From: jptgilmore@hotmail.com

To: george.wellington@dot.gov CC: pat.snyder7@verizon.net Subject: RE: Airone Ventures Limited : Application For An Exemption Under 49 U.S.C. § 40109(c)

- (U.S.

- Barbados)

- Docket DOT

- OST

- 2010

- 0134 Date: Tue, 25 May 2010 20:11 :45 +0100

Mr. Wellington:

Further to Ms. Snyder's E

- Mail to you (below) I will post my initial

E

- Mail (also below), her response and this follow up on the Docket as a single document.

I would appreciate a response to the procedural question raised
and apologise for my submission as to the substantive standards for proceedings of this type which should more appropriately have been reserved for my Answer to the Application.

Sincerely,

John P.T. Gilmore

205

– 4250 St. Ambroise Montreal, Quebec
Canada H4 C 3R4 Telephone: 514 716 7665

E

- Mail : jptgilmore@hotmail.com

Date: Tue, 25 May 2010 14:10:08

- 0400 Subject: FW: Airone Ventures Limited : Application For An Exemption Under 49 U.S.C. § 40109(c)

- (U.S.

- Barbados)

- Docket DOT

- OST

- 2010

- 0134

Fro m: pat.snyder7@verizon.net To: George.Wellington@dot.gov CC: jptgilmore@hotmail.com



### Dear George:

Mr. Gilmore has kindly alerted us to an undocketed proceeding involving Air Jamaica, an Airone competitor, which has not been made public and of which

we wer e previously unaware. We would be interested in knowing how the Department finally determines that matter, particularly since Mr. Gilmore has raised questions of U.S. international aviation policy vis

- à

- vis the Caribbean in response to the Air Jamaica app lication.

### Regardless of how the Department chooses to proceed with that matter, we

support the Department’s policy of openness and transparency to the extent possible. We would therefore be most grateful if the Department would ensure that any correspon dence from the public responding to our application were filed in the docket. Although we are grateful to Mr. Gilmore for sending us a copy of his email, it should have been placed in the docket, particularly since the email does not ask a simple procedur al
question. Rather, it contains argument on the merits regarding the substantive standards to be applied to an application for exemption by a foreign air carrier.

Best Regards,

Pat Snyder

Patricia N. Snyder

Of Counsel

Troutman Sanders LLP Pat.Snyder7 @verizon.net

703

- 615

- 8853 (mobile)

202

- 654

- 6664 (fax)

www.troutmansanders.com

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### From : JOHN P.T. GILMORE <jptgilmore@hotmail.com>

To : George Wellington <george.wellington@dot.gov>

Cc : Hunnicutt, Charles A.; Snyder, Patricia N.; Connor, Brent

Sent : Mon May 24 10:54:31 2010 Subject : AirOne Ventures Limited : Application For An Exemption Under 49 U.S.C. § 40109(c)

- (U.S.

- Barbados)

- D ocket DOT

- OST

- 2010

- 0134

## AirOne Ventures Limited : Application For An Exemption Under 49

U.S.C. § 40109(c)

- (U.S.

- Barbados)

- Docket DOT

- OST

- 2010

- 0134



## Mr. Wellington:

I have a procedural question relative to the subject Application.

14 CFR 211.20 provides that ‘ The Department may require an applicant to provide additional information as necessary.’



## Is it the normal procedure for the Department to take steps to ensure that an Application is complete with respect to the requirements of 14 CFR 211.20 or are interested Parties required to request such completion by Motion under 14 CFR

302.11?

While my concern relates principally to the incomplete nature of the application with respect to 14 CFR 211 (k), (n) and (p), a check list approach to 211.20 wi ll reveal other missing elements.

Without an aircraft acquisition schedule, a balance sheet in the form specified, and monthly traffic forecasts and financial results (Income Statement and Balance Sheet) for the proposed services for the first full year of normal operations and the supporting data employed to calculate those financial forecasts, it is impossible to assess the applicant’s fitness; specified in the Department’s Foreign Air Carrier InfoPak (Page 5), as: ‘whether the air carrier is operationa lly and financially fit and has a positive compliance disposition. Here we look at whether the air carrier has experienced management, and whether its operating plan and financing appear reasonable. In this context, we are looking primarily at economic fit ness, that is, whether the air carrier will be in a position to conduct its proposed operations without putting U.S. passengers’ and shippers’ funds at risk;’



## Further, since in my submission, the financial requirements for an initial applicant for a forei gn air carrier permit or exemption should not be any less demanding / more favourable than those applicable to a US applicant for an

## initial certificate for foreign passenger and/or cargo authority

under section 49 USC 41102, the financing plan and
financi al forecasts required of the former should be at least as comprehensive and detailed as those required of the
latter.

Those requirements are summarised in the Department’s May 2005 Information Packet on ‘How to Become a
Certificated Air Carrier’.

Would you also please advise whether the time period for Answers to the Application would run from the day after the complete required information is filed by the Applicant or remain as at present with a further opportune ity to
comment on the additional inform ation when filed.

I have copied this to Counsel for the Applicant but would be pleased to send copies to all those on the Service List and post this on the Docket should the Department so wish.

An early response would be appreciated as the final date f or Answers to the Application is 15 days from the date posted
on the DMS

- May 18, 2010.

Sincerely,

John P.T. Gilmore

205

– 4250 St. Ambroise
Montreal , Quebec 

## Canada H4C 3R4 

## Telephone: 514 716 7665

E

- Mail : jptgilmore@hotmail.com