BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Communication with respect to this application may be served upon:

Kevin M. McMaster

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

T: (316) 263-5851

F: (316) 263-4677

kmcmaster@mcdonaldtinker.com

Counsel for Southern Air Charter Co., LTD

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

and serving a copy of the answer on counsel of Southern Air Charter Co., 

LTD and upon person served with this application no later than, February

20, 2015.

DATED: September 9, 2014 February 5, 2015
2

BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. §40109(c) Southern Air Charter Co. Ltd, respectfully 

request renewal of the above-captioned exemption from 49 U.S.C. §41301, granted by 

the NOTICE OF ACTION TAKEN dated September 11, 2013, for an additional oneyear period. The NOTICE OF ACTION TAKEN dated September 11, 2013 permits 

Southern Air Charter Co., LTD to engage in charter air transportation of persons, 

property and mail between the Bahamas and United States of America and other charters 

subject to Part 212 of the Department’s rules, using small aircraft. The timely filing of 

this renewal application (September 9, 2014) was not accomplished because of an error. 

Therefore it is requested that an exception be granted and the filing of this renewal 

application allows Southern Air 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 its request for renewal of the exemption application, Southern Air 

Charter Co., Ltd states the following:
3

1. Southern Air Charter Co., Ltd remains a company organized and existing 

under the laws of the Bahamas. Its main office continues to be located at the Nassau 

International Airport, P.O Box N-9812, Nassau, Bahamas. 

2. Southern Air Charter Co., Ltd continues to provide air transportation 

services pursuant to an Air Operator Certificate issued by the Commonwealth of the 

Bahamas. It remains licensed by the Bahamian Department of Civil Aviation and 

governed by the principals of reciprocity as set forth in the next paragraph.

3. The requested authority and exemption is consistent with the U.S. –

Bahamas authority granted with the 1946 Air Transport Agreement between the United 

States and the United Kingdom, to which the Government of the Bahamas acceded upon 

its independence, and with the overall state of aviation relations between the United 

States and the Bahamas.

4. The ownership and operation of Southern Air Charter Co., Ltd has not 

changed since the renewal application filed August 7, 2013.

5. Southern Air Charter Co., Ltd has not been involved in any safety 

violations, tariff violations, or fatal accidents in the past five years.

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

finds that such grant is consistent with the public interest. In issuing the NOTICE OF 

ACTION TAKEN dated September 11, 2013, to Southern Air the Department of 

Transportation recognized that the licensing of Southern Air by its homeland government 

to operate as a charter air carrier is sufficient under the U.S.-Bahamas aviation 

relationship to justify exemption authority. The same findings remain warranted today 
4

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

service options between the United States and the Bahamas.

7. The maintenance program of Southern Air Charter Co., Ltd continues to 

comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1), and 7.

WHEREFORE, Southern Air Charter Co., Ltd., respectfully requests that the 

Department of Transportation renew the above-captioned exemption for one additional 

year. 

Respectfully submitted,

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

(316) 263-5851

(316) 263-4677 fax

kmcmaster@mcdonaldtinker.com

By: ____________________________

 

Counsel for Southern Air Charter Co., LTD

CERTIFICATE OF SERVICE

I hereby certify that on this _5th_ day of February, 2015 a true and accurate copy 

of the above and forgoing was served upon those required by 14 CFR §302.203(b)(2)(ii) 

by depositing same in the United States Mail, postage prepaid to:

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520
5

with copy being served by electronic transmission to:

Mr. Thomas A. Gillies tgillies@southernair.com

Southern Air, Inc

____________________________