BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

MITCHELL ENTERPRISES LIMITED ) 

D/B/A REGIONAL AIR SERVICES ) DOCKET DOT-OST-2008-0319 

 ) 

for an exemption from 49 U.S.C. § 41301 ) 

(Bahamas-Florida charters and scheduled service) ) 

__________________________________________) 

APPLICATION OF MITCHELL ENTERPRISES LIMITED D/B/A 

REGIONAL AIR SERVICES FOR RENEWAL OF AN EXEMPTION

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

 (202) 747-5212 

 (240) 396-5362 fax 

john@mietuslaw.com 

Counsel for MITCHELL ENTERPRISES 

LIMITED D/B/A REGIONAL AIR SERVICES 

 

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

and serving a copy of the answer on counsel for Regional Air Services and 

upon persons served with this application no later than January 16, 2012. 

December 30, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

MITCHELL ENTERPRISES LIMITED ) 

D/B/A REGIONAL AIR SERVICES ) DOCKET DOT-OST-2008-0319 

 ) December 30, 2011 

for an exemption from 49 U.S.C. § 41301 ) 

(Bahamas-Florida charters and scheduled service) ) 

 __________________________________________) 

APPLICATION OF MITCHELL ENTERPRISES LIMITED D/B/A 

REGIONAL AIR SERVICES FOR RENEWAL OF AN EXEMPTION

 Pursuant to 49 U.S.C. § 40109(c), Mitchell Enterprises Limited d/b/a Regional 

Air Services (“Regional Air”) respectfully requests renewal of all authority encompassed 

within the above-captioned exemption, granted by Notices of Action Taken dated January 

6 and May 9, 2011 (the "Notices"), for a common, additional, one-year period. These 

Notices permit Regional Air: 

 (a) to engage in charter foreign air transportation of persons, property, and mail 

between a point or points in the Bahamas and a point or points in Florida, and other 

charters pursuant to 14 CFR Part 212 of the Department’s regulations, using small 

aircraft; and 

 (b) scheduled foreign air transportation of persons, property, and mail between 

Nassau, Freeport, Marsh Harbour, and Bimini, Bahamas, on the one hand, and Fort 

Lauderdale and West Palm Beach, Florida, on the other hand, and other charters pursuant 

to 14 CFR Part 212 of the Department's regulations, using small aircraft. 

Regional Air intends to invoke the automatic extension provisions of 5 U.S.C. § 558(c) 

and Part 377 of the Department's Special Regulations. In support of this application, 

Regional Air states as follows: 
 

 - 2 - Regional Air 

 Renewal Application 

 1. Regional Air is a Bahamian flag carrier and operates Bahamas-U.S. air service 

under the above-captioned authority. It remains licensed by the Bahamian Department of 

Civil Aviation to perform charter and scheduled air transportation. Further Bahamas-U.S. 

operations remain governed by principles of comity and reciprocity that support the 

Department’s continued grant of authority, see, e.g., Sky Bahamas Airline, Notice of Action 

Taken dated June 28, 2011 in Docket OST-2003-15552, and the Department continues to 

recognize that the 1946 U.S.-U.K. Air Transport Agreement, to which the Government of the 

Bahamas acceded upon its independence, provides for Bahamas-U.S. scheduled service. See, 

e.g., Comair, Inc., Notice of Action Taken dated August 2, 2011 in Docket OST-2006-26123. 

 2. Under 49 U.S.C. § 40109(c), the Department may grant an exemption if it finds 

that such a grant is consistent with the public interest. In issuing both Notices, the 

Department recognized that the licensing of Regional Air by its homeland government to 

operate charter and scheduled air service is sufficient under the U.S.-Bahamas aviation 

relationship to justify exemption authority. The same findings remain warranted today. 

Moreover, the public interest is clearly served by maintaining a variety of competitive air 

service options between Florida and the Bahamas. 

 3. As currently structured, the charter authority and scheduled authority included 

within this docket expire several months apart. Renewing both types of authority with a 

common expiration date will reduce administrative burdens on the Department and Regional 

Air.