BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

SUN AIR EXPRESS, LLC d/b/a SUN AIR 

INTERNATIONAL 

For authority to conduct scheduled passenger 

operations as a commuter air carrier under 49 

U.S.C. 41738 

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) 

) 

) 

) Docket OST-2011-0169 

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) 

) 

) 

__________________________________ ) 

REPLY OF SUN AIR EXPRESS, LLC 

d/b/a SUN AIR INTERNATIONAL TO THE SECOND ANSWER OF VPAA CO. 

Communications with respect to this Reply should be sent to: 

Thomas L. Cooper 

Chief Executive Officer & President 

SUN AIR EXPRESS, LLC d/b/a 

SUN AIR INTERNATIONAL 

3201 Griffin Road 

Fourth Floor 

Fort Lauderdale, FL 33312 

(954) 660-9865 

FAX: (954) 359-9502 

tlcooper@ gosunair.net 

Dated: November 29,2011 

Lonnie Anne Pera 

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P. 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, D.C. 20006 

(202) 973-7913 

FAX: (202) 342-0683 

lapera@zsrlaw .com 

Counsel for Sun Air Express, LLC d/b/a Sun 

Air International 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

SUN AIR EXPRESS, LLC d/b/a SUN AIR 

INTERNATIONAL 

For authority to conduct scheduled passenger 

operations as a commuter air carrier under 49 

U.S.C. 41738 

) 

) 

) 

) 

) Docket OST-2011-0169 

) 

) 

) 

) 

_______________________________ ) 

Dated: November 29,2011 

REPLY OF SUN AIR EXPRESS, LLC 

d/b/a SUN AIR INTERNATIONAL TO THE SECOND ANSWER OF VPAA CO. 

Sun Air Express, LLC d/b/a Sun Air International ("Sun Air" or the "Applicant") hereby 

responds to the Second Answer ofVP AA Co. d/b/a Gulfstream International Airlines 

("Gulfstream") filed on November 22, 2011. Without seeking leave to file this Second Answer, 

Gulfstream is re-arguing the same point it raised in its September 30, 2011 Answer. The only 

difference is that Gulfstream suddenly has decided to offer service between Miami, Florida and 

Bimini, the Bahamas sometime in 2012. 

Sun Air objects to Gulfstream's unsupported plan to offer Miami-Bimini service as a way 

of re-arguing that Sun Air should not be permitted to provide the proposed commuter air carrier 

services. Gulfstream- with 51 daily flights from 7 destinations in Florida to 8 destinations in the 

Bahamas- is obviously threatened by Sun Air's proposed one daily flight on one routing. The 

second Gulfstream filing only wastes the Department's valuable resources and needlessly delays 

action on Sun Air's pending Commuter Air Carrier Application (the "Application"). Sun Air 
REPLY OF 

SUN AIR EXPRESS, LLC d/b/a 

SUN AIR INTERNATIONAL 

Page2 

respectfully requests that the Department reject Gulfstream's Second Answer and grant the 

requested commuter air carrier authority. 

In the Second Answer, Gulfstream states that it will commence operations between 

Miami and Bimini at an unspecified time in 2012. See Second Answer at 1. Gulfstream, 

however, suggests this new service in one filing too late. If Gulfstream had any real plan to 

operate between Miami and Bimini, it would have expressed this intention in its September 30, 

2011 Answer. Gulfstream's late decision to enter the Miami-Bimini market should be viewed 

for what it really is: a crude attempt to forestall competition in the entire Florida-Bahamas 

market. It certainly is telling that Gulfstream (a) apparently has not had direct communications 

with Miami International Airport ("MIA") about its alleged new Miami-Bimini service and (b) 

has not served a copy of the Second Answer upon MIA. If the Department needs any additional 

information, it should ask Gulfstream to demonstrate how it is fit, willing, and able to offer 

Miami-Bimini service given its fear of competition from Sun Air. 

Gulfstream also raises for a second time that the Membership Interest Purchase 

Agreement (the "Membership Agreement") will prevent Sun Air from offering scheduled air 

transportation services that Gulfstream may decide to offer at any time during a five year period. 

