ost95758 - Haiti National Airlines

OST-95-758

Haiti National Airlines

OST-95-758 | Posted September 25, 1997

Notice of Action

Exemption from 49 U.S.C. §41301 to conduct scheduled foreign air transportation of persons, property and mail between Port-au-Prince, Haiti, and the terminal points Miami and Fort Lauderdale, Florida; New York, New York; and San Juan, Puerto Rico; and authority to perform charters subject to Part 212 of our rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U. S. or foreign air carrier.

Counsel: Allan Mendelsohn

Haiti National Airlines

OST-95-758 | September 3, 1998

Application for Renewal of Exemption Authority Under Section 40109(c) of the Act

HNA is currently authorized to perform scheduled services, under wet leased arrangements with a duly authorized and properly supervised U. S. or foreign air carrier, of persons, property and mail, between Port au Prince, Haiti, on the one hand, and Miami and Ft. Lauderdale, New York, and San Juan, on the other hand.

Service List

Counsel: Mendelsohn Szymkowicz, Allan Mendelsohn, 202.778.1233

Haiti National Airlines

OST-95-758

September 15, 1998

Answer of Amerijet International

Exemption, All-Cargo, Haiti-US

Amerijet has been unsuccessful in convincing the Government of Haiti to change its practice and grant Amerijet unlimited frequencies and intermediate point authority in the U.S.~Haiti market. Neither has the Government of Haiti ever explained to Amerijet the basis for its restrictive policy toward frequencies and intermediate point authority. As a result, we respectfully request the Department's intervention and assistance. In the meantime, we also respectfully request the Department to defer acting on any request of any Haitian carrier applicant presently pending before it, including, most notably, the application of Haiti National Airlines pending in Docket OST-95-758.

Counsel: Seeger Potter, John Richardson, 202-496-1234

Haiti National Airlines

OST-95-758

September 18, 1998

Reply of Haiti National Airlines (HNA) to the Answer and Objections of Amerijet International, Inc. to HNA's Request to Renew its Exemption Authority

Haiti-US

HTML

It is a fact that the vast majority of air services between the United States and Haiti are operated by U. S. carriers. To our knowledge, there is not a single Haitian passenger carrier yet operating in the market, and the only Haitian cargo carrier operating in the market can provide its services only through wet leased aircraft that are not regularly available and that thus make the service random at best. So far as we are aware, moreover, American Airlines currently operates a once daily service between Haiti and New York and a three times daily service between Haiti and Miami. Using A-300s, as it does, American has and provides very substantial cargo capacity in the U.S. - Haiti market. Indeed, American Airlines alone probably accounts for as much as 80% of the passengers and cargo carried between the two countries. With its daily frequency using 727s, Amerijet probably accounts for most of the remainder of the cargo capacity. It is roughly estimated that the single operating Haitian cargo carrier accounts for no more than 5: of the cargo market if that; and, as stated, there are no Haitian passenger carriers at all at the present time. Given these conditions, it can hardly be argued, seriously, that the renewal of Haiti National's exemption authority should be denied or held hostage until Amerijet can operate more than its daily frequency and via more than its currently held three intermediate points.

Counsel: Mendelsohn Szymkowicz, Allan Mendelsohn, 202.778.1233

Haiti National Airlines

OST-95-758

October 1, 1998

Motion and Further Response of Amerijet International, Inc.

U.S. - Haiti

HTML

As noted in Amerijet's Answer, the Government of Haiti has consistently refused to permit Amerijet to operate the full level of service the market requires. Recently, the Government of Haiti has limited Amerijet's service to one operation per day. Similarly, the Government of Haiti has not permitted Amerijet to complement its service to and from Haiti with service-to all the third-country points Amerijet has sought to serve. Rather, the Government of Haiti has limited the number of such third-country points to three. Amerijet has repeatedly asked the Government of Haiti for broader authority -- in terms of frequencies and thirdcountry points -- but its requests have been denied. Significantly, the Government of Haiti has never explained the basis for its denial.

Counsel: Seeger Potter, John Richardson, 202.496.1234

Haiti National Airlines

Order 98-10-30
OST-95-758

Issued and Served October 28, 1998

Order

Exemption, Port-au-Prince-Miami/Fort Lauderdale/New York/San Juan

This is not to say that we are unmindful of Amerijet's concerns. However, while Amerijet has referred generically to its attempts to obtain broad, open authority from Haiti, it has not cited the precise details of any specific instance where it has applied for, and where the Haitian Government has denied, an Amerijet request to operate additional services. That being the case, we cannot conclude that Amerijet's assertions of inadequate reciprocity rise to a demonstrable level warranting withholding renewal of HNA's request. Having said that, we are fully prepared to assist Amerijet in the future should it be unable to obtain Haitian approval of a specific service it wishes to operate in the U.S.-Haiti market. In the meantime, though, we do not believe in the circumstances presented that withholding renewal of existing authority from HNA would serve to advance the public interest.

By: Charles Hunnicutt

Haiti National Airlines

OST-95-758	October 7, 1999	Application for Renewal of Exemption	Port-au-Prince-Miami/Fort Lauderdale/New York/San Juan
		Service List

Haiti National has held Department exemption authority since 1987, and is currently authorized to perform scheduled services, under wet leased arrangements with a duly authorized and properly supervised U. S. or foreign air carrier, of persons, property and mail, between Port au Prince, Haiti, on the one hand, and Miami and Ft. Lauderdale, New York, and San Juan, on the other hand. This authority was last renewed by the Department on October 28, 1998 in Order 98-10-30. As its authority is scheduled to expire on October 28, 1999, Haiti National herewith respectfully requests that such authority be renewed.

Because of circumstances beyond Applicant's control, Applicant has not been able actively to use the authority granted to it under the most recent renewal. The wet lease arrangement that Applicant was negotiating and anticipated would be concluded earlier this year was not concluded - for reasons having nothing to do with Applicant's continued fitness nor with Applicant's willingness to enter into such arrangements. Nevertheless, Applicant is right now in the midst of working out new and different wet lease arrangements and is hoping that those arrangements will shortly be concluded so that Applicant will be able then to resume scheduled air services under circumstances that comply with the Department's applicable requirements. Sometime in the future, moreover, Applicant hopes that, with proper oversight, it will also be able to demonstrate the necessary qualifications to allow it to operate its own aircraft in its own right. In the meantime, however, Applicant's management, ownership, and other corporate aspects remain basically the same as they were when the last renewal was sought and granted. In all respects, therefore, Applicant continues to be fit, willing, and able to provide the services that are the subject of this application.

Counsel: Mendelsohn Szymkowicz, Allan Mendelsohn, 202.778.1233

Haiti National Airlines

OST-95-758

June 25, 2002

Notice of Action Taken

Port-au-Prince-Miami/Fort Lauderdale/New York/San Juan

By: Paul Gretch