## BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C Ap plication of ABACO AIR LTD Docket No. OST

- 1999

-5708 fo r an exemption pursuant to 49 U.S.C. 41301 (U.S./Bahamas Ch arter Air Transportation

APPLICATION OF ABACO AIR LIMITED FOR RENEWAL OF EXEMPTION
Abaco Air Limited hereby applies for renewal of its exemption from 49 U.S.C. Section 41301 which authorizes Abaco Air to engage in charter foreign air transportation of persons, property and mail between the Bahamas and Florida, using small equipment. The Department granted the above authority to Abaco Air Ltd. by Notice of Action Taken dated July 16, 2012. Abaco Air requests that this Authority, which expired on July 16, 2013 be renewed for a period of at least one year. ABACO AIR LIMITED invokes the automatic Extension provisions of the Administrative Pro cedures Act, 5 U.S.C. 558 (c), as implemented by 14 C.F.R. Part 377.10, to maintain its Exemption Authority in effect pending a final Department determination on this renewal application. In support of this application, Abaco Air Ltd. states the following :
1. Abaco Air continues to be fit, willing and able to provide the small aircraft passenger charter service for which it requests renewed authority. Abaco Air Ltd. remains Bahamian owned and Bahamian controlled. The relevant circumstances under which Aba co Air Ltd. received its former grant of exemption authority remain unchanged, with the following exceptions:

-
The President of Abaco Air Ltd. is now Denise D. Kelly The Vice

- President of Abaco air Ltd. is now Jonathan M. Cartwright The Director of Maintenance of Abaco Air Ltd. is now Anthony Fowler The Chief Engineer of Abaco Air Ltd. is now Charles Williamson. The Chief Pilot and Director of Flight Operations of Abaco Air Ltd. is now Capt. Edrick Symonette.

(cont'd)

## Page

- 2

-

2. Abaco Air Ltd.'s Bahamas Authority to conduct passenger and freight charter service remains in full force and effect as evidenced by the enclosed copies of our Permit issued 8th February, 2012 for a period of two years.
3. Abaco Air Ltd.' s Authority to conduct charters into Florida is based on principles of comity and reciprocity between the Bahamas and the United States. Abaco Air Ltd. submits that the continuation of this authorization is warranted given the harmonious state of aviation relations between the United States and the Bahamas.
4. Abaco Air Ltd.'s renewal application is limited in scope and non -controversial. The service Abaco Air Ltd. proposes to operate is substantially identical to that it performed during the past year, i .e. personalized transport services to its passengers, utilizing small aircraft.

5. Abaco Air Ltd.'s U.S. authority remains in place as evidenced by the enclosed copies of the U.S. Department of Transportation FAA Operating Specifications QBCF211F.
6. Abaco Air Ltd.'s required insurance coverage is in place as evidenced by the enclosed OST 6411 Forms. Abaco Air Ltd. hereby respectfully requests renewal of its Authority to engage in Foreign Charter Air Transportation of persons and freight with small aircraft as outlined herein. Respectfully submitted,

_______________ Denise D. Kelly President & Accountable Manager ABACO AIR LIMITED P.O.Box AB20492 Marsh Harbour International Airport Marsh Harbour, Abaco, BAHAMAS. (242

-367

-2266) ddk@flyabacoair.com

# COMMONWEALTH OF THE BAHAMAS MINISTRYOFTOURISMANDAVIATION DEPARTMENT OF CIVILAVIATION
THE CIVILAVIATION ACT, CHAPTER 284 

# CIVILAVIATION (LICENSING OF AIR SERVICES) REGULfl-TIONS 

# CERTIFICATE

LICENCE TO PROVIDE CHARTER SERVICES

1. 

### The Minister responsible for Aviation (hereinafter referred to as "the Minister") in accordance with the provisions of the Civil Aviation Act, Chapter 284, 

### Civil Aviation (Licensing of Air Services Regulations, 1976 as amended) hereby grants to 2. 

# ABACOAIR LTD. (hereinafter referred to as "the Company")a licence to operate charter air services 

### as specified in paragraph 3 

### herein, subject to the terms and conditions set out in 

### Schedule "B", hereto, which Schedule shall be deemed toform part qf 

### this licence.

2. 

