BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. LONGTAIL AVTIATION INTERNATIONAL LIMITED Docket OST

Transcription

1 BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C..., I I _,,.- ~ I ~ ~ i Application of LONGTAIL AVTIATION INTERNATIONAL LIMITED Docket OST for renewal of an exemption under 49 U.S.C. section APPLICATION FOR RENEWAL OF AN EXEMPTION FILED BY LONGTAIL AVIATION INTERNATIONAL LIMITED Communications with respect to this document should be sent to: Limited Martin S. Amick Head of Flight Operations Longtail Aviation International #6, Southside Road St. Davids Parish DD03 Bermuda Telephone Fax Date: 18 December 2011 Interested persons have 15 days from the date this application is filed with the Department to file answers.

2 BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of LONGTAIL AVIATION INTERNATIONAL LIMITED Docket OST for an exemption for one year under 49 U.S.C. section RENEWAL APPLICATION FOR AN EXEMPTION FILED BY LONGTAIL AVIATION INTERNATIONAL LIMITED 1) The name and address of the Applicant are as follows: Longtail Aviation International Limited #6, Southside Road St. Davids Parish DD03 Bermuda. The Applicant is a "company limited by shares" organized under the laws of Bermuda. (A "company limited by shares" is the Bermuda equivalent of a U.S. C corporation). 2) The name and address of government air transport authority having jurisdiction over Applicant is: Bermuda Department of Civil Aviation P.O. Box GE 218 St. George's DDBX Bermuda The Applicant's principal Flight Operations Inspector is Inspector Peter N. Adhemar, who can be reached via at pnadhemar@gov.bm, and by telephone at ) The Applicant has been conducting on-demand, passenger charter operations between Bermuda and the United States and Fifth Freedom charters subject to prior approval under 14 CFR Part 212. The Applicant uses business jets in its operation, but has not used and does NOT propose to use any aircraft having more than 19 passenger seats. The Applicant anticipates that the majority of its operations will continue to originate in Bermuda, and will involve the carriage of private individuals or

3 small groups from Bermuda to one or more destinations within the United States. The Applicant will not conduct operations in violation of U.S. cabotage rules. The operations that the Applicant conducts are not encompassed by a bilateral Agreement. However, a large number of U.S. carriers operating under 14 C.F.R. Part 135 conduct similar operations from the United States to Bermuda. The government of Bermuda does not prohibit, regulate or restrict these operations. Thus it is the case that this application is supported by adequate reciprocity. The Applicant seeks an exemption for at least one year under 49 u.s.c ) The Applicant currently has Part 129 Operations Specifications in effect with the U.S. Federal Aviation Administration issued through and maintained by the New York International Field Office, Bldg.. 75, Room 238, JFK International Airport, Jamaica, New York, The Applicant's Foreign Air Carrier (Part 129) Designator and Operations Specifications Number are: L64F102F. 5) Names, addresses and citizenship of all directors, officers, and key management personnel remain unchanged except as set forth in the following table: Key Management Personnel Appointed Since Applicant's Last Filing Residence Business Cit. Person Name Position Address Address Replaced 26 Knapton Hill Rober Chairman I #6 Southside Rd Smiths FLOS Flagstone Mulderig Owner St. Davids Bermuda Bermuda 6) The names and citizenship of stockholders and percentages owned have changed, and control of the Company has changed, as follows: One hundred percent of the Company is now owned by Longtail Leasing Services Limited, A Bermuda Company limited by shares which is wholly owned by the Kindly Field Trust., a Berrmuda Trust for the benefit of Mr Mulderig's family. 7) The Applicant has in effect liability insurance which meets or exceeds the Department of Transportation insurance requirements as delineated in 14 C.F.R. Part 205. A copy of OST Form 6411 (which has been completed by the Applicant's insurance broker) is attached to this filing. The original has been filed with the FAA/AFS-260.

4 8) Applicant conducts Public Transport Operations pursuant to operating authority issued to Applicant by the Bermuda Department of Civil Aviation, which authority is currently in effect in the form of Air Operator Certificate Number BDA/AOC/0104, which was originally issued in December of 2004, and was renewed on 1 April This operating authority is currently valid through 31 March 2012, although Applicant expects its governmental authority to reissue certificate prior to that date with a new expiration date of March 31, A copy of the current Air Operator Certificate is attached. 9) Applicant has had no safety violations and has not defaulted on any transportation commitments in past three years. Applicant has never been the subject of a bankruptcy proceeding. 10) A list of aircraft owned, leased and operated is presented in the following table, including each aircraft's registration number and country of registration. Applicant currently has no plans to acquire or lease additional aircraft and/or to wet lease any aircraft. Aircraft Owned, Leased and Operated by the Applicant Registration Country of Aircraft Status tes Number Register Dassault Leased from VP-BMB Falcon 900B IAL Leasing Ltd. and Osed for Operated by private ops Bermuda Longtail and public Aviation transport. International Limited (Applicant). IAL Leasing Ltd. is a Bermuda company limited by shares having a mailing address at Suite 224, 12 Church Street, Hamilton, HMll, Bermuda. IAL Leasing Ltd. is a citizen of Bermuda.