By suggesting it will commence Miami-Bimini service, Gulfstream has conceded that Sun Air's 

arguments in the October 7, 2011 Reply are correct: so long as Gulfstream continues to operate 

to Bimini from a U.S. point other than Miami, Gulfstream cannot rely upon the Membership 

Agreement to prohibit Sun Air from offering commuter air carrier services between Miami and 
REPLY OF 

SUN AIR EXPRESS, LLC d/b/a 

SUN AIR INTERNATIONAL 

Page 3 

Bimini. See Second Answer at 2. An unsupported statement that Gulfstream will commence 

Miami-Bimini service sometime in 2012, however, is not a basis for the Department to delay 

consideration of the Application. 1 As Sun Air maintained in the October 7, 2011 Reply, the 

Department should not withhold authority because of a contractual dispute. 2 

Gulfstream, moreover, has threatened legal action, if Sun Air commences commuter air 

carrier services between Miami and Bimini. Gulfstream, "the largest carrier based in Florida," is 

so concerned about Sun Air that it has budgeted $500,000 to protect its Florida-Bahamas market. 

Sun Air is impressed that Gulfstream has such capital on hand to devote to legal wrangling. It 

certainly clarifies one fact: Gulfstream's sudden decision to operate between Miami and Bimini 

is only to justify possible legal action against Sun Air. On the basis of this shameless threat, 

Gulfstream then questions the estimated legal fees in Sun Air's projected pre-operating expenses. 

The Department should not permit its certificate procedures to be so abused; it instead should 

find Sun Air fit, willing, and able, as the record demonstrates. 

Gulfstream also requests that the Department, if it grants the Application, should include 

a reference to the Membership Agreement in the Sun Air certificate. See Second Answer at 3. 

The Department should reject this ham-fisted attempt to prevent competition from Sun Air. 

While Sun Air does not object to the Department's traditional conditions on commuter air carrier 

authority, it is not appropriate to limit commuter services to resolve a contractual dispute. 

2 Sun Air will not waste the Department's time by restating its arguments with respect to 

the Membership Agreement and the supposed dispute with Gulfstream. To the extent it is 

necessary, Sun Air incorporates by reference the entire October 7, 2011 Reply, including the 

citations therein. 
REPLY OF 

SUN AIR EXPRESS, LLC d/b/a 

SUN AIR INTERNATIONAL 

Page4 

WHEREFORE, for the reasons stated above, Sun Air Express, LLC d/b/a Sun Air 

International respectfully requests that the Department deny VP AA Co. d/b/a Gulfstream 

International Airlines' attempt- for a second time- to (a) delay processing the Application, (b) 

seek a denial of the Application, and (c) seek an Order restricting the commuter authority issued 

to Sun Air. Sun Air also requests that the Department authorize it to conduct scheduled 

commuter air transportation services under 49 U.S.C. § 41738 and 14 C.F.R. Part 298 and to 

grant such further, different, and additional relief as may be appropriate. 

Dated: November 29,2011 

Respectfully submitted, 

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P. 

By: 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, D.C. 20006 

(202) 973-7913 

Counsel for Sun Air Express, LLC d/b/a Sun Air 

International 
CERTIFICATE OF SERVICE 

I hereby certify that on this 291

h day of October, 2011, a copy of the foregoing REPLY 

OF SUN AIR EXPRESS, LLC d/b/a SUN AIR INTERNATIONAL TO THE SECOND 

ANSWER OF VP AA CO. was served by email or first class mail, postage prepaid, on the parties 

named below: 

Mr. Edward M. DaSilva 

Flight Standards District Office-17 

Federal Aviation Administration 

2895 S.W. 1451h Avenue 

Suite 120 

Miramar, FL 33027 

Edward.m.dasilva@faa. gov 

Ms. Laura Remo 

Air Carrier Fitness Division, X-56 

Office of Aviation Analysis 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E., 81h Floor 

Room W-86-306 

Washington, D.C. 20590 

Laura.remo@dot. gov 

Mr. Emesto Rodriguez 

Air Service Development Manager 

Marketing Division 

Miami-Dade Aviation Department 

P.O. Box 025504 

Miami, FL 3 3102-5 504 

David M. Hernandez 

VEDDER PRICE P.C. 

1401 I Street, N.W. 

Suite 1100 

Washington, D.C. 20005 

dhemandez@vedderprice.com