BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of
LIAT (1974) Limited Docket DOT-OST-1998-3771
for an exemption from 49 U.S.C. § 41301

APPLICATION OF 

### LIAT (1974) Limited FOR RENEWAL OF EXEMPTION

Communications concerning this document may be served upon: Lee A. Bauer ROLLER & BAUER, PLLC Washington Dulles International Airport 45005 Aviation Drive, Suite 200 Dulles, VA 20166 Tel: 202-331-3300 Fax: 202-331-3322 E-mail: airlaw@rollerbauer.com Attorneys for LIAT (1974) Limited

May 18, 2015BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

LIAT (1974) Limited Docket DOT-OST-1998-3771
for an exemption from 49 U.S.C. § 41301

APPLICATION OF 

### LIAT (1974) Limited
FOR RENEWAL OF EXEMPTION

May 18, 2015
Pursuant to 49 U.S.C. §40109 and Subpart C of the Department's Rules of Practice, LIAT (1974) Limited (LIAT) hereby applies for renewal of its exemption from 49 U.S.C. §41301, which authorizes LIAT to engage in (1) scheduled foreign air transportation of persons, property and mail (a) between the coterminal points Antigua and Barbuda, Montserrat, and St. Kitts and Nevis; via the intermediate points Anguilla, the British Virgin Islands, and St. Maarten; and the coterminal points St. Croix, St. Thomas, and San Juan, Puerto Rico; and beyond to Santo Domingo, the Dominican Republic; (b) between the coterminal points Antigua and Barbuda, and St. Kitts andLIAT (1974) Limited Page 2

RENEWAL OF EXEMPTION Nevis, via the intermediate points St. Maarten and St. Lucia; and the terminal point Miami, Florida; (c) between San Juan, Puerto Rico and St. Vincent, and beyond to Port-of-Spain, Trinidad; (d) between San Juan, Puerto Rico and Dominica; (e) between San Juan, Puerto Rico and St. Vincent, and beyond to Bridgetown, Barbados; and (2) charter foreign air transportation of persons, property and mail pursuant to 14 C.F.R. Part 212 of the Department's regulations.

The Department granted LIAT's current authority pursuant to a Notice of Action Taken dated July 25, 2014. LIAT requests that the Department renew this authority, which is scheduled to expire July 25, 2015, for a period of at least two years.

LIAT 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, to maintain its current exemption authority in effect pending a final Department determination on this renewal application.

In support of this application, LIAT states as follows:

1. LIAT continues to be financially fit, and is willing and able to provide scheduled and charter foreign air transportation of persons, propertyLIAT (1974) Limited Page 3

RENEWAL OF EXEMPTION and mail. LIAT reports that there have been no changes in corporate address, or aircraft liability insurance coverage during the last year. There have been, however, some minor changes in LIAT's ownership, a complete and updated listing of which is provided in Exhibit A. There have also been some changes to LIAT's fleet of aircraft and an addition to its key personnel. See Exhibits B and C for details of these changes. As modified by the changes in his application, LIAT hereby validates and resubmits by reference information it has previously submitted in DOT Docket OST-1998-3771.

2. LIAT's homeland authority to engage in scheduled and charter foreign airtransportation of persons, property, and mail remains in full force and effect, as does its U.S. authority pursuant to the company's Part 129 Operations Specifications from the Federal Aviation Administration (FAA). See Exhibit D for a copy of LIAT's current Air Operator's Certificate (AOC) from the Eastern Caribbean Civil Aviation Authority.

3. Approval of this application is in the public interest. The United States continues to maintain positive aviation relations with the Organization of Eastern Caribbean States and with the governments of the eleven Caribbean states that hold ownership interests in LIAT.LIAT (1974) Limited Page 4

RENEWAL OF EXEMPTION The services provided by LIAT satisfy a continuing commercial need. Renewal of LIAT's authority will allow LIAT to operate from Miami, San Juan, and the U.S. Virgin Islands to many Caribbean countries that would otherwise receive more limited commercial air transportation service. LIAT's services support tourism and other business activities and economic opportunities between the U.S. and the Caribbean region.

4. LIAT's renewal application is limited in scope and noncontroversial. The proposed air transportation services are the same as those it performed between the Caribbean region and the United States during the past year.

