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u.s.Depa ••i,.nt of

TransportatIon Office of the secretary of Transportation
July 31, 2013 Mr, John R Mietus, Jr, Counsel for Orange Air, Inc, 6701 Democracy Blvd" Suite 300 Bethesda, MD 20817-7500 DearMr. Mietus: 

### ;~i-'ARTI!.ENT

## Or-

.,~j"SPORTATIO~~ ~. ~,D O?ERATIWS 1m :'I!G

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### 28 1200 New Jersey Avenue, Sf Wo,h;nglon, DC 20590

This letter references the July 17,2013, requestyou submitted (0 the Department on behalf of Orange Air, Inc, (Orange Air), for a waiver fromthe dormancy provisions of g204,7(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 aircarrierthat, foranyperiod ofone year after the date ofsuch afinding, has notprovidedanytype ofairtransportation for which that kind offinding is required, is deemedno 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 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, The Department granted Orange Air until November 28, 2012, to make its authority effective, otherwise, the air carrier would be subject to the revocation for dormancy provisions of g204,7(a). By letter dated November 27,2012, the Departmentgranted OrangeAir additionaltime, untilMarch 31, 2013, to make its authority effective, Subsequently, on March 29, 2013, the Department orally granted Orange Air a second waiver of the dormancy provisions until July 31,2013, which we confirmed in a letterdated April 17,2013. In your July 17,2013, 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, you statethat the air carrier will notbe ableto commenceoperations by July 31, 2013, due

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to FAAdelays caused by limited agencyresources. Therefore, Orange Air requests that the Department grant the air carrier a waiver from S204.7(a) until November 30, 2013, to commence operations. In support of its waiver request, Orange Air submitted updated fitness information pertaining to the air carrier's ownership, citizenship, finances, and personnel. Upon review ofthis information, we concludethat Orange Air continues to remain a U.S. citizen, has adequately qualified keypersonnel, has access to sufficient financial resources, and remains fit, willing, and able to commence its proposed operations. In addition, 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, under the cirCutl1stances,

we grant OrangeAir's requestforawaiverfrom S204.7(a). This waiver extension will expire onNovember 30, 2013. If you have any questions regarding this matter, please feel free to contact me at (202)366-9721. Sincerely,

VanessaR. Balgobin Transportation Industry Analyst Air CarrierFitness Division

cc: Dockets DOT-OST-2011-0073 andDOT-OST-2011-0074 Mr. Jeffrey Hipps Mr. Charley Beers FAA Orlando CMO-29 5950Hazeltine National Dr. Orlando, FL 32822