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BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) 

INSEL AIR INTERNATIONAL N.V. ) 

d/b/a INSELAIR ARUBA ) 

 ) Docket No. OST-_________ 

for an exemption under 49 U.S.C. § 40109 and ) 

a foreign air carrier permit pursuant to ) 

49 U.S.C. § 41301 (Aruba-U.S.) ) 

__________________________________________)

APPLICATION OF INSEL AIR INTERNATIONAL N.V.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

 Communications with respect to this document should be addressed to:

Josh Romanow 

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W. 

Washington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: romanow@pillsburylaw.com

E-mail: peter.nelson@pillsburylaw.com

 

February 20, 2013 Counsel for Insel Air International N.V.

NOTE: Any person may support or oppose this application by filing an answer and 

serving a copy of the answer on counsel for Insel Air International N.V. and upon each 

person served with this application. Answers to the exemption application are due by 

March 7, 2013; Answers to the permit application are due by March 13, 2013. 

Insel intends to poll on this application and will advise the Department of the results.
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BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ 

 ) 

Application of ) 

 ) 

INSEL AIR INTERNATIONAL N.V. ) 

d/b/a INSELAIR ARUBA ) 

 ) Docket No. OST-_________ 

for an exemption under 49 U.S.C. § 40109 and ) 

a foreign air carrier permit pursuant to ) 

49 U.S.C. § 41301 (Aruba-U.S.) ) 

__________________________________________)

APPLICATION OF INSEL AIR INTERNATIONAL N.V.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

 

 Insel Air International N.V. d/b/a InselAir Aruba (“InselAir Aruba”), an air 

carrier of Aruba, hereby applies, under the provisions of 49 U.S.C. §§ 40109 and 41302, 

and Subparts B and C of the Department’s Rules and Practices in Proceedings (14 C.F.R. 

§§ 302.201 and 302.301, et seq.), Part 211 of the Department’s Economic Regulations 

(14 C.F.R. Part 211), and the Department’s streamlined licensing procedures (Notice, 

August 23, 2005 Docket OST-2005-22228), for an exemption and foreign air carrier 

permit authorizing it to engage in scheduled foreign air transportation of persons, 

property and mail from points behind Aruba via Aruba and intermediate points to a point 

or points in the United States and beyond, as well as charter air transportation pursuant to 

Part 212 of the Department’s Economic Regulations. InselAir Aruba requests that the 

exemption authority requested herein remain in effect until the Department issues it a

foreign air carrier permit. 

 
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In support of its application, InselAir Aruba states as follows:

1. The applicant’s full name is Insel Air International N.V. d/b/a InselAir 

Aruba. Its principal place of business is Wayaca 31-A, Oranjestad, Aruba. InselAir

Aruba is a corporation established under the laws of the Government of Aruba. InselAir

Aruba’s Certificate of Incorporation is attached as Exhibit A. 211.20(a)

2. The government air transport authority having jurisdiction over InselAir

Aruba is the Department of Civil Aviation Aruba. Its address is: Sabana Berde 73B; 

Oranjestad, Aruba. 211.20(b)

3. Authority Requested: InselAir Aruba seeks authority to conduct 

scheduled foreign air transportation of persons, property, and mail from points behind 

Aruba via Aruba and intermediate points to a point or points in the United States and 

beyond. InselAir Aruba also seeks authority to operate charter flights as authorized by 

Part 212 of the Department’s regulations. 211.20(c)

Specifically, InselAir Aruba intends to utilize Boeing DC-9-80 series aircraft with 

a 152 seat configuration for this service and proposes initially to commence non-stop 

combination service between Aruba and San Juan Luis Muñoz Marin International 

Airport beginning November 1, 2013, non-stop combination service between Aruba and 

Miami International Airport beginning June 1, 2013, and non-stop combination service 

between Aruba and Orlando International Airport beginning November 1, 2013. 