WHEREFORE, LIAT (1974) Limited respectfully requests renewal of its authority to engage in scheduled and charter foreign air transportation of persons, property, and mail, and such other relief as may be in the public interest. Respectfully submitted,

Lee A. Bauer ROLLER & BAUER, PLLC Attorneys for LIAT (1974) Limited
May 18, 201575,755 2.06% 38,995 1.06% 30,329 0.82% 6,319 0.17% 6,319 0.17% 5,440 0.15% 4,000 0.11 

### % 2,721 0.07% 2,527 0.07% 2,422 0.07% 1,264 0.03% 1,264 0.03% 1 1 134 0.03% 1,000 0.03% 179,489 4.87% LIAT (1974) Limited CHANGES IN OWNERSHIP EXHIBIT A
OWNERSHIP OF LIAT Note: No change to shareholders. The number of shares held by Barbados, Antigua & Barbuda, St. Vincent & the Grenadines, and Dominica increased slightly resulting in a minor change in the percentage of ownership for all shareholders. Number of Percentage of Shares Ownership Barbados Antigua & Barbuda St. Vincent & The Grenadines Dominica Trinidad & Tobago Grenada St. Lucia Montserrat Guyana Jamaica St. Kitts & Nevis

Subtotal - Government Ownership

BWIA International HKH (Antigua) Limited LIAT Staff Provident Fund National Bank of Dominica State Insurance Corporation ACB Investment Company Ltd Leeward Islands Engineering Association Antigua Commercial Bank The Republic Bank (Grenada) Limited Caribbean Aircraft Handling Antigua & Barbuda Workers Union Joan B. Slack Antigua Barbuda Investment Bank St. John's Cooperative Credit Union Ltd

Subtotal - Private Ownership 1,805,344 49.07% 1,181,379 32.11% 410,823 11.17% 75,030 2.04% 7,500 0.20% 4,545 0.12% 4,545 0.12% 3,030 0.08% 2,500 0.07% 2,500 0.07% 2,500 0.07% 3,499,696 95.12%

Total Issued Shares 3,679,185 99.99%LIAT (1974) Limited CHANGES I N AI RCRAFT

EXHIBIT B



### LIAT'S CURRENT FLEET OF AIRCRAFT

LIAT currently operates a fleet of six (6) De Havilland DHC-8 aircraft. Two (2) DHC-8 aircraft have been removed from the fleet since the last renewal application in 2014:
V2-LDQ V2-LGN V2-LGB

V2-LFV V2-LGI V2-LFF

LIAT has acquired two (2) new (shown in bold ) ATR-42 aircraft, configured for 48 passenger seats and a gross cargo capacity of 339 cubic feet (9.6 m 3 ). The current fleet of ATR-42 aircraft is as follows:

V2-LID V2-LIF V2-LIG V2-LIK V2-LIM

LIAT currently also operates four (4) ATR-72 aircraft, configured for 68 passenger seats and a gross cargo capacity of 374.3 cubic feet (10.6 m 3 ):
V2-LIA V2-LIB V2-LIC V2-LIHLIAT (1974) Limited CHANGE IN KEY PERSONNEL

EXHIBIT C



### LIAT'S KEY PERSONNEL

CHIEF COMMERCIAL OFFICER. Mr. Lloyd Carswell now serves as Chief Commercial Officer at LIAT. Mr. Carswell received his Masters in Business Administration - Management from the University of Wales in 2011. He has held a number of commercial managerial positions with large airline companies, such as Air France, Air New Zealand, Kuwait Airways and Wataniya Airways (State of Kuwait), and Safi Airways (Dubai), before coming to LIAT as a Project Director in May 2014. Since August of 2014 he has served as Chief Commercial Officer, managing a team of consultants for the purpose of identifying and implementing several commercial and operational projects for LIAT. Mr. Carswell is a citizen of Great Britain. His residential address in Antigua is available upon request.LIAT (1974) Limited AIR OPERATOR'S CERTIFICATE

EXHIBIT D



## LIAT (1974) LIMITED

AIR OPERATOR'S CERTIFICATECertificate Number 2A1 121003 A

go

EASTERN CARIBBEAN CIVIL AVIATION AUTHORITY

MR PERATOR'S CEIZTIFICATE

I Pursuant to the Civil Aviatioii Regtilatioiis for the tinie being in ell'ect, the Director Geiieral for tile Eastern Caribbeaii Civil Aviatioii Atitliorit y fiercbN g1rants' SLib ect to the conditions aniiexed liereto, an air operatoC s certificate to: LIAT (1974) LIMITED P 0 Box 8 1 1) V.C. Bird Internatiomil Airport St Joliiis, Antiomi L, being satisfied tllat the said certiticate holder is coiiipctclit tc) sccure the safe operation of the following type of aircraft: MIC-8-100, DHC-8-300, AT1172and ATR42 on flights for the ptirpose of public transport.

. . . ............ . . . This certiiricate sliall reiiiaiii in force tiiitif the 30 1h Novc"ibet- 2015 unless revoked, suspended, surrendered or varied.

