u.s. Department of

Transportation

Office of the Secretary

of Transportation

1200 New Jersey Avenue, SE

Washington, DC 20590

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April 29, 2014

Mr. John R. Mietus, Jr.

Counsel for Orange Air, Inc.

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500

Dear Mr. Mietus:

This letter references your April 14, 2014, request 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 ("F AA")

authorizing such operations. Order 2011-11-31 gave 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 §204.7(a). Subsequently, on November 27, 2012,

March 29, 2013, July 31, 2013, December 6, 2013, and February 27, 2014, the Department

granted Orange Air waivers from the dormancy provisions, giving the air carrier additional

time to commence operations, with the most recent waiver expiring on April 30, 2014.

In your April 14, 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 is unable to commence operations by April 30, 2014. Therefore, Orange Air
2

requests that the Department grant the air carrier a waiver from §204.7(a) until June 30,

2014, to commence operations.

In consultation with the FAA, the agency has assured us that Orange Air continues to make

satisfactory progress towards certification. The FAA confirmed that Orange Air had

commenced proving runs, but such runs were halted due to problems with Orange Air's

aircraft. The FAA also informed us that these matters have been addressed and proving

runs are expected to resume within the next few days. Under these circumstances, we find

it appropriate to grant Orange Air's request for an extension. Thus, we grant Orange Air a

waiver from §204.7(a). This waiver will expire on June 30, 2014.

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

at (202) 366-9721.

Sincerely,

ur ynRemo

Chief, Air Carrier Fitness Division

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

Mr. Jeffrey Hipps

Mr. Charley Beers

FAA Orlando CMO-29

5950 Hazeltine National Dr.

Orlando, FL 32822·