4. Management: A list of all key personnel and directors is attached as 

Exhibit B. 211.20(d)

5. Statement of Ownership: (Exhibit C). 211.20(e)
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6. Other than the relationship with Insel Air International, B.V. reported on 

Exhibit D, neither InselAir Aruba nor its officers, directors, managers, or the holders of 

five percent or more of its capital stock hold any direct or indirect interest in any U.S. 

carrier, other foreign air carrier, any persons engaged in the business of aeronautics, or 

any common carrier or person whose principal business is holding of stock in, or control 

of, any air carrier. CFS Aruba N.V., an Aruban entity active in Aruba for more than 7 

years, owns 70% of the applicant. 211.20(f) 

7. InselAir Aruba is a privately-held entity. 211.20(g)

8. InselAir Aruba’s insurance meets the minimum requirements specified in 

14 CFR Part 205. A copy of OST Form 6411, Foreign Carriers Certificate(s) of 

Insurance is attached hereto as Exhibit E. 211.20(h)

9. Operating Authority: InselAir Aruba’s Air Operator Certificate 

encompassing the authority requested herein is attached as Exhibit F. 211.20(i)

10. Operating History: Exhibit G provides background and data on InselAir

Aruba, its operations, and route structure. 211.20(j)

11. A list of InselAir Aruba’s aircraft is attached as Exhibit H. The aircraft 

listed in Exhibit H is sub-leased from Insel Air International B.V. and registered in Aruba 

(Kingdom of the Netherlands). It is the intention of InselAir Aruba to add one more DC9-80 series aircraft to its fleet by the end of 2013. 211.20(k)

12. Maintenance: Base maintenance will be performed by Insel Air 

International B.V. Heavy Maintenance will be performed by Commercial Jet, Inc. 

InselAir Aruba’s maintenance program complies with the provisions of ICAO Pilots and 
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Airmen Annexes 1, 6 (Part I) and 7. The Kingdom of the Netherlands, of which Aruba 

forms a part, is a signatory to the convention on International Civil Aviation. 211.20(l)

13. Agreements: InselAir Aruba has an interline agreement with Insel Air 

International B.V. 211.20(m) 

14. Financial Summary: A copy of the financial information, including a 

recent balance sheet ending December 31, 2012 is being submitted as Exhibit I with a 

motion to withhold the information from public disclosure. Please note that because 

applicant began operations in 2012, only one year of financial data is available. 211.20(n)

15. Financial Assistance from Homeland Government: InselAir Aruba 

receives no financial assistance from the Government of Aruba. 211.20(o)

16. An estimate showing the total traffic and the financial results of the 

proposed services for the first full year of normal operations and the supporting data 

employed to calculate the financial forecast is attached as Exhibit J, with a motion to 

withhold the information from public disclosure. 211.20(p)

17. The U.S. and Aruba have a long-standing Open Skies Agreement, and the 

authority requested herein is fully consistent with the terms of the Agreement, which sets 

forth the following rights for Aruba carriers in Annex 1: 

Airlines of each Implementing Entity designated under this Annex shall, in 

accordance with the terms of their designation, be entitled to perform scheduled 

international air transportation between points on the following issues: 

A. Routes for the airline or airlines designated by the Government of Aruba: 

1. From points behind Aruba via Aruba and intermediate points to a 

point or points in the United States and beyond. 
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18. Designation: InselAir Aruba’s designation by the Aruba Government for 

routes to Puerto Rico is attached as Exhibit K. Designations for additional routes will be 

provided to the Department. 211.20(q)

19. The Government of Aruba’s Policy with the United States Carriers: It is 

InselAir Aruba’s understanding that the Government of Aruba would authorize similar 

services as those requested herein for a U.S. carrier under the bilateral agreement. The 

Government of Aruba grants Fifth Freedom traffic rights to U.S. carriers. InselAir

Aruba’s new service will provide additional non-stop travel opportunities to citizens of 

both the U.S. and Aruba, serve the interests of comity and reciprocity, benefit travelers in 

both countries, and will, therefore, serve the public interest. 211.20(r)

20. Tariff Violations/Accidents: InselAir Aruba has not been involved in any 

safety or tariff violations or any fatal accidents in the past five years. 211.20(s)

21. Waiver of Warsaw Convention Liability Limits: An executed OST Form 

4523 is attached hereto as Exhibit L. 211.20(t)

22. Foreign Air Carrier Family Support Act Plan: InselAir Aruba’s plan is 

attached as Exhibit M, and will be submitted to the National Transportation Safety Board.

23. Summary of Passenger Manifest Information Collection Procedures: 

InselAir Aruba will collect the passenger manifest information required by 14 C.F.R. § 

243 and will transmit that information to the Department of State in the event of an 

aviation disaster. A summary of InselAir Aruba’s procedures is attached as Exhibit N. 

24. Fuel Consumption: The operation proposed by InselAir Aruba will not 

result in a near term increase in fuel consumption of ten million gallons or more. 