❑ FSO/STDFM 028 rev3 1 of 3 25/06/14 

# El

1*0Certificate Number 2A/1 2/003 A

AIR OPERATOR'S CERTIFICATE LIAT (1974) LIMITED
GENERAL CONDITIONS APPLYING TO THE OPERATION OF ANY AIRCRAFT This certificate is granted subject to the following general conditions:
Al Any person authorised by the Director General in that regard shall have access to any premises in the occupation or control of the holder of this certificate for the purpose of examining the premises and any documetit, equipment, tools, material or other things of whatsoever nature, relating to the operation of airci•aft thereunder kept or used or intended to be used in connection with the operation of the aircraft.
A2 Any person authorised by the Director General in that regard shall be permitted at any time to board and fly in any aircraft operated uiider this certificate, and to enter and remain on the flight deck; provided that the commaiider of the aircraft may refuse access to the flight deck if, in his opinion, the safety of the aircraft WOUld tliereby be endangered.
A3 An y person appointed by the Director General in that regard shall be pertnitted to board and fly in any aircraft in which aiiy person is given 

### a periodical test by or on behalf of the holder of this certil

-

icate. This appointed person sliall be permitted to witness the test and may for that purpose eiiter and remain on the fliglit deck; provided that the commander of the aircraft ma y refuse access to the flight deck if, in Iiis opinion, the safety of the aircraft would thereb y be endangered.
A4 The holder of tiiis certificate shall fumish to the Director General a copy of every operations manual and of all other written instructions to Ilis operating staff, for the time being in effect conceming tlle operation of the aircraft under this certificate. A5 Every flight utider this certificate sliall be conducted in accordance with the provisions of the aforementioned operations manual aiid instructions.
A6 The Operator sliall, within a reasonable time after beiilg requested to do so by a person who is authorized for the purposes of the Civil Aviation Regulations for the time being in fbrce, cause to be prodLiced to that person any docuiiieiit required to be stored in accordance with the Civil Aviation RegLilations as applicable aiid , sliall permit an authorized person to inspect and copy any sucli document. A7 The holder of this certificate shall comply witli those provisions contained in the Civil Aviation Regulations for tlle time beirig in force, SUbjeCt to any Special Authorisations or Limitations as set out in the Operations Specifications,

FSD/STDFM 028 rev3 2 of 3 25106/14

- - - - - - - - - - - - - - - - - - - - - - - - - - - -Certificate Number 2A/ 12/003 A

LIAT (1974) LIMITED

SPECIAL CONDITIONS This certificate is granted subject to the following special conditions:
BI The holder of this certificate sliall g ive to the Dii-ector General not less than 14 clear da y s

ii notice in writina of the intended abolitioii of aiiv of the following posts, or any intended change in the person holding the post, or in his dLities:
AccountableManager Director of Operations Director of Maiiiteiiance Chief ✓ ilot Qualit y Manager
B2 The holder of fliis Certificate shall give to the Director General not less than 28 clear days notice in writing of an y change in the emplo y jiient or cessati©n of the employment of a Contractor t® maintain any of the aircraft or aiiy part of its equipment, including radio station, or aji y iiitended chan g e in the duties of tiie Contractor in that regard.
B3 The holder of this Certificate stiall give to the Director General immediate notice, in writin g , if the Company g oes into liquidation, or placed into receivership or administration, and the name and address of the liquidator, receiver or adiiiinistration as the case may be.

FSD/STDFM 028 rev3 3 of 3 25/06114

/ r ' FM 1- 17CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing application of LIAT (1974) Limited was served upon all parties named on the following Service List via e-mail this 18th day of May 2015. No indication was received that any electronic transmission had failed.

Carmen Navarro May 18, 2015

SERVICE LIST
Gerald F. Murphy for Hyannis Air Service Pedro Fabregas gmurphy(d)-crowell.com Executive Airlines pedro.fabregas(a

~ aa.com Andrew Bonney Hyannis Air Service Patrick R. Rizzi andrew.bonney(a)-capeair.com for Delta Air Lines prrizzi _hhlaw.com Lisa. C. Kiele Hyannis Air Service Alexander Van der Bellen lisa.kiele(d)-capeair.com Delta Air Airlines sascha.vanderbellen(c_Y

~ _delta.com Robert A. Wirick Francis Heil Dan Weiss American Airlines Stephen Morrisey robert.wirick@aa.com United Airlines francis.heil(d).aa.com dan.weiss@united.com steve. morrissey_(c

~ united.com Kate Soled American Eagle Howard Kass kate.soled(c

~ aa.com US Airways howa rd_kass(a

~ usa i rways. co m Luis A. Irizarry for Air Sunshine James J. Ballough irizarry(a

~ icepr.com Federal Aviation Administration iim.ballough(aDfaa.gov

~ 

### Moe Adili Air Sunshine Krishna Urs moeC@



### _ airsunshine.com U.S. Department of State urskr( 

### @ -state.gov