BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) TRANS ISLAND AIRWAYS LTD. for an exemption from 49 U.S.C. 41301 ) (Bahamas-Florida charters) ) ) ) DOCKET DOT-OST-2016- ) APPLICATION OF TRANS ISLAND AIRWAYS LTD. FOR AN EXEMPTION Communications with respect to this document should be sent to: John R. Mietus, Jr. Law Office of John Mietus, LLC 6400 Goldsboro Road, Suite 215 Bethesda, MD 20817 (202) 747-5212 john@mietuslaw.com Counsel for TRANS ISLAND AIRWAYS LTD. NOTICE: Any person may support or oppose this application by filing an answer no later than September 23, 2016 and serving a copy of the answer on counsel for Trans Island Airways and upon persons served with this application. September 8, 2016
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) TRANS ISLAND AIRWAYS LTD. for an exemption from 49 U.S.C. 41301 ) (Bahamas-Florida charters) ) ) ) DOCKET DOT-OST-2016- ) September 8, 2016 APPLICATION OF TRANS ISLAND AIRWAYS LTD. FOR AN EXEMPTION Pursuant to 49 U.S.C. 40109(c), Trans Island Airways Ltd. ( TIA ), a flag carrier of the Commonwealth of the Bahamas, respectfully requests an exemption from the provisions of 49 U.S.C. 41301 to the extent necessary to permit it to engage in charter foreign air transportation of persons, property, and mail between a point or points in the Bahamas and a point or points in Florida, and other charters subject to Part 212 of the Department's Economic Regulations, using small aircraft as defined in 14 C.F.R. 298.2. So that TIA may begin the proposed services to complement its existing service, it requests that the Department grant the requested authority expeditiously and for an initial period of one year. In support of this application, TIA provides the information required by 14 C.F.R. 211.20 in the Exhibits attached to this application and states as follows: 1. TIA is a Bahamian flag carrier headquartered at Old Fort Bay, New Providence Island (Nassau), Bahamas. It was formed in 2014 and is owned by Bahamian citizens Paul Francis Aranha and Paul Bahamas, Ltd.
2. TIA is fit, willing, and able to provide scheduled charter foreign air Trans Island Airways Exemption Application Page 2 transportation to and from the United States. Its key personnel possess substantial business and aviation experience, and TIA has the financial resources necessary to serve the United States safely and without undue risk to passengers. 3. Charter operations between the Bahamas and the United States are governed by principles of comity and reciprocity, as the Bermuda II agreement that continues to apply Bahamas-U.S. operations only addresses certain, scheduled services. The Department has routinely authorized charter services by Bahamian carriers as a matter of comity and reciprocity. See, e.g., KSA Charters, Ltd. d/b/a Junkanoo Air, Notice of Action Taken dated January 29, 2016 in Docket DOT-OST-2015-0216. 4. TIA s proposed operations will benefit the traveling public by providing additional, competitive price and service options for travelers and shippers in the Bahamas-Florida market, and they otherwise are consistent with the public interest for the reasons described herein. These operations will have a limited environmental impact.
INFORMATION SUPPLIED PURSUANT TO THE DEPARTMENT'S REGULATIONS Trans Island Airways Exhibit 1 Trans Island Airways Ltd. ( TIA ) hereby supplies, in support of its exemption application, the information required by the Department pursuant to 14 C.F.R. 211.20. (a) Name and address of applicant; form and country of organization. Trans Island Airways Ltd. 34 Airport Industrial Park Nassau, New Providence The Commonwealth of The Bahamas TIA is a private company limited by shares incorporated under Bahamian law. (b) Government air transport authority of applicant's homeland. Department of Civil Aviation Ministry of Tourism and Aviation P.O. Box 975 Nassau, N.P. BAHAMAS (c) Authority requested and proposed services. TIA requests an exemption from the provisions of 49 U.S.C. 41301 to the extent necessary to permit it to engage in charter foreign air transportation of persons, property, and mail between a point or points in the Bahamas and a point or points in Florida, and other charters subject to Part 212 of the Department's Economic Regulations, using small aircraft as defined in 14 C.F.R. 298.2. TIA proposes to conduct frequent, ad hoc charter operations between the Bahamas and points in Florida. (d) Names, addresses, citizenship, and experience of directors, officers, and key personnel of applicant. The following personnel, all Bahamaian citizens, can be reached at TIA s address above. Paul Aranha is the Founder, President and Director of Operations for TIA. During his MBA studies at Embry-Riddle Aeronautical University (ERAU), he managed a corporate King Air 200, worked with Saab Aircraft Leasing, and acted as a Saab 340 contract crewmember as pilot-in-command and second-in-command. After receiving his MBA in 2010, Paul operated an Aero Commander 500, managed a corporate Saab 340, and then managed a Cessna Citation Ultra before forming TIA.