Consequently, grant the authority requested herein will not constitute a “major regulatory 
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action” under the Energy Policy and Conservation Act of 1975, as defined by 14 C.F.R. § 

313.4(a)(1). 

25. Verification: The verification required by 14 C.F.R. 302.4(b) is attached 

hereto as Exhibit O. 

As demonstrated by the information provided herein, InselAir Aruba is fully 

qualified to operate the services for which authority is here requested, and grant of the 

requested authority will therefore serve the public interest. InselAir Aruba requests that 

the exemption requested herein remain in effect until the Department issues it a foreign 

air carrier permit. 

 WHEREFORE, based upon the foregoing information, InselAir Aruba 

respectfully requests that it be granted an exemption and foreign air carrier permit to 

engage in scheduled foreign air transportation of persons, property and mail as more fully 

described above.

 Respectfully submitted,

 Josh Romanow 

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: romanow@pillsburylaw.com

 E-mail: peter.nelson@pillsburylaw.com 

February 20, 2013 Counsel for Insel Air International N.V.
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CERTIFICATE OF SERVICE

The undersigned certifies that on February 20, 2013 the Application of Insel Air 

International N.V. for an Exemption and Foreign Air Carrier Permit, was served by 

electronic mail on the individuals identified below:

James Jelinski

Aviation Safety Inspector Supervisor 

Federal Aviation Administration

8600 NW 36th Street, Suite 600 

Miami, FL 33166 

jamesr.jelinski@faa.gov

Sascha Vanderbellen

Jeff Morgan

Delta Airlines

1275 K Street, N.W. 

Washington, D.C. 20005

sascha.vanderbellen@delta.com

jeff.morgan@delta.com

Howard Kass

U.S. Airways

1401 H Street, NW Ste. 1075 

Washington, D.C. 20005 

howard.kass@usairways.com 

Carl B. Nelson, Jr.

American Airlines, Inc.

1101 Seventeenth St, N.W., Suite 600 

Washington, D.C. 20036 

Carl.nelson@aa.com

Malcolm L. Benge

Counsel for North American 

Airlines/World Airways

Zuckert Scoutt & Rasenberger, L.L.P.

888 17th Street, N.W., Suite 700 

Washington, D.C., 2006-3309 

mlbenge@zsrlaw.com

Dan Weiss

Continental Airlines

1600 Smith Street, Ste. HQSGV 

Houston, TX 77002 

dan.weiss@coair.com

Steve Morrissey

United Air Lines

steve.morrissey@united.com 

Jonathan Hill 

JetBlue

jhill@dowlohnes.com 

David Kirstein

Spirit Air

dkirstein@yklaw.com 

/s/ Melinda A. Hernandez 

Melinda A. Hernandez
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TABLE OF EXHIBITS

Exhibit A Certificate of Incorporation

Exhibit B Management & Key Personnel 

Exhibit C Ownership 

Exhibit D Relationship with Insel Air International B.V.

Exhibit E OST Form 6411, Foreign Carriers Certificate(s) of Insurance

Exhibit F Air Operator Certificate

Exhibit G Background, Operations, and International Route Structure 

 (and other relevant info about shareholders) 

Exhibit H List of Aircraft

Exhibit I Financial Summary

Exhibit J Traffic/Financial Forecast

Exhibit K Home Country Route Designation 

Exhibit L Waiver of Warsaw Convention Liability Limits

Exhibit M Foreign Air Carrier Family Support Act Plan

Exhibit N Summary of Passenger Manifest Collection Procedures

Exhibit O Verification
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Exhibit A

Certificate of Incorporation
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Exhibit B

Management & Key Personnel 

Name: Albert Kluyver

Title: President

Work Address: Dokweg 19, Maduro Plaza, Curacao

Residential Address: Seru Milon kavel 10, Curacao

Citizenship The Netherlands, Curacao

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Frederick Nuboer

Title: Chief Executive Officer

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Calabas 77, Aruba

Citizenship The Netherlands, Aruba

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Gerrit van Heijningen

Title: Chief Operations Officer & Crew Training Manager

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Kurimiauw 2R, Aruba

Citizenship The Netherlands

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Rony Racherds

Title: Chief Maintenance Officer

Work Address: Dokweg 19, Maduro Plaza, Curacao

Residential Address: Weto, Kaya B-50, Curacao

Citizenship The Netherlands, Aruba

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Frank Judell

Title: Chief Financial Officer

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Cumana 101 G, Aruba

Citizenship The Netherlands

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Stephan van Spaandonk

Title: Quality & Safety Manager**

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Wayaca 380, Aruba

Citizenship The Netherlands, Aruba

Not related by blood or marriage to any other individual(s) listed in exhibit B
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Name: Franklin Krosendijk

