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BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C 

Application of 

Sen/icios Aereos Profesionales, S.A. 

For a foreign air carrier permit 

pursuant to Section 402 of the 

Federal Aviation Act of 1958, 

as amended 

DOCKET: OST-97-3077 

APPLICATION FOR RENWAL OF EXEMPTION 

FOR A FOREIGN CARRIER PERMIT (CORRECTION) 

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 

Fax: (787) 276-3846 

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

the Documentary Service Division, Department of Transportation, by February 15, 2010 

and serving a copy of the answer on all persons listed in the service list attached to this 

applicant. 

Date: January 29, 2010 
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BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C. 

Applicatior of DOCKET: OST-97-3077 -

Servicios Aereos Profesionales, S.A. 

For a foreign air carrier permit 

Pursuant to Section 402 of the 

Federal Aviation Act of 1958, 

as amended 

APPUCATION FOR RENEWAL OF EXEMPTION 

FOR A FOREIGN CARRIER PERMIT (CORRECTED) 

Pursuant to 49 U S.C- Section 401 09(c), Servidos Aereos Profesionales, S.A.(SAP) 

hereby applies to the Department of Transportation for renewal of its exemption from 

Section 41 301 of the same tWe, enabling it to conduct charter foreign air transportation 

of persons and property between the Dominican Republic and United States. SAP 

requests the exemption for a period of not less than two years. The existing exemption 

expires on February 26,1020. SAP relies on 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, SAP state as follows: 

1. SAP is a corporation organized and existing ur\der the laws of the Dominican 

Republic. It holds authority from the Dominican Republic Government to operate 

intemational charter air transportation and is specifically designated by the 

Government of the Dominican Republic and United States. 

2. Or April 3,1998. the Department authorized SAP to engage in foreign air 

Transportation of persons and property between the Dominican Republic and 

United States effective April 3,1998. This authority was confimned by order 97-

30"^. 

3. in order 87-3077 the Department explicitly found that; the authority sought by 

SAP is provided for in the July 22,1986 bilateral agreement reciprocity between 

the United States and the Dominicail Republic; SAP is property licensed and 

designated by Ifie Dominican Republic Government to perform the proposed 

services; SAP is financially and operationally qualified to perform the services 

aufliorized; the carrier is substantially ovmed and effectively controlled by 

Dominican Republic Nationals. In order 97-3077 the Department found that the 

authority sought by SAP is consistent with the public interest; immediate action 

was required and was consistent wwth Department policy; grant of the 

amendment was consistent with the public interest These findings continue to be 

valid. 
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4, Amendment of this exemption authority is warranted by the July 22, 1986 

bilateral Agreement reciprocity between the United States and the Dominican 

Republic. 

6. The Dominican Republic was a Category 2 country under the FAA's Intemational 

Aviation Safety Assessment Program (lASA), but at this time it has been updated 

to a Category 1. 

6. Servidos Aereos Profesionales, S.A. may conduct U.S. operations with its 

own aircrafts and crews at this time. 

Furthermore, renewal of the exemption will enable SAP to continue to provide service 

between Dominican Republic and United States and will benefit the ti^aveling public. 

Renewal of SAP exemption accordingly is in the public interest. 

WHEREFORE, Servidos Aereos Profesionales, S. A. respectfully requests that the 

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

to conduct charter foreign air transportation of person and property between Dominican 

Republic and United States. 

Respectfully submitted this January 29,2010 

>. Irizarry 

P.O. Box 3721 7 

San Juan, P.R. 

Tel (787) 752-7621 

Fax: (787) 276-38^ 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Application for Renewal for Exemption has been 

mailed by Regular Mall fo all persons and entities shovim on the attached service list in 

accordance with the Department procedures regulations. 

SERVICE JST 

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 C.'C 20591 

American Mriines 

C/O Government Rep. 

II 01 Seventeenth Street, N.W. Room 600 

Washington DC 20036 

Hon. Jorge Santini 

Mayor, San Juan City 

PO Box 9024 lOO 

San Juan, P.R, 009024100 

Mr. Fernando Bonilla 

Executive Director 

Puerto Rica Ports Authority 

GPO Box 362829 

San Juan. P.R. 00930-2829 

Aviation Director 

Civil Aviation Authority 

Santo Domingo, Dominican Republic 

Executive Airiines d/b/a American Eagle 

Luis Munoz Marin International Airport 

San Juan P.R 00919 
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^TM„ ^ UNITED STATES OF AMERICA 

sTff ^ DEPARTMENT OF TRANSPORTATION m OFFICE OF THE SECRETARY 

^SS^ WASHINGTON, D.C. 

