October 4,2013

Attorney for Fly Jamaica Airways Limited

Pierre Murphy

Law Offices of Pierre Murphy

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

Telephone: (202) 776-3980

Facsimile: (202) 776-3975

Email: pmurphy@lopmurphy.com

Capt. Paul Ronald Reece

Chairman & Managing Director

Fly Jamaica Airways Limited

2 Holborn Road

Kingston 10

Jamaica, W.I.

Communication with respect to this document should be sent to:

PETITION FOR REVIEW

To Engage in Scheduled Combination

Service between the U.S. and Guyana

Pursuant to 49 U.S.C. §40109

Fly Jamaica Airways Limited Docket OST-DOT-2013-0136

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Application of

BEFORE THE

u.s. DEPARTMENT OF TRANSPORT ATION

OFFICE OF THE SECRET ARTY

WASHINGTON, DC
Common named are used herein.

Services Agreement which entered into force on March 25,2013, after considerable effort by the

The U.S.-Guyana market is governed by a very recently-concluded "Open Skies" Air

the currently unserved New York, New York (JFK) - Georgetown, Guyana (GEO) market.

applied for exemption authority to conduct seventh-freedom combination turnaround service in

By its application filed on July 16,2013, Fly Jamaica, a flag carrier of Jamaica, had

Background

issued herein, Fly JamaicaIrespectfully submits this Petition for Review.

Pursuant to the provisions of 14 C.F.R. §385.30, et seq, and the terms of Order 2013-9-22

PETITION FOR REVIEW

To Engage in Scheduled Combination

Service between the U.S. and Guyana

Pursuant to 49 U.S.C. §40109

Fly Jamaica Airways Limited Docket OST-DOT-2013-0136

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Application of

BEFORE THE

u.s. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRET ARTY

WASHINGTON, DC
The only prior Agreement was the 1946 U.K. Bermuda I Agreement.

2

In response to Fly Jamaica's application, no objection was filed by any U.S. air carrier

since they could not: Delta and any number of U.S. carriers have for decades freely entered and

exited the market at will. Instead, objections were interposed by the U.S. pilots' union ALPA

and by the U.S. airline trade association A4A. These objections, although supposedly somehow

attributable to actions of Fly Jamaica, were based on alleged discriminatory practices engaged in

by the Government of Trinidad & Tobago and the airline it owns, CAL, and certain alleged fuel

In view of its now total isolation as regards non-stop air service with the U.S., Guyana's

principal trading partner, coupled with the inability of any carrier of Guyana to operate its own

aircraft due to FAA's long-standing IASA actions, the Government of Guyana licensed and

designated Fly Jamaica as a carrier of Guyana to provide this vital airline service on a 7th

Freedom basis.

u.s. authorities to enter into such agreement with Guyana.i Crucially, despite pressing Guyana

to enter into this Open Skies Agreement, the U.S. was quite aware that in fact no carrier of

Guyana, even if designated and licensed, would be able to operate in the market due to the

separate FAA long-standing action designating Guyana as a "Category 2" country. Then, very

shortly after the Open Skies Agreement was concluded, the only carrier then operating in the

market, Delta Airlines, exited the market for its own commercial reasons as it was fully entitled

to do, thus leaving no non-stop U.S. or Guyanese carrier service in this market, a market vital to

the commercial interests of Guyana.

PETITION FOR REVIEW
3

That a clear and demonstrable need exists for non-stop air service between the 2 countries

is surely primarily demonstrated by the fact that the U.S. government vigorously pursued an

Open Skies Agreement with Guyana in the first place. Pursuing such an Agreement with a

country where there were no demonstrable need for non-stop air service would surely have been

a total waste of the time and valuable resources of the 2 countries involved. Indeed, had the

Government of Guyana known that the first action of the United States, coming a scant few

months after entry into force of the Open Skies bilateral, would be the flat denial by the U.S. of

its duly licensed and designated carrier following the abandonment of the market by the only

1. A Demonstrable Need for Service Exists

Argument

Notwithstanding, pursuant to the Order herein dismissing Fly Jamaica's application, the

Department did not even address the fact that these ALPA and A4A objections were

unconnected with Fly Jamaica and instead simply stated that the Department was unable to

conclude that there was a demonstrable need for non-stop service between the 2 countries.

subsidies enjoyed by CAL in Trinidad but not by U.S. carriers servicing that country resulting in

discrimination. As demonstrated by its response, none of these arguments pertained in any way

to any Fly Jamaica actions nor could they in any way be laid at the door of Fly Jamaica, a small,

private, Jamaican carrier.

PETITION FOR REVIEW
4

4 See: DOT NOAT issued July 23,1999 [Docket DOT-OST-1999-5997] and DOT Certificate issued by

DOT Order 2000-8-9 [Docket DOT-OST-1999-5998].