### This licence is 

### effective FEBRUARY 8, 201.2 for a period not exceeding 1WO (2) YEARS.



### 3. 

### ABACOAIR LTD. is hereby empowered to operate the following charter air services:- 

## Passenger and Freight CharterAir Services 

## between: 1. 

## Abaco and allpoints in The Bahamas. 2. 

## Allports of entry in The Bahamas to allports of entry in Flo a. 3· Marsh Harbour on the one 

## hand and Grand Turk, North Cai O§, 

## S 

## Caicos andProvidenciales on 

# 'ililtiw#;

J

Issued: January 1.0, 201.2 Reference: MT#<-A/CAD/35/(1.)/77 \. P. 

### 0. 

### BOX 492' ·' 

### Marsh Harbow•, Abaco Minister of Tourism andAviation

# ·t~ AGENCY DISPLAY OF ESTIMATED BURDEN The public reporting burden for this co llection of information is estimated to average 30 minutes per response. If you wish to 

### ,..**~** Iii 0 comment on the accuracy of the estimate or make suggestions for reducing this burden , please direct your comments to : U

. S

.

# ~~: Department of Transportation , Office of Aviation Ana lysi s, X-56, 400 

### 7' hSt., SW, ., Washington, D.C. 20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB .s'r'TES**of~** control number

. Office of the Secretary NOTE : For information on where to file completed copies of this form, see FILING INSTRUCTIONS below. of Transportation OMB No. 2106-0030 Expires 9-30 -2007 

## FOREIGN AIR CARRIERS

- CERTIFICATE OF INSURANCE POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY FILING INSTRUCTIONS : File a signed o rigin al of this form with the Federal Aviation Administrat ion , Air Transp ortation Div. , AFS-260 , 800 Indep endence Ave ., SW., Washington , DC 20591. (See EXCEPTION below.) EXCEPTION : If Section 2

.A. is filled in because the insured is a Canadian Charter Air Taxi Operator , file an original of this form with the U.S

. of Transportation , Special Authorities Division (X-46) , 400 

### 7' h Street , SW , Was hington , D.C

. 20590 Department
(Please type information , except signatures.) THIS CERTIFIES THAT: 

## Allianz I 

## Lloyd's (Name of Insurer) has issued a policy or policies of Aircraft Liability Insurance to 

## Abaca Air Limited, P

. O

. Box AB 492, Marsh Harbour Abaca Bahamas FAA Certificate Number (Name, address and FAA Certificate number of In sured Foreign Air Carrier) effective from 

## 03/14/13 until ten (1 0) days after written notice from the insurer or carrier of the intent to terminate coverage is received by the Department of Transportation

. NOTE Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a date is unacceptable. 1

. The Insurer (Check One) :**~** is licensed to issue aircraft insurance policies in the United States; il is licensed or approved by the government of to issue aircraft insurance policies; or l is an approved surplus line insurer in the State(s) of 2

. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the follo wing during operation , maintenance , or use of aircraft in " fo reign air transportation " as that term is defined in 49 U.S

. C

. 40102. (Comg)ete ag.r;J./icab/e section A, 8, or C below) : A. CANADIAN CHARTER AIR TAXI OPERATORS WITH PART 294 AUTHORITY ONLY The aircraft covered by this policy have : (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds or less ; and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Comg)ete seearate or combined coverage as a@roeriate):

'" Separate Coverages : Minimum Limit PolicY. NO

. T'L.Q.e of LiabilitY. Each Q.erson Each Occurrence Combined Bodily Injury (Exc luding Passeng e rs other than cargo attendants) and Property Damage Liability $75,000 $2 ,000 , 000*(See note) Passenger Bodily Injury $75,000 $75,000 x 75% of total number of passenger seats installed in aircraft 0 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers) , property damage, and passenger bodily injury

. Policy No

. Amount of Coverage U

. S

. Dollars
J This policy covers CARGO operations only and excludes passenger liability insurance

. NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 pounds , the minimum limit per occurrence shall be $20 , 000 ,000

