### BEFORE THE U.S. DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C.
Application of 

## 1 1 CSIAVIATION SERVICES, INC. 

## 1 Docket OST-2009-0311 

## 1 for an emergency exemption 

## 1 pursuant to 49 U.S.C. 

## 5 40109 

## 1 and 14C.F.R. 

## 5 302.11. 

## 1

ANSWER OFMIAMI AIR INTERNATIONAL,INC. TO MOTION BY CSI AVIATION SERVICES,INC. TO DISMISS Communications with respect to this document should be sent to:
Ross Fischer, CEO James W. Tello 

### MIAMI AIR INTERNATIONAL, INC. LAW OFFICES OFJAMESW. TELL0 P.O. Box 660880 1025 Connecticut Avenue, NW Miami, FL 3266-0880 Suite 1000 rfischer@,miamiair.com Washington, DC 20036 Phone: 202-399- 1918 Fax: 202-478-0244 jamestello@,earthlink.net Counsel for 

### MIAMI AIR INTERNATIONAL, INC. December 31,2009BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON,D.C.
Application of CSI AVIATION SERVICES, INC. Docket OST-2009-0311 for an emergency exemption pursuant to 49 U.S.C. 

## 540109 and 14 C.F.R. 

## 5302.11.
December 

### 31,2009 ANSWER OF MIAMI AIR INTERNATIONAL,INC. TO MOTION BY CSI AVIATION SERVICES, INC. TO DISMISS By document dated December 29,2009, CSI Aviation Services, Inc. ("CSI") filed
a "Motion to Dismiss Unauthorized Filings" in the nature of a motion to strike or in opposition to earlier motions for by theNational Air Carrier Association ("NACA") and Miami Air International, Inc. ("Miami Air") for leave to file an otherwise unauthorized document and response to the consolidated reply of CSI. Miami Air hereby answers in opposition to CSI's motion on the following grounds:
1. Among other things, CSI bases its motion upon the assertion that Miami Air's motion for an otherwise unauthorized document was filed out oftime. As may be noted, Miami Air's motion was filed on December 28,2009, pursuant to Rule 6(c) in response to the CSI consolidated reply dated December 17,2009,that was posted by the Department on December 22,2009. The time for filing such a motion is within sevenAnswer ofMiami Air International, Inc. To Motion by CSI Aviation Services, Inc. to Dismiss Docket OST-2009-0311 Page 2 of3 days ofthe document to which it seeks to respond. Rule 6(d). That seven day period is defined as follows: "When the period of time prescribed is seven (7) days or fewer, intermediate Saturdays, Sundays, and holidays shallbe excluded in computation, unless otherwise specified by the DOT decisionmakeror the administrative lawjudge assigned to the proceeding, asthe case may be. Rule 8. [Emphasis added.]
The Department has not shortened any time period in this proceeding. Thus, the seventh day following CSI's consolidated reply is December 29,2009, if the time for responseis computed from December 17,2009. Accordingly, Miami Air's motion for an otherwise unauthorized document filed on December 28,2009, was timely filed.

2. CSI also complains inferentially that Miami Air's motion incorporated the document for which leave to file was sought in its motion. However, according to the Department's rules, a motion for leaveto file an otherwise unauthorized documentmay incorporate the document soughtto be allowed. Such motions shall contain a concise statement of the matters relied upon as good cause and shall be attached to the pleading or other document for which leave to file is sought, or the written motion may be incorporated into the otherwise unauthorized document for which the admission is sought. Rule 6(c)(2). [Emphasis added.]
Accordingly, the Miami Air motion was properly made and constituted to respond to new assertions, argument and citations in CSI consolidated reply.Answer ofMiami Air International, Inc. To Motion by CSI Aviation Services, Inc. to Dismiss Docket OST-2009-0311 Page 

### 3 of3



### 3. Theremainder of CSI's "motion to dismiss" is comprised of repetitive or irrelevant matters to which no furtherresponse is necessary.'
WHEREFORE, Miami Air International, Inc. requests that the Department deny CSI's motion to dismiss.
Re&
James 

### . ello 

# LAWOFFICES OF JAMES W.

### TELLO Counsel for MIAMI AIR INTERNATIONAL, INC.

1 We regret that GSA was inadvertently not served with the previous filing by Miami Air. This answer and its previous motion are being sewed on the person who served the GSA filing on Miami Air rather than on the signatory ofthe GSA filing, who did not present her e-mail address on that filing. In order to assure that every party will have the benefit of all three Miami Air filings (all of which are available in the public docket), we are reserving them all with this filing.CERTIFICATE OF SERVICE I hereby certify that on this 31" day of December 2009, a copy of the foregoing document was seryedby e-mail 

### qn the parties named below. 1

es 

### W. Tello 

# 7 bavid M. Hernandez, Esq. Vedder Price P.C. Counsel for CSI Aviation Services, Inc. dhernandez@,vedderprice.com Aaron A. Goerlich Victor H. Smith Garofalo Goerlich Hainbach PC Counsel for Sundowner Oklahoma City, LLC aaoerlich@,aah-airlaw.com vsmith@,agh-airlaw.com - - John S. Fredericksen Vice President-General Counsel 

### MN Airlines, LLC John.fredericksen@,suncountry .com Carl M. Smith, Esq. McGovern & Smith, LLC Counsel for Omni Air International, Inc. Carl.smith@,mcgovernandsmith.com Ron Priddy, President National Air Carrier Association rpriddv@,naca.cc Pierre Murphy Law Offices of Pierre Murphy Counsel for USA 3000 Airlines pmurphy@lopmurphy.com

I This service also includes the previously served (a) Answer of Miami Air International, Inc. to Application of CSI Aviation Services, Inc. for an Emergency Exemption, and (b)Motion for Leave to File an Otherwise Unauthorized Document and Response ofMiami Air International, Inc. to Consolidated Reply of CSI Aviation Services, Inc.Scott Bickford, Chairman Jonathan Tasler, President David McCown, Vice President Air Charter Association ofNorth America C/O Air Planning LLC sbickford@,fl~acana.org jtasler@,flvacana.org -
. dmccown@,flvacana.org Mark A. Robinson Vice President and General Counsel Ryan International Airlines MarkRobinson~,rubloffusa.com Thomas J. Spulak, Esq. King & Spalding LLP Counsel for Falcon Air Express, Inc. tspulak(iikslaw.com Mark W. Atwood Sher & Blackwell, LLP Counsel for TEM Enterprises d/b/aXtra Airways 

### matwood~,sherblackwell.com Robert Binns, Chief Executive Officer Global Aviation Holdings rbinns@,glah.com Gregory P. Cirillo, Esq. Wiley Rein LLP Counsel for Capital Aviation, Inc. gcirillo@,wilevrein.com Virginia Gregasch General Services Administration Virginia.grebasch@gsa.rrov National Business Aviation Association Mike Nichols, VP Operations, Education, Economics National Business Aviation Association mnichols@,nbaa.org Jonathan Dols, Esq. U.S. Department ofTransportation Jonathan.dols@,dot.govGeorge Wellington U.S. Department of Transportation George. wellinaton@,dot.gov