### BEFORE THE OFFICE OFTHE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of AIRSPRINT INC. for an exemption under 49 U.S.C. 

### § 40109 (Canada-U.S. charter service) Docket DOT-OST-2005-20771

APPLICATION OF AIRSPRINT INC. FORRENEWAL OF EXEMPTION AUTHORITY
Communications with respect to this document should be addressed to: James Elian Vice President, Operations AirSprint Inc. 191 0 McCall Landing NE Calgary, Alberta, Canada T2E 9B5 jae@airsprint.com

August 4, 2014 Gary B. Garofalo Jason E
. Maddux Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW STE 590 Washington, DC 20036-6802 Tel 202-776-3970 Fax 202-776-3975 ggarofalo@ggh-airlaw
.com jmaddux@ggh-airlaw.com Counsel for AirSprint Inc
.



### Notice: ANY PERSON WHO WISHES TO SUPPORT OR OPPOSE THIS APPLICATION MAY FILE AN ANSWER TO THE APPLICATION AND MUST SERVE THAT ANSWER ON THE PERSONS LISTED ABOVE, AND ON THE ATTACHED SERVICE LIST, NO LATER THAN AUGUST 19,2011.Application of AIRSPRINT INC. BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C.

Docket DOT-OST-2005-20771 for an exemption under49 U.S.C. 

### § 40109 (Canada-U.S. charter service)

APPLICATION OFAIRSPRINT INC. FORRENEWAL OF EXEMPTION AUTHORITY AirSprint Inc. (AirSprint), pursuant to 49 U.S.C. 

### § 40109 and the Department's Rules of Practice, applies for renewal ofits exemption from 49 U.S.C. 

### § 41301 permitting AirSprint to engage in charter foreign air transportation ofpersons, property, and mail between (1) a point or points in Canada and a point or points in the United States, (2) any point orpoints in the United States and any point or points in any third country or countries, provided that, except with respect to cargo charters, such service constitutes part ofa continuous operation, with or without
a change in aircraft, that includes service to Canada for the purpose of carrying local traffic between Canada and the United States, and (3) other charters to/from the United States in accordance with 14 CFR Part 212, using small aircraft. AirSprint requests that this authority be renewed for a two-year period or such longer period as may be consistent with Department policy.

In filing this application, AirSprint relies upon the automatic extension provision ofthe Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by 14 CFR Part 377, to

### continue its current authority in effect pending Department action on this application. This application is timely submitted pursuantto 14 CFR § 377.10.

In support ofthis application, AirSprint states as follows: 1. The Department initially granted charter authority to AirSprint on January 17, 2006, 1 

### and most recently renewed/uch authority on August 28, 2012? AirSprint's current exemption expires August 28, 2014. The Department consistently has determined that AirSprint is qualified to conduct the proposed operations and that grant ofthe authority is consistent with the U.S.-Canada Air Services Agreement. 2. On March 12, 2007, the United States and Canada commenced full effectiveness of an "open skies" air transport agreement providing for liberalized scheduled and charter air transportation services
. 3. The authority for which renewal is requested here is consistent with the U.S.- Canada Air Transport Agreement, as amended, and the Department has found on numerous occasions that the Agreement authorizes service identical to that involved here. Also, as discussed in AirSprint's initial application, the Canadian aeronautical authorities have authorized AirSprint to operate non-scheduled international service between points in Canada and points in the United States, among others, utilizing small aircraft and AirSprint remains fully qualified to operate the service for which renewal is requested. 4
. AirSprint will continue operating such service exclusively with aircraft designed to have a maximum passenger capacity of not more than 60 seats and a maximum payload capacity ofnot more than 18,000 pounds.

SeeNotice ofAction Taken, Docket DOT-OST-2005-20771 (January 17, 2006). See Notice ofAction Taken, DocketDOT-OST-2005-20771 (August 28, 2012). 

### 2ACCORDINGLY, AirSprint Inc. requests that the Department renew its exemption authority for a two-year period to engage in charter foreign air transportation of persons, property, and mail between (1) a point or points in Canada and a point or points in the United States, (2) any point orpoints inthe United States and any point orpoints in any third country or countries, provided that, except with respect to cargo charters, such service constitutes part ofa continuous operation, with or without a change in aircraft, that includes service to Canada for the purpose ofcarrying local traffic between Canada and the United States, and (3) other charters to/fromthe United States in accordance with 14 CFR Part 212, using small aircraft.
Respectfully submitteq, 

# ft!_{**~arofalo'** Jason 

### E. Maddux GAROFALO GO ERLICH HAINBACH PC Counsel forAir SprintInc. August 4, 2014



### 3

### CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing docurilent by email on the following persons:

August4, 2014
Marshall Sinick (Alaska/Horizon) Charles Donley (Alaska/Horizon) Howard Kass (American) Robert Wirick (American) Gerald F. Murphy (ExpressJet/ SkyWest) Chris Walker (Delta) Alexander VanderBellen (Delta) Jonathan Hill (Hawaiian/JetBlue) Parker Erkmann (Hawaiian/JetBlue) Joanne Young (Spirit) Dan Weiss (United) Steve Morrissey (United) Robert Finamore (DOT) John Duncan (FAA) Stephen Cristina (State Department) 

# ~K~.---- Michael Koester

marshall.sinick@squiresanders.com charles.donley@squiresanders.com Howard.kass@aa.com robert.wirick@aa.com gmurphy@crowell.com chris.walker@delta.com sascha.vanderbellen@delta.com jhill@cooley.com perkmann@cooley.com jyoung@yklaw.com dan.weiss@united.com steve.morrissey@united.com robert.finamore@dot.gov john.s.duncan@faa.gov cristinasa@state.gov