Trans Island Airways Exhibit 1 Page 2 Carey Leonard is the Director of TIA. An attorney, Mr. Leonard has represented Saab Aircraft Leasing in the Bahamas and Laker Airways. He most recently was Head of the Legal Department for the Grand Bahama Port Authority (which operates the Grand Bahama International Airport in Freeport) from the mid-2000s through 2013. Gavin Roberts, TIA s chief pilot, is a career pilot who has flown Cessna 402s, Cessna Grand Caravans, and King Air 200s. He flew the Citation Ultra with Mr. Aranha and worked alongside him during TIA s certification. Andrew Trentmann, the director of safety for TIA, graduated from ERAU in 2010 and since that time has flown a corporate King Air 200, an Aero Commander, and most recently the Cessna Citation Ultra. He implemented the Safety Management System that TIA follows after successfully implementing an SMS with MIP Aviation, the first SMS in the Bahamas. (e) Persons having a substantial interest in the applicant. Trans Island Airways, Ltd: Paul Aranha 1/5000 and Paul Bahamas Ltd. 4999/5000 (Bahamian) Paul Bahamas, Ltd: Paul Aranha 4999/5000 and Kim Aranha (mother) 1/5000 (Bahamian) (f) Ownership or control of other airlines or transportation companies. TIA does not hold any interest in (1) any U.S. air carrier, (2) any other foreign air carrier, (3) any person engaged in the business of aeronautics, or (4) any common carrier or any person whose principal business is the holding of stock in, or control of, any air carrier. (g) Relationship between applicant and its homeland government. There is no relationship, other than that occasioned by regulatory oversight, between TIA and the Bahamian government. (h) Insurance coverage. The carrier holds insurance that meets or exceeds the requirements of 14 C.F.R. Part 205, and OST Form 6411 (attached) will be filed with the Federal Aviation Administration. (i) Applicant's homeland operating authority. Copies of the Air Operator Certificate and Licence to Provide Charter Services for Trans Island Airways, authorizing, among other things, service between the Bahamas and Florida are attached.
Trans Island Airways Exhibit 1 Page 3 (j) Operating history of the applicant. TIA began operations within the Bahamas in 2014 and currently operates charter service within the Bahamas and the Caribbean. (k) Fleet information. TIA currently operates four aircraft. MIP Aviation Ltd., Nassau Bahamas, dry-leases it a Cessna Citation Ultra (CE560) registered as C6-AIP and a Cessna 402C registered as C6- TIA. Universal Aircraft Holdings, also of Nassau, dry-leases TIA a Learjet 60 registered as CG-ZIP. Finally, Pegasus Aircraft Holdings Ltd, dry-leases TIA a Cessna 402C registered as C6-SIX. (l) Aircraft maintenance. The jet aircraft are maintained by Banyan Air Services, an FAA/CAA approved facility at Fort Lauderdale Executive Airport, and the Cessna 402Cs are maintained by LM Aircraft Repair at Tamiami Executive Airport. TIA aircraft maintenance is provided under a program that complies with annexes 1, 6 (Part I), and 7 to the Convention on International Civil Aviation, to which the Commonwealth of the Bahamas is a contracting party. The FAA has rated the Bahamas "Category 1" under the IASA program. (m) Agreements with other carriers. No agreements with other carriers will affect the proposed U.S. services. (n) Financial data summaries. Confidential Exhibit A, which has been filed under seal together with a motion for confidential treatment under Rule 12, includes a balance sheet for TIA as of June 30, 2015 and an income statement for its initial operations to that date. (o) Homeland government financial assistance. None. See item (g) above. (p) Financial forecast. Confidential Exhibit A also provides an annualized forecast for Trans Island Airways operations to and from the United States.
Trans Island Airways Exhibit 1 Page 4 (q,r) Bilateral agreement and designations; homeland government policy with respect to U.S. carriers. Charter operations between the Bahamas and the United States are governed by principles of comity and reciprocity, as the Bermuda II agreement that continues to apply Bahamas-U.S. operations only addresses certain, scheduled services. The Department has routinely authorized charter services by Bahamian carriers as a matter of comity and reciprocity. See, e.g., KSA Charters, Ltd. d/b/a Junkanoo Air, Notice of Action Taken dated January 29, 2016 in Docket DOT-OST-2015-0216. (s) Accidents or safety or tariff violations. TIA has not experienced any safety or tariff violations or fatal accidents. (t) OST Form 4523. TIA will file in Docket OST-1995-236 the attached copy of OST Form 4523 (CAB Agreement 18900) relating to the liability limitations of the Warsaw Convention pursuant to 14 C.F.R. Part 203. (*) Family assistance and passenger manifest plans. As TIA s authority will be limited to small aircraft, no family assistance or passenger manifest plans are required under Order 98-1-31 and 14 C.F.R. Part 243.
Trans Island Airways Ltd.