Order 2012-2-22

Served: February 29, 2012 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 29th day of February, 2012

Application of

UNIVERSAL JET AVIATION, INC.

for an exemption from the provisions of 14 CFR 

Part 298 

Docket DOT-OST-2011-0152

ORDER GRANTING EXEMPTION

Summary

By this order, we grant a renewal of the limited exemption to Universal Jet Aviation Inc.

(“Universal Jet”), from the provisions of 14 CFR Part 298 (“Part 298”) of the Department’s

Economic Regulations, to the extent necessary to allow the air carrier to operate through April 3, 

2012, a certain executive-configured Boeing 737 aircraft, commonly called a Boeing Business 

Jet (“BBJ”), in foreign on-demand air transportation.

Background 

Universal Jet is a corporation organized under the laws of the State of Florida. The air carrier, 

headquartered in Boca Raton, Florida, has operated as an air taxi under Part 298 since 1999, and 

holds a Part 135 Federal Aviation Regulation (“FAR”) operating certificate from the Federal 

Aviation Administration (“FAA”). It operates a fleet of 11 Gulfstream business jets, one Learjet, 

and one Bell helicopter. Universal Jet is also authorized to operate a BBJ in interstate charter 

passenger operations. The air carrier is a U.S. citizen and its sole shareholder and President, 

Mr. Michael McCauley, is a U.S. citizen. 

On August 15, 2011, Universal Jet filed an application in the subject docket requesting a

pendente lite exemption from Part 298 to allow it to operate one executive configured BBJ,

1

 1 Normally, aircraft with only 16 seats would not require certificate authority since such aircraft generally qualify 

as “small” aircraft that can be operated under the Part 298 air taxi exemption. However, the BBJ, which is a 

modified B-737, and other similar sized aircraft are “large” aircraft, i.e., aircraft originally designed to have a 

maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds, 

which do not qualify for the air taxi exemption. Thus, Universal Jet applied for the exemption authority at issue 

here.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

registration number N920DS, in on-demand charter operations pending the Department’s action 

on its contemporaneously filed applications for interstate and foreign passenger charter 

certificate authority.

2

 The Department granted the exemption on August 17, 2011, allowing the 

air carrier to operate through the end of November 2011.3

On November 20, 2011, Universal Jet applied for a renewal to the above mentioned exemption 

in order to continue to meet ongoing commitments to its charter customers while its application 

for certificate authority was pending Department approval.4 The Department renewed the 

90-day exemption on November 30, 2011, allowing the air carrier to operate until February 29, 

2012.

By Order 2012-1-35, issued January 31, 2012, the Department found the company fit to provide 

interstate and foreign passenger charter air transportation and issued to it a certificate of public 

convenience and necessity to engage in interstate charter air transportation of persons, property, 

and mail. In that order, the Department noted that the issuance of a foreign charter certificate is 

subject to Presidential review under 49 U.S.C. §41307 and will be handled in a separate order. 

Request for Renewal

On February 21, 2012, Universal Jet applied for a renewal of its limited exemption to the extent 

necessary to allow it to continue to provide foreign on-demand air transportation using one BBJ. 

In support of its request, the company states that while the Department recently found Universal 

Jet fit on January 31, 2012, to operate interstate and foreign charter air transportation, the 

issuance of its foreign certificate is subject to a mandatory 60-day Presidential review period, 

which is beyond the term of its current exemption. In addition, Universal Jet asserts that 

extending the relief requested is in the “public interests of preserving contract sanctity and 

providing service options for passengers...”5

 Moreover, Universal Jet states that absent a 

renewal of its current exemption, its authority to conduct foreign charter operations will expire 

on February 29, 2012. 

Also in its renewal request, Universal Jet requested, in the alternative, that the Department either 

shorten the period for answers to the subject application from March 7 to February 27, 2012 or 

act without waiting for answers.

6

 The air carrier notified the Department on February 23, 2012, 

that it had polled and received non-objections from interested parties. 

