Application of 

ORIGINAL 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 1- ' 

PAN AMERICAN WORLD AIRWAYS 

DOMINICANA, C. POR A., D/B/A PA WA 

DOMINICANA 

Docket OST-2009-0062 

for Renewal of an Exemption pursuant to 49 U.S.C. 

§ 40109 (Dominican Republic-Miami and Ft. 

Lauderdale, FL 

APPLICATION OF PAN AMERICAN WORLD AIRWAYS 

DOMINICANA, C. PORA., D/B/A PAWA DOMINICANA 

FOR RENEWAL OF AN EXEMPTION 

Communications with respect to this document should be sent to: 

MirthaM. Espada Guerrero 

Preside11t and Chief Executive Officer 

PAN AMERICAN WORLD AIRWA YS;4 

DOMINICANA C por A., d/b/a PAW A 

DOMINICANA 

Av. Gustavo Mejia Ricart #93 

Plaza Piantini 

Santo Domingo, Dominican Republic 

(829) 470-8900 (tel.) 

mespadaia1pawad.com.do 

www.pawad.com.do 

April 29, 2011 

Nathaniel P. Breed, Jr. 

ZUCKERT SCOUTT & 

RASENBERGER, LLP 

888 17th Street, NW Suite 700 

Washington, D.C. 20006-3309 

(202) 973-7919 (tel.) 

(202) 342-0683 (fax) 

npbreed((llzsrlaw.com 

Attorneys for 

PAN AMERICAN WORLD AIRWAYS 

DOMINICANA, C PORA., D/B/A PAWA 

DOMINICANA 

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

DOT's Docket Section and serving a copy of its answer on the applicant and all persons 

listed on the attached Service List. Answers to this exemption application are due to be 

filed on or before May 16, 2011. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

PAN AMERICAN WORLD AIRWAYS 

DOMINICANA, C. PORA., D/B/A PAWA 

DOMINICANA 

for Renewal of an Exemption pursuant to 49 U.S.C. 

§ 40109 (Dominican Republic-Miami and Ft. 

Lauderdale, FL) 

April 29, 2011 

Docket OST-2009-0062 

APPLICATION OF PAN AMERICAN WORLD 

AIRWAYS DOMINICANA, C. POR A., D/B/A PAWA 

DOMINICANA FOR RENEWAL OF AN XEMPTION 

Pan American World Airways Dominicana, C. por A., d/b/a PA WA Dominicana 

("P A W A Dominicana") hereby submits this Application for renew'al of its temporary 

exemption, issued pursuant to 49 U.S.C. Section 40109 and Subpart C of the Procedural 

Regulations of the U.S. Department of Transportation (the "Department"), authorizing 

PA W A Dominicana, a Dominican Republic air carrier, to provide scheduled and charter 

foreign air transportation carrying persons, property and mail, utilizing DC-9-32 aircraft, 

between Santo Domingo and Santiago, and other points in the Dominican Republic, on 

the one hand, and Miami and Ft. Lauderdale, FL, on the other hand, pursuant to thc Air 

Transport Agreement between the United States and the Dominican Republic of 1986 

(the "Agreement"). 
PAW A Dominicana Exemption Renewal Application 

Dominican Republic-MIA and FLL, FL 

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The only significant change in the fitness and citizenship information previously 

submitted by PAW A Dominicana in support of its initial Foreign Air Carrier Permit 

application in Docket OST-2007-29368 (tentatively granted by Show Cause Order 2007-

12-12, December 18, 2009) involves the sale of 100 percent of PAW A Dominicana' s 

common stock to two new Dominican investors on March 30, 2010, and the designation 

of new directors and executive officers on and after that date. PAW A Dominicana plans 

to submit detailed information pertaining to the new shareholders, directors, and 

managing officers of PAW A Dominicana, as described in Section 21 1.20 of the 

Department's Economic Regulations, in the near future. All other information pertaining 

to the operating base and primary aircraft fleet and operations of PAW A Dominicana 

remains essentially the same. 

In all other respects, the infonnation, evidence and documents submitted by 

PAW A Dominicana in support of its previously-filed Foreign Air Carrier Permit 

application is equally applicable to its current application for renewal its equivalent 

exemption authority. To the extent necessary, PAWA Dominicana hereby incorporates 

by reference all of its previously-filed information, evidence and documents as 

infonnation, evidence and documents in support of this exemption renewal application. 

