BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) ISLAND WINGS LIMITED ) DOCKET DOT-OST-2012- ) for an exemption from 49 U.S.C. § 41301 ) (Bahamas-U.S. charters) ) _________ ________________________________)

APPLICATION OF ISLAND WINGS LIMITED FOR 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 ISLAND WINGS LTD.

NOTICE: Any person may support or oppose this application by filing an answer no later than September 12, 2012 and serving a copy of the answer on counsel for Island Wings and upon persons served with this application.

August 28, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) ISLAND WINGS LIMITED ) DOCKET DOT-OST-2012- ) August 28, 2012 for an exemption from 49 U.S.C. § 41301 ) (Bahamas-U.S. charters) ) _________ ________________________________)

APPLICATION OF ISLAND WINGS LIMITED FOR AN EXEMPTION

Pursuant to 49 U.S.C. § 40109(c), Isla nd Wings Limited, a flag carrier

of the Commonwealth of the Bahamas, respectfully requests an exemption

from the provisions of 49 U.S.C. § 41301 to the extent necessary to permit it

to engage in charter foreign air transp ortation of persons, property, and mail

between a point or points in the Bahama s and a point or points in Florida,

and other charters subject to Part 212 of the Department's Economic

Regulations, using small aircraft as defined in 14 C.F.R. § 298.2. So that

Island Wings may begin the proposed servic es as soon as possible, it requests

that the Department grant the requeste d authority expeditiously and for an

initial period of one year.

In support of this application, Island Wings provides the information

required by 14 C.F.R. § 211.20 in the Ex hibits attached to this application

and states as follows:Island Wings Exemption Application Page 2

1. Island Wings is a Bahamian fl ag carrier headquartered on Long

Island, Bahamas. It was formed in 1993 and is owned by its sole employee,

Bahamian citizen D. Marty Fox.

2. Island Wings is fit, willing, and able to provide scheduled charter

foreign air transportation to and fr om the United States. Captain Fox

possesses substantial business and av iation experience, and Island Wings

has the financial resources necessary to serve the United States safely and

without undue risk to passengers.

3. Charter operations between the Bahamas and the United States are

governed by principles of comity and reciprocity, as the “Bermuda II”

agreement that continues to apply to Bahamas-U.S. operations only

addresses certain, scheduled servic es. The Department has routinely

authorized charter services by Bahamian carriers as a matter of reciprocity.

See, e.g., Inter Island Charters Limited, Notice of Action Taken dated May 22,

2012 in Docket DOT-OST-2009-0039; Performance Air Ltd. , Notice of Action

Taken dated Oct. 20, 2011 in Docket DOT-OST-2009-0139.

4. The operations that Island Wing s proposes will benefit the traveling

public by providing additional, compe titive price and service options for

travelers and shippers in the Bahamas- U.S. market, and they otherwise are

consistent with the public interest fo r the reasons described herein. These

operations will have a limited environmental impact.Island Wings Exhibit 1

INFORMATION SUPPLIED PURSUANT TO THE DEPARTMENT'S REGULATIONS

Island Wings Limited hereby supplies, in support of its exemption application, the information required by the Department pursuant to 14 C.F.R. § 211.20.

(a) Name and address of applicant; form and country of organization.

Island Wings Limited PO Box LI-30137 Stella Maris, Long Island BAHAMAS

Island Wings is a private company limited by shares incorporated under Bahamian law.

(b) Government air transport auth ority of applicant's homeland.

Department of Civil Aviation Ministry of Tourism and Aviation PO Box N-975 Nassau, N.P. BAHAMAS

(c) Authority requested and proposed services.

Island Wings requests an exemption fr om the provisions of 49 U.S.C. § 41301 to the extent necessary to permit it to engage in charter foreign air transportation of persons, property, an d mail between a point or points in the Bahamas and a point or points in Florid a, and other charters subject to Part 212 of the Department's Economic Re gulations, using small aircraft as defined in 14 C.F.R. § 298.2.

Island Wings proposes to conduct frequent, ad hoc charter operations between the Bahamas and the State of Florida.

