BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------ : Application of : : UNIVERSAL JET AVIATION, INC. : Docket DOT-OST-2011-0152 : for an exemption from 14 C.F.R. Part 298 : :

------------------------------------------------------------------------ APPLICATION OF UNIVERSAL JET AVIATION, INC. FOR RENEWAL OF PENDENTE LITE EXEMPTION AND MOTION TO SHORTEN ANSWER PERIOD Communications with respect to this document should be sent to: Michael McCauley President UNIVERSAL JET AVIATION INC. Boca Raton Airport 3700 Airport Road Suite 204 Boca Raton, FL 33431 (961) 989-0025

February 21, 2011 Lorraine B. Halloway Gerald F. Murphy CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004-2595 (202) 624-2500 lhalloway@crowell.com gmurphy@crowell.com Counsel for Universal Jet Aviation, Inc.

NOTICE: Answers to this application would be due under normal procedures on March 7,

2012. Universal Jet Aviation, Inc. is requesting that the Department shorten the answer period and require answers to be filed no later than Monday, February 27, 2012, or to act without waiting for answers. Universal will conduct a poll of all carrier representatives on the service list to this application and immediately notify the Department of the results.BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------ : Application of : : UNIVERSAL JET AVIATION, INC. : Docket DOT-OST-2011-0152 : for an exemption from 14 C.F.R. Part 298 : :

------------------------------------------------------------------------ APPLICATION OF UNIVERSAL JET AVIATION, INC. FOR RENEWAL OF PENDENTE LITE EXEMPTION AND MOTION TO SHORTEN ANSWER PERIOD Universal Jet Aviation, Inc. (“Universal” or the “Company”) requests a renewal of its exemption pendente lite from Part 298 of the Department’s Economic Regulations most recently granted by the Department pursuant to Order 2011-11-34, to the extent it permits Universal to operate one executive-configured Boeing 737 aircraft (“Boeing Business Jet” or “BBJ”) in foreign on-demand air transportation. Although the Department has already granted Universal’s application for certificate of public convenience and necessity to engage in the interstate charter air transportation of persons, property and mail, and also tentatively determined that Universal is fit, willing, and able to conduct foreign charter air transportation, the issuance of a final order granting Universal’s application for a corresponding foreign charter certificate is subject to a statutory 60-day Presidential review period. 1 Universal anticipates that the Department will issue a final order granting its foreign charter certificate on or before March 31, 2012; however,

1 See Order 2012-1-35 at n. 2 (citing 49 U.S.C. § 41307).Renewal Application of Universal

Page 2 absent renewal, Universal’s exemption authority to conduct foreign charter operations will expire on February 29, 2012. 2 Extending the relief provided to Universal is in the public interests of preserving contract sanctity and providing service options for passengers, and under the unique circumstances presented. Indeed, the same compelling reasons supporting the Department’s initial grant of Universal’s exemption and its recent renewal thereof continue today and justify the requested renewal. In support of its application, Universal states as follows: 1. On August 17, 2011, the Department granted Universal “an exemption until November 30, 2011 from the provisions of 14 C.F.R. Part 298 to the extent necessary to enable it to operate a single Boeing Business Jet in on-demand charter operations.”3 On November 30, 2011, the Department renewed that exemption through February 29, 2012. 4 The Department has since issued a show cause order tentatively granting Universal’s applications for certificates of public and convenience and necessity to engage in interstate and foreign charter air transportation of persons, property, as well as a final order awarding Universal’s interstate certificate. 5 Nevertheless, because the Department’s final order on issuance of Universal’s foreign charter certificate is subject to a statutory 60-day Presidential review period6 and its

2 See Order 2011-11-34 at 3. 3 Order 2011-8-19 at 3. 4 See Order 2011-11-34. 5 See Order 2012-1-35 at 1 (citing Order 2012-1-11). No answers nor objections were filed in response to the Department’s show cause order. See Dockets DOT-OST-2011-0150 and Dockets DOT-OST-2011- 0151. 6 See id. at n. 1.Renewal Application of Universal

Page 3 exemption authority allowing it to conduct foreign charter air transportation will expire in the interim, Universal requires the temporary renewal sought by this application. 2. The Company has operated the 16-seat BBJ as part of its extensive and worldwide charter operations, involving nearly a dozen other large cabin business jet aircraft7 with essentially the same characteristics, capability, and operational profile, and provided safe and reliable air transportation to its customers in doing so. Universal has a proven track record of more than 10 years of providing global air transportation solutions to private individuals and corporate personnel. As the Department concluded after reviewing Universal’s applications for interstate and foreign charter certificates, there is no question that the Company possesses the necessary experience and expertise to offer foreign charter service with the BBJ as part of its fleet. 8 3. Given its operational profile, the overwhelming majority of Universal’s BBJ charters are international in nature. The Company’s ongoing commitment to its customers and its obligations to provide charter service with the BBJ under its Management Agreement with the aircraft’s owner are also dependent on Universal’s ability to conduct foreign charters. Thus, the