PAW A Dominicana has previously filed duly dated and signed copies of its 

Foreign Air Carrier Certification ofInsurance on OST Fonn 6411, and copies of its 

signed and dated Warsaw Liability Limits and Defenses Waiver Agreement on OST 

Form 4523, with the Department, and has contemporaneously filed copies of its Aviation 
PAW A Dominicana Exemption Renewal Application 

Dominican Republic-MIA and FLL FL 

- 3 -

Accident Family Assistance Plan. and Passenger Manifest Information Plan with the 

Department and the National Transportation Safety Board ("NTSB"). 

By Notice of Action Taken, issued on May 4, 2009, in Docket OST-2009-0062, 

the Department granted an Exemption to PAW A Dominicana authorizing it to conduct 

scheduled foreign air transportation of persons, property and mail between Santo 

Domingo, Punta Cana and Puerto Plata, Dominican Republic, on the one hand, and 

Miami and Ft. Lauderdale, Florida, on the other hand, for a period of two years, through 

May 4. 2011. [n this application, PA WA Dominicana is requesting a two-year extension 

of the foregoing exemption authority. 

In accordance with Section 302.303 and Section 21l.20 of the Department's 

Regulations, PAW A Dominicana submits the following infomlation in support of this 

renewal application. 

1. Existing Authority and Operations. 

PAW A Dominicana is a Dominican Republic air carrier based in Santo Domingo. 

D.R., and currently holds Dominican Republic economic and operational authority to 

provide scheduled and charter air transportation of passengers, cargo and mail within the 

Dominican Republic, and between the Dominican Republic and points in Puerto Rico and 

Florida in the United States. PA WA Dominicana's current service is operated utilizing a 

fleet of 19-passenger Jetstream 3100 turboprop aircraft, and two 1 OO-passenger DC-9-32 

aircraft. 
PAW A Dominicana Exemption Renewal Application 

Dominican Republic-MIA and FLL, FL 

- 4 -

2. Automatic Extension. 

PAW A Dominicana hereby invokes and relies upon the provisions of Section 

558(c) of the Administrative Procedure Act, 5 U.S.c. § 558(c), as implemented by Part 

377 of the Department's Special Regulations, to continue its temporary exemption to 

provide scheduled and charter foreign air transportation between points in the Dominican 

Republic and Miami and Ft. Lauderdale, FL until the Department makes a final 

determination of this application. In accordance with Section 377.1 O( c )(3), this renewal 

application is being filed prior to the expiration date of the temporary authority at issue. 

3. Ownership, Citizenship and Fitness. 

As noted above, PAW A Dominicana sold 100 percent of its equity ownership to 

new Dominican Republic investors on March 30,2010. New Part 211 infonnation, 

bearing on the revised ownership and management of PAW A Dominicana, will be 

submitted to the Foreign Air Carrier Licensing Division as soon as possible. 

4. Applicable Bilateral Agreement. 

As the Department has previously determined (Order 2009-12-12, p. 3, issued 

December 17,2007, in Docket OST-2007-29368), the authority requested by PA WA 

Dominicana herein is consistent with the 1986 Air Transport Agreement between the 

United States and the Dominican Republic. 
PA WA Dominicana Exemption Renewal Application 

Dominican Republic-MIA and FLL, FL 

- 5 -

5. Incremental Energy Consumption. 

Grant of PAW A Dominicana' s application for renewal of its existing exemption 

authority will not result in any material change in PA WA Dominicana's current energy 

consumption requirements. Accordingly, grant of this application will not constitute a 

major regulatory action under the Energy Policy and Conservation Act of 1975. 

6. Duration of Renewal. 

PAW A Dominicana requests that the exemption authority at issue be renewed for 

a two-year period, or until 60 days after final action by the Department on PA WA 

Dominicana's pending application in Docket OST-2007-29368 for issuance of a Foreign 

Air Carrier Permit granting the same and other authority. Grant of a two-year renewal is 

consistent with the policy and practice of the Department in renewing temporary 

authorizations in open-entry markets. 
PAW A Dominicana Exemption Renewal Application 

Dominican Republic-MIA and FLL, FL 

- 6 -

WHEREFORE, PAW A Dominicana respectfully requests the Department to issue 

an Order or Notice of Action Taken granting PA WA Dominicana's application for the 

renewal of the exemption at issue for a period of two years, or until 60 days after final 

action by the Department on PA WA Dominicana's pending application for a Foreign Air 

Carrier Permit in Docket OST-2007-29368 authorizing the same, and other, operations, 

whichever occurs first. 

Respectfully submitted, 

LA.;}; .:.J. 9.~.J ,<;]v. 

Nathaniel P. Breed, Jr. 

