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, 2012
BEFORE 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), Island 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 transportation of persons, property, and mail 

between a point or points in the Bahamas 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 services as soon as possible, it requests 

that the Department grant the requested 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 Exhibits attached to this application 

and states as follows: 
Island Wings 

Exemption Application 

Page 2 

1. Island Wings is a Bahamian flag 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 from the United States. Captain Fox 

possesses substantial business and aviation 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 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 Docket DOT-OST-2009-0139.

4. The operations that Island Wings proposes will benefit the traveling 

public by providing additional, competitive price and service options for 

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

consistent with the public interest for 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 authority 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 from 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, and mail between a point or points in the 

Bahamas 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. 

 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 certificates 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 carrier 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 that occasioned by regulatory oversight, 

between Island Wings and the Bahamian government. 

(h) Insurance coverage. 

 The carrier will hold insurance that meets or exceeds the requirements of 14 

C.F.R. Part 205 and will file OST Form 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 which the Commonwealth of the Bahamas is 

a contracting party. The FAA has rated the Bahamas "Category 1" under the 

IASA program. 

(m) Agreements with other carriers. 

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

(n) Financial data summaries. 

 Confidential Exhibit 1(n), which has been 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 operations to and from the United States. 

(q,r) Bilateral agreement and designations; homeland government policy 

with respect to U.S. carriers. 

 Charter operations between the Bahamas 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 Docket DOT-OST-2009-0139.

 
Island Wings 

Exhibit 1 

Page 4 

(s) Accidents or safety or tariff violations. 

 Island Wings has not experienced any safety 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 OST 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 plans are required under Order 98-1-31 and 

14 C.F.R. Part 243.