7 Universal has 11 large cabin Gulfstream business jets, 1 mid-size Learjet and a Bell 430 executive helicopter listed on its FAA certificate. See http://avinfo.faa.gov/detail.asp?DSGN_CODE=UJ8A&OPER_FAR=135&OPER_NAME=UNIVERSAL+JET+AVIATION +INC

. 8 See Order 2012-1-11 at 2-4.Renewal Application of Universal

Page 4 same public interest rationale upon which the Department granted Universal relief in August and November continues to hold true today with respect to Universal’s foreign charter operations. 9 4. As the Department has recognized, the BBJ’s “owners pay most of the operating costs to Universal Jet...[and did] not include[e] them in [its] fitness determination.” 10 For that reason, there is little need for concern regarding an impact on Universal’s financial position as it was reviewed by the Department when it tentatively determined to award Universal a foreign charter certificate. 5. The Department’s recent renewal of the Company’s exemption authority was also based on “Universal Jet [having] submitted applications for the appropriate economic authority to operate the BBJ immediately upon being notified of the processing error in accepting registration of the BBJ under Part 298...[and its] good faith effort to comply with the laws and regulations governing its services.” 11 In light of the Company’s efforts to prosecute its certificate applications, the Department’s final order granting Universal’s interstate charter certificate, and the Department’s unopposed tentative decision to also grant the Company’s application for a foreign charter certificate, failure to grant this temporary renewal of Universal’s

9 See, e.g. , Order 2011-11-34 at 2 (“Because Universal Jet’s air taxi registration was inadvertently processed with the addition of the BBJ, Universal Jet reasonably believed that the BBJ qualified for air taxi service when placed in operation, and thus entered into contracts, including a long-term contract, for the use of this specific aircraft”). Universal will also maintain the BBJ’s current executive seating configuration and has no plans to operate the aircraft in a configuration that will ever exceed, nor come even close to, 60 seats. Indeed, the Company is not permitted to operate aircraft with more than 30 seats under the terms of its existing FAA air carrier certificate. See 14 C.F.R. § 110.3 (2011) (aircraft to be used in “on-demand” operations may have an actual passenger-seat configuration of not greater than 30 seats, excluding crewmember seats, and a payload capacity not exceeding 7,500 pounds). 10 Order 2012-1-11 at 5.

11 Order 2011-11-34 at 2.Renewal Application of Universal

Page 5 exemption authority until the Department is no longer statutorily prevented from finalizing its tentative decision would yield an incredibly unjust result. 6. Universal also requests that the Department shorten the period for answers to this application, so that answers are due no later than Monday, February 27, or act without waiting for answers, to enable Universal to continue to provide the foreign charter air transportation authorized by Order 2011-11-34. While the Department’s normal procedures would provide for an answer period of 15 days, good cause clearly exists for the Department to provide this relief under the circumstances presented. Nevertheless, Universal will conduct a poll of all carrier representatives listed on the service list to this application and immediately notify the Department of the results. WHEREFORE, Universal respectfully requests that the Department shorten the answer period and promptly renew Universal’s exemptionpendente lite from the provisions of Part 298of its Economic Regulations, thus permitting Universal to continue to operate one executiveconfigured Boeing Business Jet in foreign on-demand charter operations pending the Department’s action on Universal’s pending application for a certificate of public convenience and necessity to engage in foreign charter air transportation. Respectfully submitted, CROWELL & MORING LLP /s/ Gerald F. Murphy

____________________________________ Lorraine B. Halloway Gerald F. Murphy lhalloway@crowell.com gmurphy@crowell.com Counsel for Universal Jet Aviation, Inc.CERTIFICATE OF SERVICE

I certify that I have this date served the foregoing document on the following persons in accordance with the Department’s Rules of Practice. mlbenge@zsrlaw.com marshall.sinick@ssd.com jamestello@earthlink.com pmurphy@lopmurphy.com Jerry.Proenza-SR@faa.dot.gov Ken A. Day Airport Manager 3701 FAU Boulevard Suite 205 Boca Raton, FL 33431 Fax: (561) 391-2238 /s/ Gerald F. Murphy

__________________________________ Gerald F. Murphy February 21, 2012

DCACTIVE-17666574.1