See: DOT NOAT issued February 7, 2008 [Docket DOT-OST-2008-0045].

market.

screening, etc., is a huge and unnecessary burden on the vital GEO-JFK travelling and shipping

customs, security and immigration formalities, deplaning of passengers, baggage and cargo

stop service between Georgetown and JFK over Kingston, Jamaica, with the attendant full

country operated by Fly Jamaica are equivalent to the non-stop service sought. However, oneDepartment seems to suggest that the existing indirect, one-stop GEO-JFK services over a third

As a viable alternative to non-stop service in a supposedly Open Skies market, the

2. The Indirect. One-Stop Services that Exist Are Not Equivalent Services

Airlines operated non-stop scheduled service in the market for several years."

Delta Airlines operated in the market for a number of years" and before that, North American

in this market, both combination and all-cargo. Most recently, during the past decade or so,

that over the past decades, any number of U.S. carriers have exercised non-stop scheduled rights

A clear and demonstrated need for non-stop air service is further demonstrated by the fact

its resources on such negotiations.

U.S. carrier servicing the 2 countries, perhaps the Government of Guyana would have not wasted

PETITION FOR REVIEW
5

October 4,2013 Attorney for Fly Jamaica Airways Limited

Respectfull~ubmitted,

, .. ~

/-_ , ,/ • ----------

Pierre ~hy -- - -

Law 9ftic~sofPierre Murphy

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

Telephone: (202) 776-3980

Facsimile: (202) 776-3975

Email: pmurphy@lopmurphy.com

application, and Fly Jamaica requests a review and reversal of Order 2013-9-22.

niche market should be permitted to be serviced on the basis sought by Fly Jamaica's

and is inconsistent with the particular situation of Guyana under an Open Skies regime. This

may operate, this should not be accepted as being contrary to sound public and bilateral policy

ALPA and A4A that either a U.S. carrier should operate/not operate and that no other carrier

having to stop in Kingston, Jamaica on the northbound journey; and (4) the effective position of

this service; (2) the lack of any U.S. carrier service; (3) the unnecessary burden on passengers of

Open Skies Agreement. Due to: (1) the FAA-imposed inability of a carrier of Guyana to provide

The Guyana-U.S. market deserves non-stop service as contemplated by the governing

Conclusion

PETITION FOR REVIEW
Jonathan Hill

Robert Land

JETBLUE

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

jhill@dowlohnes.com

robert.land@jetblue.com

Dan Weiss

Stephen Morrissey

CONTINENTAL / UNITED

Dept. HQSGV

P.O. Box 4607

Houston, TX 77210-4607

dan.weiss@united.com

steve.morrissey@united.com

Robert Cohn

Patrick Rizzi

FRONTIERIREPUBLIC

Hogan Lovells

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

robert.cohn@hoganlovells.com

patrick.rizz@hoganlovells.com

John Richardson

Joan Canny

AMERIJET INTERNATIONAL

John L. Richardson, PLLC

555 13th Street, N.W.

# 420W

Washington, D.C. 20004

jrichardson@johnlrichardson.com

jcanny@amerijet.com

Marshall S. Sinick

FLORIDA WEST

Squire, Sanders & Dempsey

1201 Pennsylvania Ave., N.W.

Washington, D.C. 20004

msinick@ssd.com

Robert Wirick

Francis Heil

AMERICAN AIRLINES

1101 17th Street, N.W.

#600

Washington, D.C. 20036

robert.wirick@aa.com

francis.heil@aa.com

Edward Sauer

EVERGREEN INTERNATIONAL

Squire, Sanders & Dempsey

1201 Pennsylvania Ave., N.W.

Washington, D.C. 20004

esauer@ssd.com

Jim Casey

Keith Glatz

Airlines for America

1301 Pennsylvania Avenue, NW

Washington, DC 20036

jcasey@airlines.org

kglatz@airlines.org

Alexander Vander Bellen

Sametta Barnett

DELTA AIR LINES

1275 K Street, N.W.

Washington, D.C. 20005

sascha.vanderbellen@delta.com

sametta.c.barnett@delta.com

David Semanchik

Air Line Pilots Association

535 Herndon Parkway

Herndon, VA 20170

david.semanchik@alpa.org

I hereby certify that on October 4,2013, a copy of the foregoing Petition of Fly Jamaica

was served via email to the following persons:

Certificate of Service
~~~

Kristin K. Leake

Anita Mosner

Jennifer Nowak

UPS

Holland & Knight

2099 Pennsylvania Avenue, N.W.

Suite 100

Washington, D.C. 20006

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Joanne Young

SPIRIT

1001 Pennsylvania Avenue, N.W.

Suite 600 South

Washington, D.C. 20004

jyoung@yklaw.com

Malcolm Benge

WORLDINORTH AMERICAN

Zuckert, Scoutt & Rasenberger

888 17th Street, NW

Suite 700

Washington, DC 20006

mlbenge@zsrlaw.com

jhfoglia@zsrlaw.com

Bob Kneisley

SOUTHWEST/AIRTRAN

1901 L Street, N.W.

Suite 640

Washington, D.C. 20036

bob.kneisley@wnco.com

Howard Kass

US AIRWAYS

2345 Crystal Drive

Alexandria, VA 22227

howard _kass@usairways.com

Thomas Ting

MN AIRLINES (SUNCOUNTRY)

1300 Mendota Heights Road

Mendota Heights, MN 55120

thomas.ting@suncountry.com