BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Communication with respect to this application may be served upon:

Kevin M. McMaster

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

T: (316) 263-5851

F: (316) 263-4677

Counsel for Southern Air Charter Co., LTD

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

and serving a copy of the answer on counsel of Southern Air Charter Co., 

LTD and upon person served with this application no later than, April 29, 

2011.

DATED: April 14, 2011
2

BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. §40109(c) Southern Air Charter Co. Ltd, respectfully 

request renewal of the above-captioned exemption form 49 U.S.C. §41301, granted by 

the NOTICE OF ACTION TAKEN dated May 17, 2010, for an additional one-year 

period. The notice permits Southern Air Charter Co., LTD to engage in charter air 

transportation of persons, property and mail between the Bahamas and United States of 

America and other charters subject to Part 212 of the Department’s rules, using small 

aircraft. By the filing of this application Southern Air intends to invoke the automatic 

extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department’s Special 

Regulations.

In support of its request for renewal of the exemption application, Southern Air 

Charter Co., Ltd states the following:

1. Southern Air Charter Co., Ltd remains a company organized and existing 

under the laws of the Bahamas. Its main office continues to be located at the Nassau 

International Airport, P.O Box N-9812, Nassau, Bahamas. 
3

2. Southern Air Charter Co., Ltd continues to provide air transportation 

services pursuant to an Air Operator Certificate issued by the Commonwealth of the 

Bahamas. It remains licensed by the Bahamian Department of Civil Aviation and 

governed by the principals of reciprocity as set forth in the next paragraph.

3. The requested authority and exemption is consistent with the U.S. –

Bahamas authority granted with the 1946 Air Transport Agreement between the United 

States and the United Kingdom, to which the Government of the Bahamas acceded upon 

its independence, and with the overall state of aviation relations between the United 

States and the Bahamas.

4. The owner and operation of Southern Air Charter Co., Ltd has not 

changed since the application filed February 1, 2010.

5. Southern Air Charter Co., Ltd has not been involved in any safety 

violations or tariff violations or fatal accidents in the past five years.

6. Under 49 U.S.C. § 40109(c), the Department my grant an exemption if it 

finds that such grant is consistent with the public interest. In issuing the NOTICE OF 

ACTION TAKEN dated May 17, 2010, to Southern Air the Department of 

Transportation recognized that the licensing of Southern Air by its homeland government 

to operate as a charter air carrier is sufficient under the U.S.-Bahamas aviation 

relationship to justify exemption authority. The same findings remain warranted today 

and the public interest is clearly served by maintaining a variety of competitive air 

service options between the United States and the Bahamas.

WHEREFORE, Southern Air Charter Co., Ltd., respectfully requests that the 

Department of Transportation renew the above-captioned exemption for one additional 
4

year. The requested renewal would be for the time period of May 17, 2011 through May 

17, 2012.

Respectfully submitted,

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

(316) 263-5851

(316) 263-4677 fax

By: ___s/ Kevin M. McMaster__________

 

Counsel for Southern Air Charter Co., LTD

CERTIFICATE OF SERVICE

I hereby certify that on this _14th_ day of April, 2011 a true and accurate copy of 

the above and forgoing was served upon those required by 14 CFR §302.203(b)(2)(ii) by 

depositing same in the United States Mail, postage prepaid to:

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

and electronic transmission to:

Mr. Thomas A. Gillies tgillies@southernair.com

Southern Air, Inc

___s/ Kevin M. McMaster__________