.OST Form 6411 B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT The aircraft covered by this policy are SMALL AIRCRAFT (i.e., w ith 

### 60 or fewer passenger seats or with a maximum payload capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate) : 

## 0 Separate Coverages: Minimum Limit Policy No

. Type of Liability Each person E ach Occurrence 

## ADOOO 140 H499 Combined Bodily Injury ( Excluding Passengers other than cargo attendants) and Property Damage Liability $300,000 $300 , 000 $2 , 000 , 000 $300 , 000 

### x 75 % of total number of passenger seats installed in aircraft 

## AD000140H499 Passenger Bodily Injury



## 0 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers) , property damaged , and passenger bodily injury. Policy No.

______________ _ Amount of Coverage

_________U .S. Dollars 

## 0 This policy covers CARGO operations only and excludes passenger liability insurance

. C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT The aircraft covered by this policy are LARGE AIRCRAFT (i.e ., with more than 

### 60 passenger seats or w ith a maximum payload capacity of more th an 18 , 000 pounds)

. (Complete separate or combined coverage as appropriate): 

## 0 Separate Coverages: Minimum Limit Policy No

. Type of Liability E ach person E ach Occurrence Combined Bodily Injury ( Exc luding Passengers other than cargo attendants) and Property Damage Liability $300 , 000 $300 , 000 $20 , 000 , 000 $300,000 x 75 % of total number of passenger seats installed in aircraft Passenger Bodily Injury



## 0 Combined Coverage : This combined coverage is a single lim it of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excl uding passengers) , property damaged, and passenger bodily injury. Policy No

. ______________ _ Amount of Coverage

_________U .S. Dollars 

## 0 This policy covers CARGO operations only and e xcludes passenger liability insurance.
3

. The policy or policies listed in this certificate insure(s ) (Check One):
0 Operations cond u cted wi th all aircraft operated by the insured Ci( Operations conducted with the following types of aircraft: ;1 Operations with th e following aircraft : (Use add iti ona l page if n ecessary) Make and Model 

## AeroCommander 500 BN2A-21 Islander FAA or Foreign Flag Regi strati on No

. 

## C6-BHY C6-BAA

4

. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205. 

## Allianz (Name of Insurer) 

## c/o Cooper Gay (Address) 

## London , United Kingdon (City , State, Zip Code) 

## Matthew Gould Contact (person who can verify the effectiveness of the coverage)



## _ +___..:.4--=:-4,.._(0=-.J.)-72=-=0'-'7-::=8:....:.1-=.6--:=5c..::c6--=:-13=,-_• / +44 (0) 

## 20 7204 4893 (Area Code, Phone Number) (Area Code, Fax Number)
(Signature , if applicable) (Date) 

## Tavares & 

## Higgs Insurance Agents & 

## Brokers Ltd. ( Name of Broker , if applicable ) 

## P

. O. Box SP-64003 (Address) 

## Nassau, Bahamas (City , State, Zip Code) 

## Mark Reynolds (Officer or authorized representative)U.S. Department of Transportation Federal Aviation Administration 

### Foreign Operations Specifications

FAA Principal Inspector(s) Name/Title Phone Number Fax Number Frank , Albert Principal Operations Inspector 

### 954-641-6753 954-641-6720 Leon , Luis A Principal Avionics Inspector 

### 954-641-6744 954-641-6720



### 1. 

### Issued by the Federal Aviation Administration

. E-mail Address alb ert.frank@faa.gov luis.a.leon @ faa.gov



### 2. These Foreign Operations Specifications are approved by direction of the Administrator. Digitally signed by Albert Frank, Principal Operations Inspector (S023) [1] EFFECTIVE DATE: 6117/2013, [2] AMENDMENT#: 10 DATE : 2013.06.17 13:10:24-05:00



### 3. I hereby accept and receive the Foreign Operations Specifications in this paragraph.

ABACO AIR LIMITED Date

AOOl-3 Arndt. 

### No : 10 

### Identification No.: QBCF211FU.S. Department of Transportation Federal Aviation Administration 

### Foreign Operations Specifications

1. 

