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Order 2016-5-2 - Delux Public Charter - Final Order - Intra-US Commuter Authority
Issued and Served May 2, 2016
By Order 2016-4-13, issued April 15, 2016, the Department directed all interested persons to show cause why we should not make final our tentative findings and conclusions that Delux Public Charter, LLC is a citizen of the United States and is fit, willing and able to conduct scheduled passenger operations as a commuter air carrier using small aircraft pursuant to 14 CFR Part 135 of the Federal Aviation Regulations. Interested persons were given 5 business days to file objections to the order. No objections to the show cause order were received.
In Order 2016-4-13, the Department stated that Delux’s authority to conduct operations as a commuter air carrier would not become effective until the Department received (1) a copy of Delux’s Air Carrier Certificate and Operations Specifications from the Federal Aviation Administration authorizing such operations, (2) evidence of liability insurance coverage that meets the requirements of 14 CFR 205.5(b) for its aircraft, (3) a statement of any changes it had undergone in areas affecting its fitness subsequent to the issuance date of the Show Cause Order in this case (Order 2016-4-13), and (4) updated financial information and evidence that the air carrier still had available funds sufficient to meet the Department’s financial fitness criteria.
On April 26, 2016, Delux provided the information necessary to receive effective authority. Specifically, Delux provided updated financials, a copy of its limited liability insurance (OST Form 6410) meeting the requirements of 14 CFR 205.5 (b), evidence of operating authority from FAA, and third-party verification of its financial resources.
We find that Delux Public Charter, LLC is fit, willing, and able under 49 USC § 41738 to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. We issue a Commuter Air Carrier Authorization to Delux Public Charter, LLC subject to the Terms, Conditions and Limitations attached.
By: Susan McDermott