BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

FLORIDA WEST INTERNATIONAL ) Docket DOT-OST-2011-0194

AIRWAYS, INC. )

)

for an exemption pursuant to 49 U.S.C. 40109 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be addressed to:

. Marshall S. Sinick

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6651

marshall.sinick@squiresanders.com

. Counsel to Florida West International Airlines, Inc.

DATED: September 16, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

FLORIDA WEST INTERNATIONAL ) Docket DOT-OST-2011-0194

AIRWAYS, INC. )

)

for an exemption pursuant to 49 U.S.C. 40109 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Florida West International Airways, Inc. (“FWIA”) hereby requests renewal of the

exemption authority granted to it by the Department of Transportation (“Department”) in the abovecaptioned docket to engage in the scheduled foreign air transportation of property and mail between

any point or points in the United States, via intermediate points, in both directions, to a point or

points in Peru, Argentina, Brazil and Venezuela and beyond to points in the Western Hemisphere,

and to integrate this authority with its existing certificate authority. This exemption expires on

October 31, 2013. FWIA requests renewal of this authority for a two-year period on its existing

terms and conditions. FWIA relies on the provisions of the Administrative Procedure Act and Part

377 of the Department’s procedural regulations to continue its existing authorization in force

pending a final decision on this renewal request.1

In further support of its request for renewal, FWIA states as follows:

1 To the extent necessary, FWIA requests a waiver of the advance filing requirement of Part 377 or, in the

alternative, that the Department act on this renewal request prior to October 31, 2013.
Application for Renewal of Exemption

Docket DOT-OST-2011-0194

September 16, 2013

2

1. FWIA is a Delaware corporation whose mailing address is 6640 N.W. 22nd Street,

Building 707—Suite 216, Miami, Florida, 33122. FWIA holds certificates of public

convenience and necessity authorizing it to provide scheduled interstate transportation of

property and mail and scheduled foreign air transportation of property and mail to a number of

foreign points. See, e.g., Orders 99-12-7, 2000-8-19 and 2004-5-23.

2. FWIA is a citizen of the United States as defined in 49 U.S.C. 40102(a)(15). U.S.

citizens hold 75% of FWIA’s voting stock. All of the members of FWIA’s Board of Directors

and other managing officers, including its president, are U.S. citizens.

3. As the Department determined in Order 99-12-7, FWIA is fit, willing and able to

provide the services for which renewal is requested, and to conform to the provisions of Title 49

and the rules, regulations and requirements of the Department.

4. FWIA currently operates frequent scheduled flights between the United States and

various points in South America, including the points identified in this application. The

Department has found previously that FWIA’s services to Argentina, Peru, Brazil and Venezuela

and beyond are consistent with the terms of the applicable bilateral agreements.2

5. This renewal application does not raise any environmental or energy concerns.

All flights will continue to be performed with aircraft that meet all applicable noise requirements.

Similarly, approval of this application will not result in a near-term increase in fuel consumption of

ten million gallons or more.

2

See, Notice of Action Taken, Docket DOT-OST-2011-0194, October 31, 2011
Application for Renewal of Exemption

Docket DOT-OST-2011-0194

September 16, 2013

3

WHEREFORE, Florida West International Airlines, Inc. respectfully requests that the

exemption granted to it in the above-captioned docket be renewed for an additional two-year

period on its existing terms and conditions, as more fully described herein.

Respectfully submitted,

_____________________________________

Marshall S. Sinick

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6651

marshall.sinick@squiresanders.com

Counsel to Florida West International Airways, Inc.

DATED: September 16, 2013
CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing Application for Renewal of Exemption has

this day been served on each of the following individuals via telecopier or email.

___________________________

Marshall S. Sinick

DATED: September 16, 2013

steve.morrissey@united.com; dan.weiss@united.com

anita.mosner@hklaw.com

rpommer@atlasair.com

jrichardson@johnlrichardson.com; jcanny@amerijet.com

lachter@starpower.com

anbird@fedex.com

Kevin.montgomery@polaraircargo.com

cargoair@aol.com

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com

dkirstein@yklaw.com

robert.wirick@aa.com; francis.heil@aa.com

pmurphy@lopmurphy.com; pmurphy@ggh-airlaw.com

mlbenge@zsrlaw.com

howard_kass@usairways.com; benjamin.slocum@usairways.com

AGoerlich@ggh-airlaw.com