BEFORE THE UNITED STATES

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

Application of I

I

Aerolineas Santo Domingo, SA. I

I

for renewal of exemption pursuant to 49 U.S.C. I

40109 and for Scheduled Foreign Air Carrier I

Permit Pursuant 49 U.S.C. 41301 Transportation I

between the Dominican Republic and United States I

__________________________ ~----I

DOCKET: OST-2000-6796

APPLICATION FOR RENEWAL OF EXEMPTION

AND FOR A FOREIGN CARRIER PERMIT

Communication with respect to this document should be sent to:

Luis A. Irizarry

Aviation Consultant

L. A. Irizarry & Associates, Inc.

P.O. Box 37217 Airport Station

San Juan, Puerto Rico P.R. 00937-0217

Tel: (787) 752-7621

Email: irizarrv@icenetworks.com

NOTICE: Any person may support or approved this application by filing an answer with the

Documentary Service Division, Department of Transportation, by May 15, 2014 and serving a

copy of the answer on all persons listed in the service list attached to this applicant.

Date: April 23, 2014
BEFORE THE UNITED STATES

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

Application of I

I

Aerolineas Santo Domingo, SA. I

I

for renewal of exemption pursuant to 49 U.S.C. I

40109 and for Scheduled Foreign Air Carrier I

Permit Pursuant 49 U.S.C. 41301 Transportation I

between the Dominican Republic and United States I

__________________________________ 1

DOCKET: OST-2000-6796

APPLICATION FOR RENEWAL OF EXEMPTION

AND FOR A FOREIGN CARRIER PERMIT

Pursuant to 49 U.S.C. Section 401 09(c), Aerolineas Santo Domingo, S.A.(ASD) hereby applies

to the Department of Transportation for renewal of its exemption from Section 40109 of the

same title, and for a foreign air carrier permit, to conduct On demand and scheduled foreign air

transportation of persons, property and mail between the Dominican Republic and United

States. ASD requests renewal and amending of the exemption for a period of not less than two

years. The existing exemption will expired on June 13,2014. ASD relies or 5 U.S.C. 558(c) as

implemented in Part 377 of the Department Rules to able to continue exercising its exemption

authority until such time as the Department take final action on the application.

In support of its application, ASD state as follows:

1. ASD is a corporation organized and existing under the laws of the Dominican Republic.

It holds authority from the Dominican Republic Government to operate international charter air

transportation and is specially designated by the Government of the Dominican Republic and

United States.

2. On May 21, 2001, the Department authorized ASD to engage in foreign air

transportation of persons and property between the Dominican Republic and United States

effective May 21, 2001. This authority was confirmed by order OST - 2000-6796-2.
3. In order 2000-6796 -2 the Department explicitly found that: the authority sought by ASD

is provided for in the July 22, 1986 bilateral agreement/reciprocity between the United States

and the Dominican Republic; ASD is properly licensed and designated by the Dominican

Republic Government to perform the proposed services; ASD is financially and Operationally

qualified to perform the services authorized; the carrier is substantially owned and effectively

controlled by Dominican Republic Nationals. In order 2000-6796-2 the Department found that

the authority sought by ASD is consistent with the public interest; immediate action was required

and was consistent with Department policy; grant of the exemption was consistent with the

public interest. These findings continue to be valid.

4. Renewal of this exemption authority is warranted by the July 22, 1986 bilateral

agreement/reciprocity between the United States and the Dominican Republic. Furthermore,

renewal and amend will enable ASD to continue to provide service between Dominican

Republic and United States and will benefit the traveling and shipping public. Renewal ASD

exemption and foreign air carrier permit accordingly is in the public interest.

5. The Dominican Republic was a Category 2 country under the FAA's International

Aviation Safety Assessment Program (IASA), but at this time it has been updated to a Category

1.

6. ASD may conduct U.S. operations with its own aircrafts and crews at this time.

WHEREFORE, Aerolineas Santo Domingo, S.A. (ASD) respectfully requests that the

Department of Transportation renew, for a period of not less than two year, its exemption and

foreign air carrier permit to conduct scheduled foreign air transportation of person and property

between Dominican Republic and United States.
ully submitted,

.A. rry Associates, Inc.

