FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

January 30, 2013 

By Electronic Docket Filing

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

RE: Applications of Tortug’Air (DOT-OST-2013-0003) and Cemair (DOT-OST-2013-0009) 

Dear Sirs: 

IBC Airways, Inc. (hereinafter "IBC"), pursuant to Department rule 302.6, respectfully seeks leave 

to file this surreply to the response that was submitted by the representatives (hereinafter "Applicants' 

Representatives") of Tortug'Air, S.A. (hereinafter “Tortug’Air”) and Cemair (Pty) Ltd. (hereinafter 

“Cemair”) on January 21, 2013 and docketed on January 23, 2013. This surreply will assist the 

Department in its review of the pending applications by providing further relevant information and 

discussion, and therefore is supported by good cause. 

IBC's previously expressed concerns about the Tortug'Air and Cemair applications are reinforced 

by the intemperate response of the Applicants' Representatives. As the Department is aware, rule 300.6

imposes standards of conduct upon practitioners before the Department. Yet, in an apparent effort to 

intimidate IBC, they raise claims about IBC that are extraneous to the dockets (as well as factually 

wrong); falsely accuse IBC of making "libelous" statements (that were in fact based on information 

submitted by Cemair); and ultimately demand that IBC’s answer be withdrawn. 

Although IBC has every confidence that the Department will fairly review and appropriately 

respond to the issues implicated by the pending Tortug'Air and Cemair applications and the January 21 

response submitted by Applicants’ Representatives, IBC specifically asks leave from the Department to 

supplement its January 18 answer by highlighting the following issues: 

• As an initial matter, Applicants' Representatives seek to dispute IBC's standing by suggesting 

that IBC's own operations are non-compliant. The Department already is familiar with and has 

repeatedly approved the Part 380 charter prospectuses pursuant to which a related-butseparate company offers public charters for which IBC is the direct air carrier.1

 Likewise, FAA and 

foreign regulatory authorities are fully informed of the nature of IBC's operations. In any case, 

there should be no question that IBC is entitled to submit an answer in the pending dockets, 

because Department rule 302.307 authorizes the filing of an answer by “any person.” 

 

1

 As the Department is well aware, pursuant to Part 298 of the Department’s rules, an air taxi such as IBC 

may operate up to four flights per week pursuant to a schedule over any particular route; as previously 

noted, one such market for IBC is FLL-CAP, for which it acts as a direct air carrier pursuant to Part 380. 
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

• Applicants' Representatives assert that, for reciprocity purposes, wet lease operations are 

entirely subsumed within the term “charters,” and thus that the statement regarding charters 

recently submitted by South Africa in docket DOT-OST-2006-24269 is sufficient to justify the 

proposed operations by Cemair. But past Department orders have specifically considered 

whether reciprocity for wet leases – and not charters generally – existed before authorizing wet 

lease operations by foreign carriers. See, e.g., Order 2004-4-21; Order 2000-12-15. IBC 

respectfully submits that the same standard should be applicable in this case. 

• Applicants' Representatives assert that certain issues identified by IBC – e.g., issues related to 

Cemair's safety record – are matters not for DOT but for other U.S. and foreign agencies. But as 

the Department is well aware, its review of a carrier’s application is intertwined with other 

agencies’ processes – and the reviews typically proceed in parallel, not in sequence.2

 Moreover, 

the Department's requirements specifically incorporate safety-related inquiries (in 14 C.F.R. § 

211.20) – such as a requirement that an applicant disclose if its home country is a signatory to 

the Chicago Convention and if its maintenance program complies with ICAO requirements. 

• Further, 14 C.F.R. § 211.20(s) specifically requires the disclosure of any fatal accidents in which 

an applicant was "involved" in the prior five years. Applicants’ Representatives assert that the 

fatal accidents identified by IBC in its January 18 answer involved dry-leased aircraft, contrary to 

reports in mainstream media outlets, such as the BBC. But even if that assertion is correct,3

 it 

does not absolve Cemair of its disclosure obligation. IBC understands that in the interest of 

public safety, a full and complete answer to this regulation’s broad query is mandatory, with the 

determination of the relevancy of any accident being a matter solely for the Department. 

• Applicants' Representatives assert that the past involvement of its CEO in a fatal accident at 

Flightline Charter Services – for which an inquiry found that Miles van der Molen as an individual 

shared responsibility – is not relevant due to the passage of time. As previously noted, IBC does 

not dispute that Department regulations did not require the disclosure of his track record, but 

understands that the track record of a carrier’s leadership in fact is very relevant. For example, 

in an August 4, 2009 letter in docket DOT-OST-2008-0029, the Department noted that the prior 

 

2

 IBC also notes that the Applicants’ Representatives ultimately concede that Cemair’s ops specs, as 

submitted to the Department by Tortug’Air, do not include an “area of operations” that would permit 

the proposed services. Accordingly, it would be an inefficient use of Department resources to proceed

with Cemair’s application until such time as adequate ops specs have been submitted to FAA. 

3

 IBC suggests that DOT not accept this account without further investigation. One of the pilots killed in 

the September 1, 2008 accident at the time was identified as a South African citizen by the name of Rudi 

Knoetze. See, e.g., http://www.iol.co.za/news/south-africa/sa-pilot-not-accounted-for-1.414824. 

