BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Transcription

1 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of Helicopteros Dominicanos, S.A Docket DOT-OST for a foreign air carrier permit pursuant to 49 U.S.C and exemption authority Pursuant to 49 U.S.C (U.S.-Dominican Republic) APPLICATION OF HELICOPTEROS DOMINICANOS, S.A. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY Communications with respect to this document should be sent to: Thomas E. Stuckey Vice President, Business and Commercial Aviation JDA Aviation Technology Solutions Office: (301) ext. 210 Cell: (817) tstuckey@jdasolutions.aero U.S. Agent of Service January 30, 2012

2 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of Helicopteros Dominicanos, S.A Docket DOT-OST for a foreign air carrier permit pursuant to 49 U.S.C and exemption authority Pursuant to 49 U.S.C (U.S.-Dominican Republic) APPLICATION OF HELICOPTEROS DOMINICANOS, S.A. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY Pursuant to 49 U.S.C , and Part 211 of the Economic Regulations of the Department of Transportation, Helicopteros Dominicanos, S.A. ( HELIDOSA ) applies for a foreign air carrier permit and exemption authority to engage in (i) charter foreign air transportation of persons and property between points in the Dominican Republic and points in the United States and beyond, with or without stopovers, and (ii) Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part 212 of the Department's Economic Regulations. HELIDOSA requests that the Department process this application pursuant to the streamlined regulatory procedures for licensing US and foreign air carriers set forth in the Notice dated August 23, 2005 (Docket OST ), and issue a single order (1) granting the requested exemption authority for a two-year period or until after the January 30, 2012

3 Filing of Helicopteros Dominicanos, S.A. (HELIDOSA) requested permit authority becomes effective, whichever occurs first, and (2) approving the foreign air carrier permit request under the show-cause procedures described in the August 23, 2005 Notice. follows: Pursuant to of the Department's regulations, HELIDOSA states as 1. The full name and address of the applicant is: Helicopteros Dominicanos, S.A. (HELIDOSA), Joaquin Balaguer International Airport, Hangar 1 Santo Domingo Dominican Republic The applicant is a Sociedad Anónima and is organized under the laws of the Dominican Republic. 2. The name and official address of the government air transport authority having regulatory jurisdiction over HELIDOSA is: Instituto Dominicano de Avacion Civil (IDAC) Av. Mexico Esq., 30 de Marzo Santo Domingo D.N. Dominican Republic HELIDOSA current air operator certificate issued by the IDAC and its certificate of economic authority are attached as Exhibit Air transport between the United States and Dominican Republic is governed by the Air Transport Agreement Between the Government of the United States of America and the Government of the Dominican Republic (1986), as amended (collectively, the "Agreement"). The authority requested here is consistent with the Agreement. 2

4 Filing of Helicopteros Dominicanos, S.A. (HELIDOSA) 4. HELIDOSA requests authority to engage in charter air transportation of passengers and property (i) between points in the Dominican Republic and points in the United States and U.S. Islands and beyond, with or without stopovers, coextensive with the rights provided under the U.S.-Dominican Republic Air Transport Agreement and (ii) Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part 212 of the Department s Economic Regulations. HELIDOSA intends to commence charter operations once DOT authority is issued, using the aircraft described in Paragraph The names, addresses and citizenship of HELIDOSA executive officers, and key technical personnel are as follows: Names and Position Address Citizenship Gonzalo Castillo Partner George Hazoury President of the Board / Partner Michel Serruya Partner Gonzalo A. Castillo Vice President of Operations HELIDOSA Abraham Lincoln Ave. ESQ. Jose A. Soler, Santao Domingo Dominican Republic (Same as above) (Same as above) Joaquin Balaguer International Airport, Hangar 1 Santao Domingo Dominican Republic Dominican Dominican Canadian Dominican Marcos Mercedes Director of Maintenance (Same as above) Dominican Gonzalo Castillo and a Gonzalo A. Castillo above are related by blood. 3