Issued by the Department of Transportation on February 26, 2008 

NOTICE O F ACTION TAKEN - DOCKET DOT-OST-97-3077 

CORRECTED COPY 

This serves as notice to ihc public ofthe action described below, taken by the Department oflScial indicated (no additional 

cotifiTming order will be issued in this maner). 

Applicant: Servicios Aereos Profesionales, S.A. (SAP) Date Filed: January 28, 2008 

Relief requested: Renew exemption from 49 U.S.C. § 41301 lo engage in chaner foreign air transportation of persons and 

property between the Dominican Republic and the United States. The applicant requests that the authority be granted for a 

two-year tenn. 

If renewal, date and citation of last actions; (I) August 20, 2007, in tins docket, where we removed the condition on SAP's 

authority limiting SAP TO operations using wct-lcascd aircraft only, (2) March 5, 2007, in this docket, where we previously 

granted the underlining economic airthority at issue here. 

Applicant representative: Luis A. Irizany (787) 752-7621 

DOT Analyst: Shelita A. Smith (202)366-1226 

Responsive pleadings: None filed 

DISPOSITION 

Action: Approved in part (one-year grant), remainder (request tor longer-term authority) dismissed. (See remarks below), 

Action date; February 26, 2008 

Effective dates of exemption authority granted: February 26, 2008 - February 26, 2010 

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

Republic, dated July 22 1986 

X Standard exempcon conditions (attached) Foreign air carrier permit ( ) 

Special conditions/Pamal giant/Dcnial basis/Remarks: The one-year duration ofthe authority we granted is consistem 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. 

Action taken by: Paul I.. Grctch, Director 

Office of Tntemationai .Aviation 

Under autliority assigned by the Dcpamnent in its r^ulaticxis, 14 CFR Part 385, we found that (1) the ^plicant is qualified 

ro perform the proposal opcraiions; (2) our action was consistent widi Department policy; (3) grant ofthe authority was 

consistent with the public interest; and (4) grant ofthe authority would not constitute a major regulatory action under the 

Energy Policy and Conservation Act of 1975. To the extern not granted/deferred/dismissed, we denied 

all requests in (he referenced Docket. We may amend, modity, or revoke the authority granted in this Notice at any time 

without hearing at our discretion. 

Persons entitled to petition the Department for review ofthe action set forth in this Notice under the Departments 

regulations, 14 CFR § ."85.30, may file their petitions within seven (7) day.<; after the date of issuance of this Notice. This 

action was effective when taken, and * e filing of a petition for review will not alter such effectiveness. 

An t>lec[ronic version qflhis documem is available on the World Wide Weh at: 

httpiZ/ymrw. reguIations.gov 
01-29-2010 12:llp. De-LA IRIZARRY AND ASSO +7872763846 T-880 P.006/006 F-545 

Foreign Carrier Exemption Conditions 

In the condua o) the operations authorized, the foreign carrier appiicant(s) shall: 

(1) Not condua any operations unless ii holds a currently eflSxtive audiorizarion from its homeland for 

such operations, and it has filed a copy of such ciudtorization vnA the Department; 

(2) Comply with all applicable requirements ofthe federal Aviation Administration, die Transportation 

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

including, but n<n limited to. 14 CFR Parts 129, 91, and 36 and 49 CFR Pan 1546 or 1550, as applicable. 

To assure compliance with all applic«d>le U.S. Government requirements concenting security, the holder 

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

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

(OR) (formerly reterred to as International Principal Security Inspector) to advise the UR of its plans and to 

find out whethci die Tiansportation Security Administration has detetmiacd that security is adequate to 

allow such aiT>»rt(s) to be served; 

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

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

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

Branch (Af S-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 requircmems at least 

equivalent to Annex 6 ofthe Chicago Convention; 

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

air services; 

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

requirements oi~ 14 CFR Pan 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 

of 28 U.S.C. 1 'S05(a), but. only Avith 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) Dased on a claim under any international agreement or treaty cognizable in any court or other 

tribunal ofthe United Sutes. In diis condition, the term "international air tiansportacion" means 

"intemational iransportation" as detined by the Warsaw Convention, except that all States shall be 

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

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

United States m its homeland; 

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

nonschediilcd, and chaner data; 

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

comply with llic Department's rules governing charters (including 14 CFR Parts 212 and 380); and 

(11) Comply >vrth such other rea<;oDab]c terms, conditions, and limitations required by the public interest as 

may be presci ibed by the Department, with all applicable orders or regulations of other U.S. agencies and 

courts, and widi all apphcabic laws ofthe United States. 

This authority shall not be eftectivc during any period wtien the holder is not in compliance with the 

conditions imposed above. Moreover, Ihis authority cannot be sold or otherwise ttansfened without 

explicit Department approval under Title 49 ofthe U.S. Code.