OST-97-3000 / Haiti Aviation, S.A. d/b/a Air D'Ayiti (permit US-Haiti) / October 10, 1997
Application of
HAITI AVIATION, S.A. d/b/a AIR D'AYITI
For a Foreign Air Carrier Permit Pursuant to 49 U.S.C. §41302 (U.S.-Haiti)
APPLICATION OF
HAITI AVIATION, S.A. d/b/a AIR D'AYITI
FOR A FOREIGN AIR CARRIER PERMIT
Pursuant to 49 U.S.C. §41302 (formerly §402 of the Federal Aviation Act of 1958, as amended), and Part 211 of the Department's Economic Regulations, Haiti Aviation, S.A. d/b/a Air D'Ayiti ("Air D'Ayiti" or "Applicant") hereby submits its application for a foreign air carrier permit authorizing it to engage in scheduled foreign air transportation of persons, property anti 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. Applicant also respectfully requests authority to operate charter transportation between a point or points in Haiti and any point or points in the United States.
Air D'Ayiti respectfully requests that the Department accord this application and the
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accompanying exhibits expedited consideration under the nonhearing procedures set forth in Subpart Q of the Department's Procedural Regulations.
In support of its application and pursuant to the Department's Procedural Regulations, Air D'Ayiti submits the following information:
1. Air D'Ayiti is a privately owned corporation established under the laws of Haiti. See Articles of Incorporation, Exhibit ADA-9. The company's executive offices are located at Aeroport International Mais Gate, P.O. Box 13104, Port-au-Prince, Haiti.
2. The name and address of the competent air authority in Haiti is the National Office of Civil Aviation ("OFNAC"):
Office Nationale de L'Aviation Civile
BP 1346
Port-Au-Prince International Airport
Port-Au-Prince, Haiti
Telephone: (509) 46-0220/0420/2701/1389
Fax: (S09) 46-0998
3. 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-
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IV Exhibit ADA-8.
4. Air D'Ayiti is owned by citizens of Haiti and all members of the Board of Directors and all key management personnel, except for two, 1/ are citizens of Haiti. On May 7, 1997 and July 24, 1997, the National Office of Civil Aviation granted Air D'Ayiti authority to operate international scheduled and charter combination flights from 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. 2/
5. Air D'Ayiti was formed in order to increase the passenger
travel and shipping options in the U.S.-Haiti passenger and cargo
market. U.S. carriers have for many months he d total monopoly on
U.S.-Haiti scheduled operations. 3/ Air D'Ayiti will therefore
enhance the
1/ Ms. Tamara Baussan, Vice-President and Secretary of Air D'Ayiti, as well as a 30% shareholder in the corporation, is a citizen of Spain. Ms. Maria Silva, Vice-President Finance, is a citizen of Chile. To the extent necessary, Air D'Ayiti would request a waiver of the Department's ownership and control standards since there is nothing in the ownership and control of Air D'Ayiti which is inimical to U.S. aviation policy or interests.
2/ For many years, U.S. carriers have conducted U.S.-Haiti scheduled operations via beyond and intermediate points. E.g., United, Amerijet, Pan Am, etc.
3/ American currently operates three (3) daily A-300 wide-body flights in the MIA-PAP market, and one (1) daily A-300 wide-body flights in the NYC-MIA market. See OAG Desktop Guide, October 1997. United also offers four (4) weekly MD-80 flights in the MIA-PAP market pursuant to a code-share with ALM. Id. In addition, Amerijet provides daily B-727 freighter service in the MIA-PAP market and weekly B-727 freighter service in the SJU-PAP market. See OAG Air Cargo Guide, October 1997.
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existing scheduled passenger services by offering passengers and shippers from both Haiti and the United States a Haitian-flag carrier option in this highly traveled market, an option which has not been available for many months.
6. Air D'Ayiti is fit, willing, and able to provide the scheduled and charter service applied for herein. The officers, directors and key management personnel are all experienced in their respective fields, including asset management, passenger transportation, freight forwarding, and airline operations with both U.S. and Haitian carriers. Air D'Ayiti has sufficient assets ark -sound business plan which will enable it to provide high-quality service to the passengers and shippers in this market, and allow the owners of Air D'Ayiti a reasonable return on their investment. Submitted herewith in support of this application are Exhibits one (1) through sixteen (16), setting forth the information required by the regulations.
7. Air D'Ayiti plans to initiate operations with a wet leased B-727-200 combination aircraft. 4/ Details regarding the wet lessor and terms of the wet lease will be provided as soon as Air D'Ayiti completes the negotiations, and this application shall be amended at that time. 5/
8. There is no air services agreement between the United States and Haiti.
4/ As a new carrier from an
FAA-determined "Category III" country, Air D'Ayiti is
aware that it is not permitted to use its own aircraft and crews
in its operations to the U.S. and that in the conduct of its
operations, it will be required to wet lease aircraft and crew
from a qualified DOT-approved U.S. or foreign carrier.
5/ Further, Air D'Ayiti will ensure that the wet lessor will file the appropriate application for approval of a long-term wet lease pursuant to 14 C.F.R. §208.5.
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Nevertheless, aviation relations between the two countries are generally satisfactory and U.S. carriers currently hold a total monopoly on U.S.-Haiti air transportation. Principles of comity and reciprocity, therefore, strongly support granting Air D'Ayiti's request.
9. Because of the limited scope of its proposed operations, the issuance to Applicant of a foreign air carrier permit 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.
WHEREFORE, Haiti Aviation, S.A., d/b/a Air D'Ayiti respectfully requests that a final order be issued pursuant to Subpart Q and Rule 29(b) of the Department's Rules of Practice granting Applicant a Foreign Air Carrier Permit as requested and for such other, further, or different relief as may be proper.
Respectfully Submitted,
Pierre Murphy and Elizabeth Collins
Attorneys for Haiti Air, S.A. d/b/a Air D'Ayiti
October 10, 1997