5 Filing of Helicopteros Dominicanos, S.A. (HELIDOSA) 6. HELIDOSA is 100% owned by the following three individuals listed above and organized and existing under Dominican law. Gonzalo Castillo owns 40%, George Hazoury owns 40%, and Michel Serruya 20%. 7. None of HELIDOSA officers, directors or managers holds any interest in a U.S. carrier or any other entity engaged in the business of aeronautics 8. HELIDOSA estimates it will initially operate three to six charter frequencies per month to the United States in the first year of operations. 9. HELIDOSA was founded in 1992 and it intends to operate charter service to the United States, Haiti, French West Indies, Netherlands Antilles, and Barbados in a Cessna Citation Bravo CE-550aircraft. HELIDOSA intends to operate the aircraft listed below. Aircraft Cessna Citation Bravo CE-550 ( seven passenger seats) Registration Number HI Maintenance on HELIDOSA s aircraft will be in accordance with the manufacturer s maintenance and Inspection Program. Minor inspections and maintenance will be accomplished at the HELIDOSA facilities in the Dominican Republic by Citation trained personnel. Major inspections and maintenance will be accomplished at the Cessna Citation Service Center, Orlando, FL. 11. While in the United States, any necessary maintenance will be performed by qualified and licensed Cessna Citation maintenance providers. HELIDOSA s maintenance program complies with ICAO Pilots and Airmen Annexes 1, 6 (Part1), and 7. 4

6 Filing of Helicopteros Dominicanos, S.A. (HELIDOSA) 12. HELIDOSA does not have any agreements or cooperative working arrangements (e.g., block-space, wet-lease) with any U.S. or foreign air carriers affecting the proposed services to the United States. 13. HELIDOSA meets the Department s requirements for insurance. Attached as Exhibit 2 is OST Form 6411 for the aircraft that will operate to the United States. 14. Attached as Exhibit 3 is HELIDOSA s financial data statements. 15. HELIDOSA has not experienced any safety or tariff violations. 16. HELIDOSA had one fatal accident on October 11, It involved a Robinson R-44 helicopter, HI-803. There were four fatalities. 17. Aviation Disaster Family Assistance Plan is not required for HELIDOSA by 49 U.S.C Passenger manifest information is not required for HELIDOSA by Part 243 of the Department s regulations. 19. Attached as Exhibit 4 is OST Form 4523, a partial waiver of the liability limitations of the Warsaw Convention. 20. Attached as Exhibit 5 is the verification required by of the Department s regulations. 5

7 Filing of Helicopteros Dominicanos, S.A. (HELIDOSA) WHEREFORE, HELIDOSA submits that grant of this application would be consistent with the public interest, and requests that the Department issue a foreign air carrier permit and exemption authority to engage in (i) charter foreign air transportation of persons and property between points in the Dominican Republic and points in the United States and beyond, with or without stopovers, and (ii) Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part 212 of the Department s Economic Regulations. Respectfully submitted, Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A January 30,

8 HELIDOSA Exhibit 1 Air operator Certificate and Certificate of Economic Authority

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11 HELIDOSA Exhibit 2 OST Form 6411

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15 HELIDOSA Exhibit 3 Financial Data Statements 2010 and 2011

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30 HELIDOSA Exhibit 4 OST Form 4523

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32 HELIDOSA Exhibit 5 Verification

33 Verification Pursuant to Title 18 of the United States Code section 1001, I, Gonzalo A. Castillo, in my individual capacity and as the authorized representative of the applicant, have not in any manner knowingly and willfully falsified, concealed or covered up any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statement in connection with the preparation, filing, or prosecution of this application. I understand that an individual who is found to have violated the provisions of 18 U.S.C shall be fined not more than $10,000 or imprisoned not more than five years, or both. Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A January 30, 2012

34 HELIDOSA Exhibit 6 Certificate of Service

35 Certificate of Service I hereby certify that on this day of January 30, 2012, a copy of the foregoing Application of HELIDOSA for a Foreign Air Carrier Permit and Exemption Authority has been served by electronic mail on the parties named below. Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A UrsKR@state.gov john.allen@faa.gov