BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) INSEL AIR INTERNATIONAL B.V. ) ) Docket No. OST-2007-27718 For renewal of exemption under 49 U.S.C. § 40109 ) ) (Netherlands Antilles – US) ) __________________________________________)

APPLICATION OF INSEL AIR INTERNATIONAL B.V. FOR RENEWAL OF EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

December 2, 2011 Josh Romanow Justin Bintrim 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 justin.bintrim@pillsburylaw.com

Counsel for Insel Air International B.V.

NOTE: Any person who wishes to support or oppose this applica tion may file an answer, and serve that answer on counsel id entified above and all persons served with a copy of this application. Answers to this app lication are due on December 17, 2011.BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) INSEL AIR INTERNATIONAL B.V. ) ) Docket No. OST-2007-27718 For renewal of exemption under 49 U.S.C. § 40109 ) ) (Netherlands Antilles – US) ) __________________________________________)

APPLICATION OF INSEL AIR INTERNATIONAL B.V. FOR RENEWAL OF EXEMPTION AUTHORITY

Insel Air International B.V. (“Insel Air”), an air carrier of Curaça o, hereby applies under the provisions of 49 U.S.C. §40109 and the Departme nt’s Rules of Practice in Proceedings (14 C.F.R. §§ 302.201 and 302.301, et seq. ) for renewal of its existing ex emption authority to engage in scheduled foreign air transportation of persons, property, and mail from points behind Curaçao, Sint Maarten and the BES Islands of Bonaire/Saba/Sint Eustatius (the former Netherlands Antilles) 1 via Curaçao, Sint Maarten and th e BES Islands of Bonaire/Saba/Sint Eustatius and intermediate points, to points in the United States and beyond, to the full extent permitted by the open skies U.S. – Netherlands Antilles Air Transport Agreement, which is still being recognized by Curaçao. 2 Insel Air requests that this renewal remain in effect for a period of two years, or until the Department issues Insel Air an amended fo reign air carrier permit for this authority.

1 Curaçao, Sint Maarten and the BES Islands (Bonaire, Sa ba, Sint Eustatius) are legal successors to the U.S.- Netherlands Antilles Air Transport Agreement. 2 The Air Transport Agreement between the United States of America and the Kingdo m of the Netherlands in respect of the Netherlands Antilles relating to Air Tr ansport between the Netherlands Antilles and the United States of America (the “U.S. – Netherlands Antilles Air Transport Agreement”) was signed on July 14, 1998.In support of this application, Insel Air states as follows:

1. By Order 2007-12-1 (served December 3, 2007) 3 , the Department issued a foreign air carrier permit to Insel Air permitting it to engage in scheduled foreign air transportation of persons, property and mail between a point or points in the Netherlands Antilles, on the one hand, and a point or points in the United States on the other hand, via intermediate points. The permit also author izes Insel Air to engage in other charter trips in foreign air transportation subject to the terms, conditions and limitations of the Department ’s regulations governing charters.

2. By Notice of Action taken in this docket dated December 2, 2009 the Department granted Insel exemption authority to engage in scheduled foreign air transportation of persons, property and mail from points behind the Netherlands Antilles, via the Netherland Antilles and intermediate points, to points in the United States and beyond to the full extent permitted by the U.S.-Netherlands Antilles Air Transport Agreement.

3. Authority Requested: Insel Air seeks a re newal of this exemption authority to engage in scheduled forei gn air transportation of persons, property, and mail from points behind Curaçao, Sint Maarten and the BES Islands of Bonaire/Saba/Sint Eustatius (collectively, the former Netherlands Antilles), via Curaçao, Sint

Maarten and the BES Islands of Bonaire/ Saba/Sint Eustatius and intermediate points, to points in the United States and beyond, to the full extent permitted by the U.S. – Netherlands Antilles Air Transport Agreement.

4. Insel is not requesting any new authority, simply renewal of its existing authority previously granted by the Department in this docket. Insel understands that

3 As reissued by the Department on December 10, 2008.discussions with respect to a formal successor agreement to the U.S. – Netherlands Antilles Open Skies Agreemen t are already underway, with meetings in Washington scheduled for early D ecember 2011. Given the current ongoing and positive discussions on th is issue, granting Insel’s renewal application would be entirely appropriate, and a reflection of the good state of aviation relations and comity and reciprocity between the U.S., the Netherlands, Curaçao, and the

former Netherlands Antilles and would also be consistent with prior decisions by the Department.

5. The U.S. – Netherlands Antilles Air Tran sport Agreement, a liberal, open-skies bilateral, specifically grants the foll owing rights in Annex 1 of the agreement: Airlines of each Implementing Entity de signated under this Annex shall, in accordance with the terms of their designation, be entitled to perform scheduled international air transportation betw een points on the following routes:

A. Routes for the airline or airlin es designated by the Government of The Netherlands Antilles: 1. From points behind the Netherlands Antilles via The Netherlands Antilles and intermediate points to a point or points in the United States and beyond.

6. Insel Air is fully qualified to operate th e services for which renewal authority is herein requested. Grant of this applicati on will serve the public interest and allow Insel to provide services in markets that have historically been underserved and would benefit from approval of this renewal application.

7. Grant of the authority sought herein will not result in a near term increase in fuel consumption of ten million gallons or mo re, and therefore will not comprise a “major regulatory action” under the Ener gy Policy and Conservation Act of 1975, as defined at 14 C.F.R. § 313(a)(1).8. Insel Air invokes and relies upon the auto matic renewal provisions of Section 558(c) of the Administrative Procedure Ac t (5 U.S.C. 558(c)), as implemented by Part 377 of the Department’s Special Regula tions, to continue in effect its existing exemption authority pending final Departme nt action on this renewal application. WHEREFORE, based upon the foregoing informa tion, Insel Air respectfully requests that the Department renew its exemption authority to engage in scheduled fo reign air transportation of persons, property and mail as more fully described above.

Respectfully submitted,

Josh Romanow Justin Bintrim PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037 Phone: (202) 663-8000 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com justin.bintrim@pillsburylaw.com December 2, 2011 Counsel for Insel Air International B.V.CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing re newal of exemption au thority of Insel Air International B.V. has been served this 2 nd day of December 2011, upon each of the parties below by electronic mail: Brian Hedberg U.S. Department of Transportation brian.hedberg@dot.gov Hans de Jong Netherlands Ministry of Transport Hans.deJong@minienm.nl James J. Ballough Federal Aviation Administration, AFS-1 800 Independence Avenue, S.W., Rm. 821 Washington, D.C. 20591 jim.ballough@faa.gov

James Jelinski Aviation Safety Inspector Supervisor Federal Aviation Administration 8600 NW 36 th 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 17 th 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