### Issued by the Federal Aviation Administration. 2. These Foreign Operations Specifications are approved by direction of the Administrator. Digitally signed by Albert Frank, Principal Operations Inspector (S023) [1] EFFECTIVE DATE : 6/17/2013, [2] AMENDMENT#: 3 DATE: 2013.06.17 13:40:26-05:00



### 3. I hereby accept and receive the Foreign Operations Specifications in this paragraph.

· ent/Accountable Manager Date

ABACO AIR LIMITED A002-9 

## Arndt. No: 3 Identification No.: QBCF211FU.S. Department of Transportation Federal Aviation Administration 

### Foreign Operations Specifications

1. Issued by the Federal Aviation Administration. 2. These Foreign Operations Specifications are approved by direction of the Administrator. Digitally signed by Albert Frank, Principal Operations Inspector (S023) 

### [I] EFFECTIVE DATE: 6/17/2013, [2] AMENDMENT#: 9 DATE: 2013.06.17 14:16:18-05:00

3. I hereby accept and receive the Foreign Operations Specifications in this paragraph.

# ~~ I"JT JL!v1, bOO Kelly, Denise D., P sident/Accountable Manager Date



## ABACO AIR LIMITED A004-4 Arndt. No: 9 

## Identification No.: QBCF211F

### U. S

. Department of Transportation Federal Aviation Admin istration


### E-mail: Foreign Operations Specifications
hadderley.fsi@gmail.gov



### 1. The Foreign Air Carrier applies for the authorizations in this paragraph. 2. These Foreign Operations Specifications are approved by direction of the Administrator. Digitally signed by Albert Frank, Principal Operations Inspector (S023) [1] SUPPORT INFO: ABACO AIR LTD. LETTER DATED, 22 MARCH 2013 [2] EFFECTIVE DATE: 6/17/2013, [3] AMENDMENT#: 4 DATE: 2013.06.17 15:06:21 -05:00

3. I hereby accept and receive the Foreign Operations Specifications in this paragraph. 

# I4J1 J"LI/.1( ( 

# 2-0 I 

# 3 Kelly, Denise D., res1dent/Accountable Manager Date

ABACO AIR LIMITED A006-2 Arndt. No: 4 Identification No

. : QBCF211FU.S. Department of Transportation Federal Aviation Administration 

### (ii) At night--1 mile. Foreign Operations Specifications

(c) No foreign air carrier may operate a helicopter under VFR unless that person has visual surface reference or, at night, visual surface light reference, sufficient to safely control the helicopter.
d. At a minimum, the fuel requirements specified in ICAO Annex 6, (Part I , 4.3.6 for airplanes, and Part 

## III, 2.3.6 for helicopters), shall be met.

1. 

### Issued by the Federal Aviation Administration. 

## 2. These Foreign Operations Specifications are approved by direction of the Administrator. Digitally signed by Albert Frank, Principal Operations Inspector 

### (S023) [ 1] 

### EFFECTIVE DATE : 6 / 17/2013, [2] 

### AMENDMENT # : I 

### DATE: 2013.06.17 15:41:43-05 :00



## 3. I hereby accept and receive the Foreign Operations Specifications in this paragraph

.

ABACO AIR LIMITED 

# l S :r Jll'- 'f t 

# 2D 13 tl

### Accountable Manager D ate



## B056-2 Arndt. No : 1 Identification No.: QBCF211FU

. S. Department of Transportation Federal Aviation Administration 

### Foreign Operations Specifications

1. Issued by the Federal Aviation Administration. 2. These Foreign Operations Specifications are approved by direction of the Administrator

. Digitally signed by Albert Frank, Princ i pal Operations Inspector (S023) [1] EFFECTIVE DATE: 6/17/2013, [2] AMENDMENT# : I DATE: 2013.06.17 15:51:35-05:00

3. I hereby accept and receive the Foreign Operations Specifications in this paragraph. 

# I .,,.**-rIAL~** 

# 2o 1 3 Kelly, Denise D., Presid nt/Accountable Manager D ate

ABACO AIR LIMITED C067-4 Arndt. No: 1 Identification No.: QBCF211F