR THOMAS BREHM

FAA

POI FOR STAR MARIANAS

135 NAKOLO PLACE

HONOLULU HI 96819 MR WILLIAM CHADWICK

RITA

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

MR PE TER LYNCH

FAA ASST CHIEF COUNSEL

FOR ENFORCEMENT

800 INDEPENDENCE AVE

SW

WASHINGTON DC 20591 REGIONAL COUNSEL

FAA

PO BOX 92007

LOS ANGELES CA 90009

- 2007