5 Aircraft Owned, Leased and Operated by the Applicant Registration Country of Aircraft Status tes Number Register Dassault Leased from VQ-BZZ Falcon 900B Argo Management Used for and Operated private ops Bermuda by Longtail and public Aviation transport. International Limited (Applicant). Argo Management Services, Inc. is a Bermuda company limited by shares having a mailing address at #6 Southside Road St. Davids, Bermuda. Argo Management Services is a citizen of the United States. Aircraft Aircraft Owned, Leased and Operated by the Applicant Registration Number Country of Register Status tes Cessna Citation Leased from VQ-BFT SII Longtail Citation Holdings Used for Limited and private ops Bermuda Operated by and public Longtail transport. Aviation International Limited (Applicant). Longtail Citation Holdings Limited is a British Virgin Island company limited by shares having a mailing address at 42 Church Street, Hamilton, HMMX, Bermuda. Longtail Citation Holdings Limited is a citizen of the British Vergin Islands.

6 11) All equipment operated by the Applicant has fewer than 60 seats and has a payload capacity smaller than 18,000 pounds. 12) Applicant is specifically invoking the automatic-extension provisions of the Administrative Procedure Act, 5 USC 558 sub c, as implemented by 14 CFR Part 377, to keep Applicant's exemption authority in effect pending final action by the Department on this renewal request. Submitted by: Limited Longtail Aviation International Date: 18 December 2011 Martin S. Amick Head of Flight Operations (NOTE: SEND APPLICATION AND 7 COPIES TO: USDOT, DOCUMENTARY SERVICES (M-30), Rm Plaza 401, 400 SEVENTH STREET SW, WASHINGTON, DC There is no filing fee for companies of political dependencies of the United Kingdom.) YOU MUST FILE THE APPLICATION WITH DOCUMENTARY SERVICES

7 Attachments: Copy of OST Form 6411 Copy of Applicant's Air Operator Certificate

8 AGENCY DISPLAY OF ESTIMATED BURDEN The public reporting burden for this collection of infonnation is estimated to average 30 minutes per response. if you wish to comment on the accuracy of the estimate or make suggestions for reduclng this burden, Qlease direct your comments to the U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW., Washington, D.C According to the P~rwork Reduction Act of 1995, no persons are required to respond to a collection of Information unless It displays a valid OMB control number. FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY OMB Expires FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS 260, 800 Independence Ave. S.W., Washington, D.C (see EXCEPTION below.) EXCEPTION: If section 2A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. Department of Transportation, Special Authorities Division (X-46}, 400 7th Street, SW, Washington, D.C (Please type information, except signatures.) THIS CERTIFIES THAT: FEDERAL INSURANCE COMPANY- BY: STARR AVIATION AGENCY, INC. {Name of Insurer) has issued a policy or policies of Aircraft Liability Insurance to LONGTAIL AVIATION INTERNATIONAL LIMITED 6 SOUTHSIDE ROAD, ST. GEORGE'S PARISH, DD03, BERMUDA FAA Certificate Number L64F102F (Name, address and FAA Certificate number of insured Foreign Air Carrier) effective from DECEMBER 10, 2011 until ten (1 0) days after written notice from the insurer or carrier of the intent to terminate coverage is received by the Department of Transportation. NOTE: Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a date is unacceptable. 1. The Insurer (Check One}: 0 Is licensed to issue aircraft insurance policies In the United States; IX] is licensed or approved by the government of..b.._e.ur... M..,_l u.ld.u:a"-- to Issue aircraft Insurance policies; or 0 is an approved surplus line Insurer In the State(s) of 2. The Insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the following during operation, maintenance, or use of aircraft In "foreign air transportation" as that term Is defined in 49 U.S.C (Complete applicable sectlon(s) below): A. CANADIAN CHARTER AIR TAXI OPERA TORS WITH PART 294 AUTHORITY ONLY The aircraft covered by this policy have: (1) 30 or fewer passenger seats or with a maximum payload capacity of 7,500 pounds or less; and/or {2) a max1mum authorized takeoff weight on wheels of no more than 35,000 pounds). {Check separate or combined coverage as appropriate): 0 Separate Coverages: Minimum limit Policy. Type of Liability Each Person Combined Bodily Injury {Excluding Passengers $ 75,000 other than cargo attendants) and Property Damage Liability Passenger Bodily Injury $ 75,000 Each Occurrence $2,000,000 (See te) $ 75,000 x 75% of total number of passenger seats tnstahed In the aircraft. 0 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. Policy Amount of Coverage u.s. Dollars 0 This policy covers CARGO operations only and excludes passenger liability insurance... NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 pounds, the minimum limit per occurrence shall be $20,000,000. OST FORM 6411

