OST-97-2999 / Haiti Aviation, S.A. d/b/a Air D'Ayiti (exemption to engage in scheduled air transport of persons, property and mail US-Haiti) / October 10, 1997

Application of

For an Exemption to Engage in Scheduled Air Transportation of Persons, Property and Mail Pursuant to 49 U.S.C. §41301 U.S.- Haiti

Pursuant to 49 U.S.C. §41301 and the Economic Regulations of the Department of Transportation ("DOT"), Haiti Aviation, S.A. d/b/a Air D'Ayiti ("Air D'Ayiti" or "Applicant") hereby applies for exemption authority to the extent necessary to permit Air D'Ayiti to engage in scheduled foreign air transportation of persons, property and mail between the co-terminal points Miami, FL, San Juan, PR, and New York, NY, on the one hand, and Port-Au-Prince, Haiti, on the other hand, and beyond to Santo Domingo, Dominican Republic; Caracas, Venezuela; Isla Margarita, Venezuela; Pointe-a-Pitre; Fort-de-France; Curacao; and Aruba. Air D'Ayiti also applies for authority to operate charter transportation between a point or points in Haiti and any point or points in the United States.

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In support of its application and pursuant to the Department's Procedural Regulations. Air D'Ayiti submits the following information:

1. By a companion application dated October 10, 1997, Air D'Ayiti has applied for the issuance of a §402 Foreign Air Carrier Permit to enable Air D'Ayiti to engage in scheduled foreign air transportation of persons, property and mail between Haiti and the United States and beyond to the points set out above. Air D'Ayiti is fit, willing, and able to operate the scheduled combination services it proposes herein. Air D'Ayiti's §402 application contains all the necessary information required by the DOT to evaluate Air D'Ayiti's qualifications to operate the scheduled combination service for which exemption authority is requested herein, and Air D'Ayiti hereby incorporates its §402 Permit application in this application. Thus, the DOT has all of the information necessary to determine this application for exemption authority.

 

2. Applicant seeks a foreign air carrier permit authorizing it to provide scheduled and charter combination foreign air transportation between Haiti and the United States, and beyond to the points set out above. By Official Communication dated April 28, 1997, OFNAC Permit dated May 7, 1997, and Addendum dated July 24, 1997, the government of Haiti granted Air D'Ayiti the authority requested herein. See Le Moniteur, April 28, 1997, No.33-A, pp. III-IV, Exhibit ADA-8. Pursuant to 49 U.S.C. §41301, prompt grant of the exemption authority sought herein is consistent with the public interest. Upon grant of the authority requested herein, Air D'Ayiti plans to commence U.S.-Haiti scheduled combination operations.

 

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3. Air D'Ayiti plans to initiate operations with a wet leased B-727-200 combination, aircraft. 1/ Details regarding the wet lessor and terms of the wet lease will be provided as loon Air D'Ayiti completes the negotiations, and this application shall be amended at that time. 2/

 

4. There is no air services agreement between the United States and Haiti. Nevertheless, aviation relations between the two countries are generally satisfactory, and the principles of comity and reciprocity support granting Air D'Ayiti's request. Approval of this application is therefore consistent with the public interest.

 

5. Because of the limited scope of its proposed operations, the issuance to Applicant of exemption authority will not constitute a "major federal action significantly affecting the quality of the human environment" within the meaning of §102(2)(c) of the National Environmental Policy Act or a "major regulatory action" under the Energy Policy and Conservation Act.

1/ As a new carrier from an FAA-determined "Category III" country, Air
D'Ayiti is aware that in the conduct of its operations, it will be required to wet lease from a qualified DOT-approved U.S. or foreign carrier.

2/ Further, the wet lessor will file the appropriate application pursuant to 14 CFR §212.4(b)(2) or 208.5, whichever is applicable.

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Air D'Ayiti respectfully requests that the Department shorten the period for which answers may be filed to this application from fifteen (15) days to seven (7), or to October 17, 1997. Air D'Ayiti is a newly-formed company which would like the authority to operate from Haiti to the U.S. as soon as possible. For the past several months, there has been no Haitian-flag presence in the market, and Air D'Ayiti would like to bring back competition to the U.S. airlines currently operating in this market. All parties to this exemption application will be served by facsimile transmission, thereby ensuring prompt receipt of this application, and ample time to respond. Therefore, no party would be prejudiced by the shortening of this answer period. All U.S. carriers will be polled for their position.

WHEREFORE, Haiti Aviation, S.A., d/b/a Air D'Ayiti respectfully requests that the Department issue an exemption, to the extent necessary, to authorize it to engage in scheduled foreign air transportation of persons, property and mail between the co-terminal points Miami, FL, San Juan, PR, and New York, NY, on the one hand, and Port-Au-Prince, Haiti, on the other hand, and beyond to Santo Domingo, Dominican Republic; Puerto Plata, Dominican Republic; Caracas, Venezuela; Isla Margarita, Venezuela; Pointe-a-Pitre; Fort-de-France; Curacao; and Aruba. Air D'Ayiti also requests that the Department shorten the answer period and require that answers to this application be filed by October 17, 1997. In the alternative, Air D'Ayiti requests

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such other, further, or different relief as the Department may deem necessary and proper.

Reply Submitted,

Pierre Murphy and Elizabeth Collins
Attorneys for Haiti Air, S.A. d/b/a Air D'Ayiti

October 10, 1997