Title: Manager Ground Operations

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Sero Alejandro 5-H, Aruba

Citizenship: The Netherlands, Aruba

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Miguel Maduro

Title: Security Manager

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Savaneta 14, Aruba

Citizenship: The Netherlands, Aruba

Not related by blood or marriage to any other individual(s) listed in exhibit B

Name: Ludwig Hermans

Title: Fleet Manager MD80/Chief Pilot

Work Address: Wayaca 31-A, Oranjestad, Aruba

Residential Address: Paradera 48-Z, Aruba

Citizenship: The Netherlands

Not related by blood or marriage to any other individual(s) listed in exhibit B

** The Quality & Safety Manager’s responsibilities include monitoring all maintenance activities 

performed by other companies. 

 
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Exhibit C

Ownership

(Attached)
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Exhibit D

Relationship with Insel Air International B.V.
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Exhibit E

OST Form 6411, Foreign Carriers Certificate(s) of Insurance

(Attached)
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Exhibit F 

Air Operator Certificate

(Attached)
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Exhibit G 

Background, Operations, and International Route Structure 

(and other relevant info about shareholders) 

Insel Air International N.V. (doing business as InselAir Aruba) obtained its Air Operating 

Certificate in November 29th, 2012. Since December 1st, 2012 it has been operating 

charter flights using one DC-9-82 aircraft. It is the intention to start scheduled and charter 

flights from Aruba to several destinations in the United States as of June 1, 2013, 

connecting the Caribbean with North American destinations.

Currently CFS Aruba NV holds 70 percent of the issued stocks and Insel Air 

International B.V. holds the remaining 30 percent of the issued stocks of Insel Air 

International N.V. 
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Exhibit H 

List of Aircraft

Registration Aircraft Make/Model Serial Number Date of Manufacture

P4-MDD Boeing DC-9-82 49972 24-Aug-1990

This aircraft is leased from Insel Air International B.V. and registered in Aruba.
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Exhibit I

Financial Summary

Submitted in a separate, sealed envelope per the InselAir Aruba Motion for 

Confidential Treatment Pursuant to Rule 12.
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Exhibit J

Traffic/Financial Forecast

Submitted in a separate, sealed envelope per the InselAir Aruba Motion for 

Confidential Treatment Pursuant to Rule 12.
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Exhibit K 

Home Country Route Designation 
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Exhibit L 

Waiver of Warsaw Convention Liability Limits

(Attached)
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Exhibit M 

Foreign Air Carrier Family Support Act Plan
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Exhibit N 

Summary of Passenger Manifest Collection Procedures

Insel Air International N.V.

Introduction

This summary is submitted by Insel Air International N.V. to the U.S. 

Department of Transportation in accordance with 14 C.F.R. Part 243. 

Summary of Procedures

For each covered flight segment, Insel Air International N.V. shall collect, or

cause to be collected, the full name of each passenger who is a U.S. citizen. Any U.S. 

citizen who does not provide this information will not be permitted to board. 

Insel Air International N.V. will request an emergency contact telephone number 

and name from U.S. citizen passengers. As the provision of this information is voluntary, 

Insel Air International N.V. will not deny boarding to any passenger who refuses to 

provide it. 

Insel Air International N.V. shall store the information collected pursuant to the 

above procedures until passengers on the covered flight segment disembark. This 

information will be kept confidential and will not be used for purposes other than those 

described herein or disclosed to any entity except as required and permitted by law.

In the event of an aviation disaster, Insel Air International N.V. shall contact the 

Managing Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State 

Department, by telephone. Not later than three hours after confirmation of such a disaster, 

Insel Air International N.V. shall transmit to the U.S. State Department and, upon 

request, the National Transportation Safety Board, the information collected in 

accordance with these procedures.

 24 Hour Contact Information 

Insel Air International N.V.’s 24-hour operations center is located in Wayaca 31-

A, Oranjestad, Aruba. Any agent of the U.S. government may contact operations center 

personnel at any time by dialing +297 582-4700 or via email at ops-aua@flyinselair.com.
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