Order 2014

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Served: January 1 7 , 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 17 th day of January , 20 14

Fitness determination of

ULTIMATE JETCHARTERS, LLC

d/b/a ULTIMATE AI R SHUTTLE

f or authority to engage in scheduled passenger

operations as a commuter air carrier under 49 U.S.C. §

41738 Docket DOT

- OST

- 2013

- 0 018

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we confirm our oral action of January 10 , 20 14 , making the authority of Ultimate

JETCHARTERS, LLC d/b/a Ultimate Air Shuttle (“ULTIMATE ”) effective on that date. We

reissue ULTIMATE ’s commuter air carrier authorization to reflect its effective date.

Backgr ound

By Order 20 13

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, issued December 26 , 20 13 , the Department fou nd ULTIMATE 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 m eets the requirements of section 205.5(b) for all of its aircraft,

(3) a statement of any changes it had undergone in areas affecting its fitness subsequent to the

issuance date of the Show Caus e Order in this case (Order 2013

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- 20 ), and (4) updated

fina ncial information and evidence that the air carrier still had available to it funds sufficient to

meet the Department’s financial criteria.

On January 3, 2014 , ULTIMATE provided to the Department a copy of the company’s Air

Carrier Certificate and Operati on Specifications from the FAA and financial and ot her updated

fitness information . Additionally, ULTIMATE stated that it had undergone no substantial

changes in ownership, key personnel, compliance history, operating plans or financial posture

since the is s uance of the Show Cause Order. On January 9 , 2014 , the air carrier provided a copy

of OST Fo rm 641 0 evidencing liability insurance meeting the requirements of 14 CFR 205.5(b)

.2

Our review of the documentation was satisfactory. Therefore

, on January 1 0

, 2014 , we orally

advised ULTIMATE that we were making its commuter authority effective on that date.

By this order we confirm our oral action of January 10 , 20 14 , and reissue to ULTIMATE its

commuter authorization to reflect its effective date.

ACCOR DINGLY, Acting under authority assigned by the De partment in its Regulations,

14 CFR 385.12:

1. We confirm our oral action of January 10 , 20 14 , making the commuter authority issued to

Ultimate JETCHARTERS , LLC effecti ve on that date.

2. We reissue the Co mmuter Air Carrier Authorization issued to Ultimate JETCHARTERS,

LLC by Order 20 1 4

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- 7 , in the attached form to reflect the effective date.

3

. We direct Ultimate JETCHARTERS, LLC to submit to the Air C arrier Fitness Division a

first

- year progress report w ithin 45 days following the end of its first year of commuter

operations. 1

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. We will serve a copy of this order on the persons listed in Attachment A.

Persons entitled to petition the Department for review of this order, under the Department’ s

Regulatio ns 14 CFR 385.30, may file their petitions within 10 days of the service date of this

order.

The action confirmed in this o rder was effective when taken and the filing of a petition for

review shall not alter its effectiveness.

By:

TODD M. HOMAN

Direc tor

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov

1 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 an d 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, and a listing of current senior management and key technical personnel.

# Commuter Air Carrier Authorization

(as reissued)

This Certifies Tha t



# ULTIMATE JETCHARTERS, LLC

d/b/a ULTIMATE AIR SHUTTLE



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

States Code, 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 approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 20 14

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- 7 Tod d M. Homan

O n January 17

, 20 14 Director

Effective January 10

, 2014 Office of Aviation Analysis

### Attachment

 As reissued by Order 20 14

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### Terms, Conditions, and Limitations

ULTIMATE JETCHARTERS, LLC

is authorized to en gage in scheduled passenger ai r 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 presc ribed by the Department of Transportation

for the services author ized here , and with such other reasonable terms, conditions, and

limitations as the Department of Transportation may prescribe in the public interest.

(2) The holder ’s authority is limited t o operations 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.

(3) 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.

(4 ) The holder's authority 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.  

(5 ) The holder shall at all times remain a "Citizen o f the U nited States" as required by

49 U.S.C. § 40102(a)(15).

(6 ) The holder shall maintain in effect liability insuranc e coverage as required under

14 CFR Part 205. Failure to maintain such insurance co verage will render this authority

ineffective, and this or other failure to comply with the provisions of Subtitle VII of Title 49 of the

 This certificate 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 ch arter 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 Security Administration has determined that security is adequate to allow such airport(s)

to be served.2

United States Code or the Department's regulations shall be sufficient gr ounds to revoke this

authority

( 7 ) 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.

(8 ) The h older may not provide scheduled passenger air transportatio n to or from Dallas

(Love Field), Texas, except within the limits set forth in sec tion 29 of the International Air

Transportation Competition Act of 1979, as amended or as modified by any future legislation

addressing access restrictions to or from Love Fi eld.

( 9 ) 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.

(10 ) 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 subseq uently 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 De partment. Moreover, if the holder does not resume operations within one year of its

cessation, its authority shall be revoked for dormancy.Attachment A

SERVICE L IST FOR

ULTIMATE

JETCHARTERS, LLC

JOHN C GORDON

PRESIDENT

ULTIMATE JETCHARTERS, LLC

6061 WEST AIRPORT DRIVE

NORTH CANTON OH 44720 PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT AGC

- 300

FEDERAL AVIATION ADM INISTRATION

800 INDEPENDENCE AVE NUE SW

WASHINGTON DC 20591

MARK MAZOR

MANAGER

CER TIFICATION & EVAL UATION PROGRAM

OFFICE

FAA AFS

- 900

45005 AVIATION DRIVE

DULLES VA 20166 THOMAS J LEAHY

PRINCIPAL OPERATIONS INSPECTOR

CLEVELAND FSDO

25249 COUNTRY CLUB BLVD

NORTH OLMSTED OH 44070

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590

SUSAN B JOLLIE

7503 WALTON LANE

ANNANDALE VA 22003