(d) Names, addresses, citizenship, and experience of directors, officers, and key personnel of applicant.

D. Marty Fox, President and Accountable Manager

Captain Fox, the President and owner of Island Wings and a Bahamian citizen, holds Commercial Pilot certific ates from the FAA and the Bahamas.Island Wings Exhibit 1 Page 2

Confidential Exhibit 1(d) contains his FAA certificate number and has been filed confidentially under seal, together with a motion for confidential treatment under Rule 12. Since attending Flight Safety International Academy in 1988, Captain Fox has logged more than 11,000 flight hours at Island Wings and as a charter pilot at Trans Island Airways (Bahamas) and the Stella Maris Resort.

(e) Persons having a substantial interest in the applicant.

Captain Fox owns 100% of the outstanding voting stock of Island Wings.

(f) Ownership or control of other airlines or transportation companies.

Island Wings does not hold any interest in (1) any U.S. air carrier, (2) any other foreign air carrier, (3) any person engaged in the business of aeronautics, or (4) any common carri er or any person whose principal business is the holding of stock in , or control of, any air carrier.

(g) Relationship between applicant and its homeland government.

There is no relationship, other than th at occasioned by regulatory oversight, between Island Wings and the Bahamian government.

(h) Insurance coverage.

The carrier will hold insurance that m eets or exceeds the requirements of 14 C.F.R. Part 205 and will file OST Fo rm 6411 with the Federal Aviation Administration.

(i) Applicant's homeland operating authority.

Copies of Island Wings’ current Air Operator Certificate and Licence to Provide Charter Services between the Bahamas and Florida are attached.

(j) Operating history of the applicant.

Island Wings was formed in 1993 and currently operates charter service within the Bahamas and the Caribbean.

(k) Fleet information.

Island Wings intends to begin U.S. operations with its sole aircraft, a Piper Aztec (C6-FOX).Island Wings Exhibit 1 Page 3

(l) Aircraft maintenance.

Aircraft Enterprises Inc. of Pembroke Pines, FL maintains C6-FOX under a program that complies with annexes 1, 6 (Part I), and 7 to the Convention on International Civil Aviation, to whic h the Commonwealth of the Bahamas is a contracting party. The FAA has rate d the Bahamas "Category 1" under the IASA program.

(m) Agreements with other carriers.

No agreements with other carriers w ill affect the proposed U.S. services.

(n) Financial data summaries.

Confidential Exhibit 1(n), which has b een filed under seal together with a motion for confidential treatment under Rule 12, includes balance sheets for Island Wings as of December 31, 2010 and 2011 and income statements for the last two calendar years of operation.

(o) Homeland government financial assistance.

None. See item (g) above.

(p) Financial forecast.

Confidential Exhibit 1(p), which has been filed under seal together with a motion for confidential treatment under Rule 12, provides a forecast for the first year of Island Wings operatio ns to and from the United States.

(q,r) Bilateral agreement and designati ons; homeland government policy with respect to U.S. carriers.

Charter operations between the Ba hamas and the United States are governed by principles of comity and reciprocity; the “Bermuda II” agreement that continues to apply to Bahamas-U.S. operations only addresses certain, scheduled services. The Department has routinely authorized charter services by Bahamian carriers as a matter of reciprocity. See, e.g., Inter Island Charters Limited, Notice of Action Taken dated May 22, 2012 in Docket DOT-OST-2009-0039; Performance Air Ltd. , Notice of Action Taken dated Oct. 20, 2011 in Do cket DOT-OST-2009-0139.Island Wings Exhibit 1 Page 4

(s) Accidents or safety or tariff violations.

Island Wings has not experienced any sa fety or tariff violations or fatal accidents.

(t) OST Form 4523.

Island Wings will provide the Department, under separate cover in Docket OST-1995-236, three copies of OS T Form 4523 (CAB Agreement 18900) relating to the liability limitations of the Warsaw Convention pursuant to 14 C.F.R. Part 203.

(*) Family assistance and passenger manifest plans.

As the requested authority will be limited to small aircraft, no family assistance or passenger manifest plan s are required under Order 98-1-31 and 14 C.F.R. Part 243.