 2 See Dockets DOT-OST-2011-0150 and DOT-OST-2011-0151. 3 See Order 2011-8-19. 4 In the same docket, Universal Jet filed a Motion to shorten the answer period, requesting that answers to its 

exemption request be filed no later November 28, 2011. By Notice dated November 22, 2011, the Department 

granted the air carrier’s request. 

5 See Application of Universal Jet for Renewal of Pendente Lite Exemption and Motion to Shorten Answer 

Period, dated February 21, 2012, at 2.

6 In light of the fact that there are no objections to this request, and Universal’s prior requests were similarly 

unopposed, and the extension expires on Feb 29, we are acting without waiting for answers.
3

Decision

We have determined that it is consistent with the public interest to grant a renewal of the limited 

exemption to Universal Jet from the provisions of Part 298 so that it may continue to conduct 

foreign on-demand charter operations using the BBJ previously accepted on its FAA Operations 

Specifications for a limited period.

7

 We have issued a final order finding Universal Jet fit to 

engage in interstate and foreign charter air transportation and the renewal of this exemption is 

meant to allow Universal Jet to continue to provide foreign charter air transportation pending the 

mandatory 60-day Presidential review period. We note that we received no objections to our 

earlier actions to provide Universal similar relief, and point out the temporary nature of this 

exemption and the fact that the exemption is limited to the specific aircraft involved, registration 

number N920DS. We also note that Universal Jet should not construe our grant of this renewal 

of its exemption as a decision to make final or effective the related applications for certificates of 

public convenience and necessity or any aspect of those applications. 

ACCORDINGLY,

1. We grant Universal Jet Aviation, Inc., a renewal of its existing exemption from the 

provisions of 14 CFR Part 298 to the extent necessary to enable it to operate through April 3, 

2012, an executive-configured Boeing 737 aircraft, registration number N920DS, in foreign ondemand operations.

2. We may amend, modify, or revoke this order at any time and without hearing.

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

By:

SUSAN L. KURLAND

Assistant Secretary

for Aviation and International Affairs

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

http://www.regulations.gov

 7 The grant of exemption in this case does not limit the number of small, non-BBJ aircraft Universal Jet may use 

in its operations.
SERVICE LIST FOR

UNIVERSAL JET AVIATION, INC 

 

ATTACHMENT A

MR MICHAEL MCAULEY

PRESIDENT

UNIVERSAL JET AVIATION INC

3700 AIRPORT ROAD

SUITE 204

BOCA RATON FL 33431

MR JERRY PROENZA

FEDERAL AVIATION ADMINISTRATION

 PRINCIPAL OPERATIONS INSPECTOR

SOUTH FLORIDA FSDO

2895 SW 145TH STREET

 SUITE 120

 MIRAMAR FL 33027

REGIONAL COUNSEL

FEDERAL AVIATION ADMINISTRATION

SOUTHERN REGION

PO BOX 20636

ATLANTA GA 30320 

MR GERALD F MURPHY

MS LORRAINE B HALLOWAY

CROWELL & MORING LLP

1001 PENNSYLVANIA AVENUE NW

WASHINGTON DC 20004

MR KEN DAY

AIRPORT MANAGER

 3701 FAU BOULEVARD

 SUITE 205

 BOCA RATON FL 33431

MR PIERRE MURPHY

1200 NEW HAMPSHIRE AVE NW

SUITE 800

WASHINGTON DC 20036

MR MALCOLM BENGE

888 SEVENTEENTH ST NW

SUITE 700 

WASHINGTON DC 20006

OFFICE OF AIRLINE INFORMATION

DEPARTMENT OF TRANSPORTATION

1200 NEW JERSEY AVE SE

 WASHINGTON DC 20590

MR JAMES TELLO

PO BOX 66824

WASHINGTON SQUARE STATION

WASHINGTON DC 20035

MR MARSHALL SINICK

1201 PENNSYLVANI AVE NW

SUITE 500

WASHINGTON DC 20004

 MR PETER LYNCH

 ASST CHIEF COUNSEL FOR 

 ENFORCEMENT AGC-300

 FEDERAL AVIATION ADMINISTRATION

 800 INDEPENDENCE AVENUE SW

 WASHINGTON DC 20591