ZUCKERT SCOUTT & RASENBERGER, LLP 

Attorneys for 

PAN AMERICAN WORLD AIRWAYS 

DOMINICANA, C PORA., D/B/A PAWA 

DOMINICANA 
CERTIFICATE OF SERVICE 

I hereby certify that on this 29th day of April 2011, a copy of the foregoing Application of 

Pan Am Dominicana for Renewal of an Exemption authorizing Pan Am Dominicana to operate 

air transportation service between points in the Dominican Republic and Miami and Fort 

Lauderdale, FL was served by electronic mail or first-class mail on the following: 

Jeffrey Manley 

Senior Advisor - Regulatory Affairs 

United Air Lines, Inc. 

1025 Connecticut Avenue, N.W. 

Suite 1210 

Washington, DC 20036 

jeffrey.manley@united.com 

R. Bruce Keiner, Jr. 

Counsel for Continental Airlines 

Crowell & Moring LLP 

1001 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

rbkeiner@crowell.com 

Marshall S. Sinick 

Counsel for Florida West 

International Airways 

Squire, Sanders & Dempsey L.L.P. 

1201 Pennsylvania Avenue, N.W. 

Suite 500 

Washington, D.C. 20004 

msinick@ssd.com 

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airlines, Inc. 

1101 17th Street, N.W. 

Suite 600 

Washington, D.C. 20036 

carl.nelson@aa.com 

John L. Richardson 

Counsel for Amerijet International 

John L. Richardson, P.L.L.C. 

555 13th Street, N.W. 

Suite 420 West 

Washington, D.C. 20004 

jrichardson@johnlrichardson.com 

Angeline Garbuzinski 

Legal and Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3rd Floor 

Memphis, TN 38125 

anbird0>fedex.com 

Dan Weiss 

Continental Airlines, Inc. 

Government Affairs-8th Floor 

1600 Smith Street 

Dept. HQSGV 

Houston, TX 77002 

dan. weiss@coair.com 

John Palo 

Vice President, Planning Military 

and Government 

Evergreen International Airlines, Inc. 

3850 Three Mile Lane 

McMinnville, OR 97128 

john.palo0>evergreenairlines.com 

charters@evergreenairlines.com 

Howard Kass 

Managing Director & Associate General 

Counsel 

US Airways 

1401 H Street, N.W. 

Suite 1075 

Washington, D.C. 20006 

howard _ kass@usairways.com 
Anita Mosner 

Jennifer Nowak 

Counsel for United Parcel Service 

Holland & Knight 

2099 Pennsylvania Avenue, NW 

Suite 100 

Washington, D.C. 20006 

Anita.mosner@hklaw.com 

Jennifer.nowak@hklaw.com 

Malcolm Benge 

Counsel for North American Airlines 

Zuckert, Scoutt & Rasenberger LLP 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, DC 20006 

mlbenge@zsrlaw.com 

Pierre Murphy 

Counsel for Brendan Airways, L.L.C. 

d/b/a USA 3000 Airlines and Arrow Air 

1200 New Hampshire Avenue, N.W. 

Suite 590 

Washington, D.C. 20036-6802 

pmurphy(al,lopmurphy.com 

John S. Fredericksen 

Vice President and General Counsel 

MN Airlines, LLC dba Sun Country 

Airlines 

1300 Mendota Heights Road 

Mendota Heights, MN 55120 

john.fredericksen@suncountry.com 

Jonathan B. Hill 

Counsel for JetBlue 

Dow Lohnes 

1200 New Hampshire Avenue, N.W. 

Suite 800 

Washington, DC 20036-6802 

jhill@dowlohnes.com 

2 

Alexander Van Der Bellen 

Managing Director - Government Affairs 

and Associate General Counsel 

Jeff Morgan 

Sametta C. Barnett 

Delta Air Lines, Inc. 

1212 New York Avenue, N.W. 

Washington, DC 20005 

Sascha. vanderbellen@delta.com 

J eff.morgan@delta.com 

sametta.c.bamett@delta.com 

Joanne W. Young 

Counsel for Spirit Airlines 

Kirstein & Young PLLC 

1001 Pennsylvania Ave., N.W. 

Suite 600 South 

Washington, DC 20004 

jyoung@yklaw.com 

Mark W. Atwood 

Counsel for Kalitta Air and Xtra Airways 

Cozen 0' Connor 

Army Navy Building 

1627 I Street, NW 

Suite 1100 

Washington, D.C. 20006 

matwood@cozen.com 

ldunn@xtraairways.com 

Robert J. Finamore 

Analyst 

Room W-86-433 

Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Robert.finamore@dot.gov 

George Wellington, Chief 

Foreign Carrier Licensing Division 

Office of International Aviation 

Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

george. wellington@dot.gov 
John M. Allen 

Director 

Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 821 

Washington, D.C. 20591 

john.allen@faa.gov 

o ~·I .. IY.li.. J ,~. Nathaniel P. Breed 

3