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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption under 49 U.S.C. § 40109

(United States – Turks and Caicos Islands)

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Docket DOT-OST-2012-0026

APPLICATION OF REPUBLIC AIRLINE INC.

FOR RENEWAL OF EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Scott L. Durgin

Vice President, Administration

Ethan J. Blank,

Vice President and General Counsel

REPUBLIC AIRWAYS HOLDINGS INC.

8909 Purdue Road

Indianapolis, Indiana 46268

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 4999/5659

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

REPUBLIC AIRLINE INC.

December 11, 2013
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

REPUBLIC AIRLINE INC.

for an exemption under 49 U.S.C. § 40109

(United States – Turks and Caicos Islands)

)

)

)

)

)

)

)

)

Docket DOT-OST-2012-0026

December 11, 2013

APPLICATION OF REPUBLIC AIRLINE INC.

FOR RENEWAL OF EXEMPTION AUTHORITY

Pursuant to Subpart C of the Department’s Rules of Practice, Republic Airline

Inc. (“Republic”) hereby applies under 49 U.S.C. § 40109 for renewal of exemption

authority authorizing Republic to continue to provide scheduled foreign air transportation

of persons, property, and mail between a point or points in the United States and a point

or points in the Turks and Caicos Islands. Republic requests that this exemption

authority be renewed for a period of at least two years, or until 90 days after final action

is taken on an application of Republic for U.S. – Turks and Caicos certificate authority,1

whichever occurs earlier.

In support of this renewal application, Republic states as follows:

1

See Application dated December 12, 2007, in Docket DOT-OST-2007-0084. In DOT

Order 2008-4-26 granting certain carriers, including Republic, broad U.S.–Open Skies authority,

the Department deferred its consideration of the request for U.S.–Turks and Caicos Islands

certificate authority, among others, because that proceeding only dealt with authority to serve

Open Skies partners. Id. at n.3.
Renewal Application of Republic Airline Inc.

Page 2

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1. Republic holds exemption authority to provide scheduled foreign air

transportation between the United States and the Turks and Caicos Islands. See Notice

of Action Taken, dated February 24, 2012 (Docket DOT-OST-2012-0026).

2. Approval of this renewal application is in the public interest. Republic

continues to need U.S. – Turks and Caicos exemption authority to accommodate the

service requirements of its fee-for-service/code-share partners, and to provide attractive

service options for travelers seeking convenient service to and from the Turks and

Caicos Islands.

3. Renewal of this U.S. – Turks and Caicos exemption authority is fully

consistent with the terms of the Air Services Agreement between the United States and

the United Kingdom of 1977, as amended, and the overall state of aviation relations

between the United States and the Turks and Caicos Islands; and similar authority has

previously been granted to other U.S. air carriers. See, e.g., JetBlue Airways

Corporation, Notice of Action Taken, August 2, 2012 (Docket DOT-OST-2010-0228).

4. Republic requests that the Department take official notice, pursuant to

Rule 24 of the Department’s Rules of Practice, of all other data on file with the

Department necessary to establish Republic’s fitness.

5. In filing this renewal application, Republic hereby invokes the automatic

extension provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), as

implemented by 14 C.F.R. Part 377. Republic’s current exemption authority for U.S. –

Turks and Caicos service expires on February 24, 2014. This application is therefore

timely filed pursuant to Section 377.10(c).
Renewal Application of Republic Airline Inc.

Page 3

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WHEREFORE, for the foregoing reasons, Republic respectfully requests that the

Department renew Republic’s exemption authorizing it to engage in scheduled foreign

air transportation of persons, property, and mail between a point or points in the

United States and a point or points in the Turks and Caicos Islands, as described

herein.

Respectfully submitted,

__________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Counsel for

REPUBLIC AIRLINE INC.
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Republic Airline Inc. for

Renewal of an Exemption has been served this December 11, 2013, upon each of the

following addressees:

robert.wirick@aa.com; francis.heil@aa.com; sascha.vanderbellen@delta.com;

chris.walker@delta.com; jhill@dowlohnes.com; jyoung@yklaw.com; dkirstein@yklaw.com;

dan.weiss@united.com; howard_kass@usairways.com; jrichardson@johnlrichardson.com;

esta.rosenberg@dot.gov

Jonathan Echmalian