9 AIR OPERATOR CERTIFICATE UNITED KINGDOM GOVERNMENT C f BERMU DA Ministry of Transport of Civil Aviation AOC Number BDA/AOC/0104 Expiry Date 31 March 2012 BERMUDA Longtail Aviation International Limited 6 Southside Road St. George's Bermuda 0002 Tel: Fax: E:.com GOVE RNM ENT Of BER MUOP. Ministry oftranspon of Civil Aviation Operational Points of Contact Contact details, at which operational management can be contacted without undue delay are listed in Longtail Aviation Operations Manual Part A Section 1.2. This certificate certifies that Longtail Aviation International Limited is authorized to perform commercial air operations as defined in the attached operations specifications, in accordance with the operations manual and the Air Na s Territories) Order 2007 as amended. Date of issue: lst Apri12011 Chris Pearce CONDITIONS: 1. Operations conducted under this Certificate are subject to the limitations and conditions shown in the Operations Specifications which form part of this Certificate; and 2. The Operator continues to meet the requirements of OTAR Parts 119 and 121 in respect of the operation to which this Certificate relates; and 3. The Operator holds any additional approvals which may be required by virtue of the circumstances and type of operation conducted, airspace within which the operation is conducted or to meet any other requirement; and 4. Subject to compliance with the foregoing conditions, this Certificate shall remain valid from the date of issue until the date of expiry unless the approval is surrendered, superseded, suspended or revoked. Longtail Aviation International Limited. BDA/AOC/0104 DCA Form 9002A

10 OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) BERMUDA DEPARTMENT OF CIVIL AVIATION CONTACT DETAILS Tel: Fax: AOC : BDA/AOC/0104 Operator name: Longtail Aviatiommational Limited Date: 1 51 April2011 Signature: ~ c ' Aircraft model: F900 Registration(s): VP-BMB Types of Operation: Commercial Air Transport - Passengers Areas of operation: Worldwide between deg. rth and deg. South. Special limitations: SPECIAL AUTHORIZATIONS Y/N SPECIFIC APPROVALS REMARKS Dangerous Goods Low visibility operations: Approach and landing CAT I DH 200ft. RVR 550 m. Take-off RVR 150m. RVSM All regions BDA/NAV/340 ETOPS N/A Navigation Specs. for PBN PRNAV(RNP1);RNP-5; RNAV-10 BDA/NAV/340 MNPS BDAINA V/340 RNP APCH BOCA PAVE/611 Continuing Airworthiness XXX BDAIAM0/241 Steep Approach EGLC; LSGS UseofEFB Use of MEL MEU340 Longtail Aviation International Limited. BDA/AOC/0104 DCA Form 9002A

11 OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) BERMUDA DEPARTMENT OF CIVIL AVIATION CONTACT DETAILS Tel: Fax: AOC : BDA/AOC/0104 Operator name: Longtail Aviation International Limited Date: 1 51 Apri12011 Signature: ~~ c_.-..1 Aircraft model: F900 Registration(s): VQ-BZZ Types of Operation: Commercial Air Transport- Passengers Areas of operation: Worldwide between deg. rth and deg. South. Special limitations: SPECIAL AUTHORIZATIONS YIN SPECIFIC APPROVALS REMARKS Dangerous Goods low visibility operations: Approach and landing CAT I DH 200ft. RVR 550 m. Take-off RVR 150m. RVSM All regions BDAINAV/368 ETOPS N/A Navigation Specs. for PBN PRNAV(RNP1 );RNP-5; RNAV-10 BDAINAV/368 MNPS BDAINAV/368 RNPAPCH BOCA PAVE/611 Continuing Airworthiness XXX BDAIAM0/241 Steep Approach Use of EFB Use of MEL MEU277 Longtail Aviation International Limited. BDA/AOC/0104 DCA Form 9002A

12 OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) BERMUDA DEPARTMENT OF CIVIL AVIATION CONTACT DETAILS Tel: Fax: AOC : BDA/AOC/0104 Operator name: Longtail Aviation International Limited Date: 1st April 2011 Signature: ~~ c----1 Aircraft model: C550 Registration(s): VQ-BFT Types of Operation: Commercial Air Transport - Passengers Areas of operation: Worldwide between deg. rth and deg. South. Special limitations: SPECIAL AUTHORIZATIONS YIN SPECIFIC APPROVALS REMARKS Dangerous Goods Low visibility operations: Approach and landing CAT I DH 200ft. RVR 550 m. Take-off RVR 150m. RVSM ETOPS All regions BDAINA V/369 Navigation Specs. for PBN RNAV-5; RNAV-10 BDA/NAV/369 MNPS BDAINA V/369 RNPAPCH Continuing Airworthiness XXX BDA/AM0/241 Steep Approach Use ofefb Use of MEL MEU276 Longtail Aviation International Limited. BDA/AOC/0104 DCA Form 9002A