Aviation Consultant

P.O. Box 37217 Airport Station

San Juan, P.R. 00937-0217

Tel:(787) 752-7621

Email: irizarry@icenetworks.com
CERTIFICATE OF SERVICE

I hereby certify that the foregoing Application for Renewal for Exemption and air carrier permit

has been mailed by Regular Mail 10 all persons and entities shown on the attached service list in

accordance with the Department procedures regulations.

SERVICE LIST

Department of Transportation

Office of the Secretary

400 Seventh Street, N.W.

Washington, DC 20590

Department of State

Office of Aviation

2201 C Street, N.W.

Washington DC 20520

Office of the Administrator

Federal Aviation Administration

800 Independence Ave. S.W.

Washington DC 20591

American Airlines

CIO Govemment Rep.

1101 Seventeenth Street, N.W. Room 600

Washington DC 20036

Hon. Carmen Yulin Cruz

Mayor, San Juan City

PO Box 9024100

San Juan, P.R. 00902-4100

Mr. Victor Suarez

Executive Director

Puerto Rico Ports Authority

GPO Box 362829

San Juan, P.R. 00930-2829

Aviation Director

IDAC

Santo Domingo, Dominican Republic
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 13,2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2000-6796

This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional confirming order will be issued in this matter).

Applicant: Aerolineas Santo Domingo, S.A. Date Filed: May 2, 2013

Relief requested: Renew exemption from 49 US.c. § 41301 to engage in scheduled foreign air transportation of persons,

property and mail between any point or points in the Dominican Republic, on the one hand, and Miami, Florida; New

York, New York; and points in Puerto Rico, on the other hand, and to conduct charters in accordance with Part 212 of the

Department's rules. The applicant requests that the authority be granted for a term of not less than two years.

If renewal, date and citation oflast action: June 6, 2012, in this Docket

Applicant representative: Luis A. Irizarry (787) 752-7621 DOT Analyst: Shelita A. Johnson (202) 366-1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved in part (one-year grant), remainder (request for longer-term authority) dismissed 1

Action date: June 13, 2013

Effective dates of exemption authority granted: June 13, 2013 - June 13, 2014

Basis for approval (bilateral agreement/reciprocity): Air Transport Agreement between the United States and the

Dominican Republic, dated July 22,1986.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

~Standard exemption conditions (attached)

Action taken by: Paul L. Gretch, Director

Office of International Aviation

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (l) the applicant is qualified to perform

the proposed operations; (2) our action was consistent with Department policy; (3) grant of the authority was consistent with the public

interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of

1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket We may amend, modify, or

revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department's regulations, 14 CFR

§ 385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken,

and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

Itttp:IIJI'lI'lv.regulatiolls.gov

1 The one-year duration of the authority we granted is consistent with our usual policy of granting exemption authority in the

circumstances presented. We, therefore, dismissed the application to the extent that it sought authority for a longer period.
Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for

such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation

Security Administration, and with all applicable U.S. Government requirements concerning security,

including, but not limited to, 14 CFR Parts 129,91, and 36 and 49 CFR Part 1546 or 1550, as applicable.

To assure compliance with all applicable U.S. Government requirements concerning security, the holder

shall, before commencing any new service (including charter flights) from a foreign airport that would be

the holder's last point of departure for the United States, contact its International Industry Representative

(IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and

to find out whether the Transportation Security Administration has determined that security is adequate

to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and,

prior to the commencement of any operations under this authority, file evidence of such coverage, in the

form of a completed OST Form 6411, with the Federal Aviation Administration's Program Management

Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be

filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at

least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for

international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the

purposes of28 US.c. 1605(a), but only with respect to those actions or proceedings instituted against it

in any court or other tribunal in the United States that are: (a) based on its operations in international air

transportation that, according to the contract of carriage, include a point in the United States as a point of

origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased

in the United States; or (b) based on a claim under any international agreement or treaty cognizable in

any court or other tribunal of the United States. In this condition, the term "international air

transportation" means "international transportation" as defined by the Warsaw Convention, except that

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the

United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled,

nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation

agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and

380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest

as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies

and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the

conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without

explicit Department approval under Title 49 of the U.S. Code.

12/2007