Contemporaneous media reports specifically identified Knoetze as being an employee of Cemair. See, 

e.g., http://www.news24.com/SouthAfrica/News/Dad-fears-for-missing-SA-pilot-20080904. These 

articles are not consistent with the current assertion that the aircraft was operated by Airserv and that 

Cemair was only the dry lessor. 
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

involvement of an applicant’s CEO in an airline-related stock fraud scheme “is especially 

troubling to us as it concerns [applicant’s] compliance disposition” – and the Department 

declined to move forward with the application absent more information about his past 

activities. Likewise, in this case, the past activities of Cemair’s CEO should be taken into 

consideration. 

• Applicants’ Representatives also assert that IBC’s mention of a November 3, 2001 accident 

involving GJ Air was inappropriate, because Miles van der Molen was no longer employed by GJ 

Air at that time. It was not IBC’s intention to suggest an incorrect chronology, but it should be 

emphasized that the curriculum vitae submitted to the Department by Cemair states that his 

employment at GJ Air was during “2000-2001.” Thus the materials submitted by Applicants’ 

Representatives lack clarity as to the exact dates of his employment; generally, this is a matter 

about which the Department should seek clarification. Similarly, the Department should seek 

clarification specifically as to whether Miles van der Molen was still employed as GJ Air’s 

Operations Manager at the time that its AOC was suspended, on January 26, 2001 – an event 

which should independently be a matter of concern.4

IBC does not believe that it is necessary to further address the matters already briefed in its 

answer and with which the Department is familiar, such as issues of authority, security, and compliance. 

For the reasons stated above and in its prior answer, IBC maintains its objection to the pending 

applications as presented to the Department and urges careful scrutiny by the Department of any 

further submissions in the pending dockets in light of the identified deficiencies and omissions. 

Sincerely, 

Joseph Hutchings 

Senior Vice President, IBC Airways, Inc. 

cc: 

 

4

 In connection with GJ Air, Applicants’ Representatives have suggested that they may bring a 

“counteraction” against IBC and assert that IBC independently should have “verif[ied]” the dates of 

Miles van der Molen’s employment. IBC respectfully suggests that it was entitled to rely upon data that 

Cemair itself provided. Additionally, IBC notes that Miles van der Molen’s public LinkedIn profile 

(http://www.linkedin.com/pub/miles-van-der-molen/38/76a/b60) provides no mention of any employer 

prior to Cemair, much less the specific dates of his prior employment. 
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

Olivier Jean 

Tortug’Air 

o.jean@tortugair.com

Richard Asper 

C.A. Southerland 

Aviation Professionals Group, Inc. 

ricka@aviation-professionals.com

ca@aviation-professionals.com

Robert Wirick 

American Airlines 

robert.wirick@aa.com

John Richardson 

Counsel for Amerijet 

jrichardson@johnlrichardson.com

Russel Pommer 

Atlas Air 

rpommer@atlasair.com

Alexander Van Der Bellen 

Sametta C. Barnett 

Delta Air Lines 

sascha.vanderbellen@delta.com

sametta.c.barnett@delta.com

Ranjit Seth 

Robert Foster 

Evergreen International Airlines 

ranjit.seth@evergreenairlines.com

robert.foster@evergreenairlines.com

G. Bailey Leopard 

Angeline Garbuzinski 

Federal Express Corporation 

gbleopard@fedex.com

anbird@fedex.com
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

Jonathan Hill 

J. Parker Erkmann 

Counsel for JetBlue Airways 

 Corporation 

jhill@dowlohnes.com

perkmann@dowlohnes.com

Mark Atwood 

Counsel for Kalitta Air and Xtra Airways

matwood@cozen.com

James Tello 

Counsel for Miami Air International 

jamestello@earthlink.net

Malcolm L. Benge 

Counsel for North American Airlines and World Airways 

mlbenge@zsrlaw.com

Kevin Montgomery 

Peter Beckett 

Polar Air Cargo 

kevin.montgomery@polaraircargo.com

peter.beckett@polaraircargo.com

Darrell Richardson 

Silver Airways 

drichardson@gosilver.com

John Fredericksen 

Sun Country Airlines 

john.fredericksen@suncountry.com

Joanne Young 

David Kirstein 

Counsel for Spirit Airlines 

jyoung@yklaw.com

dkirstein@yklaw.com

Dan Weiss 

United Airlines 

dan.weiss@united.com
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

Lorraine Halloway 

Gerald Murphy 

Counsel for United Airlines 

lhalloway@crowell.com

gmurphy@crowell.com

Anita Mosner 

Jennifer Nowak 

Counsel for United Parcel Service 

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Howard Kass 

Benjamin Slocum 

US Airways 

howard.kass@usairways.com

benjamin.slocum@usairways.com

Susan Kurland 

DOT Assistant Secretary for Aviation and International Affairs

susan.kurland@dot.gov

Robert Finamore 

DOT Division Chief, Foreign Air Carrier Licensing

esta.rosenberg@dot.gov

Todd Homan 

DOT Director of Aviation Analysis 

todd.homan@dot.gov

Barbara Hairston 

DOT Supervisory Dockets Officer

barbara.hairston@dot.gov

John Allen 

Director, FAA Flight Standards Service 

john.allen@faa.gov

James R. Jelinski 

Manager, Miami FAA International Field Office 

james.r.jelinksi@faa.gov

Joaquin Ochoa 

Miami FAA International Field Office 

joaquin.ochoa@faa.gov
FORT LAUDERDALE • 500 SW 34TH STREET • FORT LAUDERDALE, FLORIDA 33315 • TEL: (954) 848 2300 • FAX: (954) 848 2397

Wendell Albright 

Director, State Department Office of Aviation Negotiations 

albrightwi@state.gov

Brian C. Abbott 

Department of Homeland Security - TSA 

brian.abbott@tsa.dhs.gov

Airline Information Research 

info@airlineinfo.com