O rder 2013

- 12

- 15

Served: December 26, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26th day of December, 2013

Application of

ULTIMATE JETCHARTERS, LLC

d/b/a ULTIMATE AIR SHUTTLE

f or au thority to engage in scheduled passenger operations

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

- OST

- 2013

- 001 8

FINAL ORDER

By Order 2013

- 11

- 20 , issued November 25, 2013

, we directed all interested persons to show

cause why we shou ld not make final our tentative findings and conclusions that Ultimate

JETCHARTERS, LLC d/b/a Ultimate Air Shuttle

, is fit, willing and able to provide scheduled

passenger service as a commuter air carrier using small aircra ft pursuant to Part 135 of the

F ederal Aviation Regulations. Intereste d persons were given 14 days to file objections to the

order.

No objections to the show

- cause order were received.

ACCORDINGLY

,

1. We find that Ultimate JETCHARTERS, LLC d/b/a Ultimate Air Shuttle 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, subject

to conditions.

2. We issue a Commuter Air Carrier Authorization to U ltimate JETCHARTERS, LLC d/b/a

Ultimate Air Shuttle, subject to the Terms, Conditions, and Limitations attached.

3. We direct Ultimate JETCHARTERS, LLC d/b/a Ultimate Air Shuttle to submit to the Air

Carrier Fitness Division a first year progress report w ithin 45 days following the end of its

f irst year of actual commuter air carrier flight operations. 2

2 The report should include a description of the carrier’s current operations (number and type of

aircraft, principal mark ets 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, and a listing of current senior

management and key technical personnel. The 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 listed in Attachment A.

By:

SUSAN L. KURLAND

Assistant Secretary for Aviation

and Internationa l Affairs

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

http:// regulations .gov

# Commuter Air Carrier Authorization

This Certifies That



## ULTIMATE JETCHARTERS, LLC

d/b/a ULTIM ATE 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 Limi tations, to engage in scheduled passenger

air tra nsportatio n 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 2013

- 12

- 15 Susan L. Kurland

On Month December 26, 2013 Assistant Secretary for

Effective on (See Attached) A viation and International AffairsAttachment



### Terms, Conditions, and Limitations

ULTIMATE JETCHARTERS, LLC

d/b/a ULTIMATE AIR SHUTTLE

is authorized to engage in scheduled passenger air transportation oper ations as a commuter air

carrier

.

This authority is subject to the following provisions:

(1) The authority t o conduct scheduled passenger operations will not become effective until six

(business) days after the Department has received the following docu ments; 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 Specifications

authorizing such operations from the Federal Aviat ion 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 ownersh ip, 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 remaining to be

paid, as well as independent verifica tion 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 months of

operations.

(2) Pending receipt of e ffective authority, the holder may not accept payment of any

kind (i.e., cash, check, or credit card), issue tickets for the operations proposed under this

certificate, or enter into contracts with charter operators, and any advertisement by the

holder 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 D epartment of Transportation for the

service s authorized here , and with such other reasonable terms, conditions, and limitations as the

Department of Transportation may prescribe in the public interest.

(4) The holde r authority is limited to operations con ducted pursuant to Part 135 of the Federal

Aviation Regulation. 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.

(5) The holder may no t 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 operations

ar e 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

. 

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

40102(a)(15).

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

205. Failure to maintain such insurance coverage will render a certificate 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 certificate.

(9) In the event that the holder receives effective scheduled passenger authority, the following

additional conditions 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 o f Transportation under that section.

(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 Competition Act of 1979, as amended by section 337 of

the Department of Transportation and Related Agencies Appropriations Act, 1998.

(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.

(11) In the event that the holder does not commence actual flying operations under this certificate

within one year of the date of the Department's determination of its fitness, its autho rity shall be

revoked for dormancy, unless the holder is conducting operations under another type of certificate

authority. Further, in the event that the holder commences operations for which it was found "fit,

willing, and able" and subsequently ceases all such operations, its authority under all certificates held

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.

More over, if the holder does not resume operations within one year of its cessation, its authority shall

be revoked for dormancy.

 To assure compliance with all applicable U.S. Gover nment 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 Security Administration has

determined that security is adequate to allow such airport(s) to be served.Attachment A

SERVICE LIST FOR

ULTIMATE

JETCHARTERS LLC

JOHN C GORDON

PRESIDENT

ULTIMATE JETCHARTERS

LLC

6061WEST AIRPORT

DRIVE

NORTH CANTON OH

44720 PETER LYNCH

ASST. CHIEF COUNCEL FOR

ENFORCEMENT, AGC

- 300

FEDERAL AVIATION

ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591 MARK MAZOR

MANAGER

CERTIFICATION&

EVALUATION PROGRAM

OFFICE

FAA AFS

- 900

45005 AVIATION DRIVE

SUITE 131

DULLES VA 20166

SUSAN B JOLLIE

COUNCEL FOR

ULTIMATE JETCHARTERS

LLC

7503 WALTON LANE

ANNANDALE VA 22003 OFFICE OF AIRLINE

INFORMATION

DOT/RITA/BTS E

- 34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 THOMAS J LEAHY

PRINCIPAL OPERATIONS

INSPECTOR

CLEVELAND FSDO

25249 COUNTRY CLUB BLVD

NORTH OLMSTED OH 44070