Order 20 1 2

- 4

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C

.

Issued by the Department of Transportation

on the 26 th day of April, 20 12

Served : April 26, 2012

Application of

AVIATION SAFETY & SECURITY CONSULTANTS, LTD.,

d/b/a BUTLER’S AVIATION Docket DOT

- OST

- 2011

- 0227

for a f oreign air carrier permit under 49 U.S.C. §41301

ORDER TO SHOW CAUSE

Summary

By this order we tentatively find that it is in the public interest to grant the application of the referenced foreign air carrier for a foreign air carrier permit attached as the Appendix to this order

.

Application

By application filed December 7, 2011, 1 Aviation Safety & Security Consultants, Ltd., d/b/a

Butler’s Aviation (Butler’s Aviation) a foreign air carrier of the Bahamas, r equest s a foreign air carrier permit under 49 U.S.C. §41301 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 in accordance with 14 CFR Part 212 of the Department’s rules, using small aircraft.

The applic ant provided evidentiary materials required by 14 CFR Part 211 of our regulations to support its request for authority.

We received no answers to the application.

Tentative Findings and Conclusions

We tentatively find and conclude that the public inter est warrants granting the applicant a foreign air carrier permit, in the form attached as the Appendix to this order, and subject to the conditions

1 We note that Butler’s Aviation separately requested exemption authority and we have previously acted on that portion of its request. See Notice of Action dated January 27, 2012, in Docket DOT

- OST

- 2011

- 0226.2

attached. 2 In particular, we tentatively find that grant of this authority is in the public interest; that the applicant has demonstrated, based on the record

, that it is financially and operationally fit to perform the services authorized ; 3 and that it is substantially owned and effectively controlled by

citizens of its claimed homeland. 4

We note that t he carrier is properly licensed by the Government of the Bahamas to perform the proposed services , and w e tentatively find that adequate comity and reciprocity and our overall aviation relationship with the Bahamas support favorable action on the applicant’s request. Furthermore, on January 19, 2012, the FAA advised us that it knew of no reason why we should act unfavorably on the applicant’s request

. We have verified the applicant’s compliance with 14 CFR Parts 203 (Warsaw liability waiver), and 205 (insura nce requirements).

In view of the foregoing and all facts of record, and acting under authority assigned by the Department in its regulations, 14 CFR Part 385, we tentatively find and conclude that:

1. It is in the public interest to issue the applicant a foreign air carrier permit in the form attached

, for operations with small aircraft ; 5

2. The applicant is fit, willing and able properly to perform the foreign air transportation described in the attached permit and to conform to the provisions of Ti tle 49 of the U.S. Code, and to our rules, regulations, and requirements;

3. The applicant is substantially owned and effectively controlled by citizens of its claimed homeland;

4. The public interest requires that the exercise of the privileges grante d by the permit should be subject to the terms, conditions, and limitations contained in the attached permit, and to such other reasonable terms, conditions, and limitations required by the public interest as we may prescribe;

5. The issuance of this for eign air carrier permit will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in 14 CFR §313.4(a)(1) of our regulations; 6

6. The public interest does not require an oral evidentiary hearing on the application; and

7. Our action with respect to this foreign air carrier permit should, unless disapproved by the President of the United States under §41307 of Title 49 of the U.S. Code, become effective on the 61st day after its submission for §41307 re view, or upon the date of receipt of advice from the

2 The applicant’s request for a foreign air carrier permit was summarized in the Departmen t’s published weekly list of applications filed. This notice described the authority sought and gave interested persons an opportunity to submit evidence and objections to the award of this foreign air carrier permit authority. As noted above, no answers were filed to the application.

3 The applicant requested confidential treatment of its financial submissions, under the provisions of 14 CFR §302.12. Good cause having been shown, we will grant this request.

4 The record indicates that the applicant is 9 9.98% owned by Capt. Randy L. Butler with the remaining 0.02% owned by Larona Miller Butler, both of whom are citizens of the Bahamas. The applicant’s President and all of its key management personnel are also citizens of the Bahamas.

5 The applicant spec ifically states that it is applying to provide the service s requested using small aircraft.

6 This finding is based on the fact that the grant of this permit will not result in a near

- term net annual change in aircraft fuel consumption of 10 million gallo ns or more.3

President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove this portion of the Department’s decision under that section,

whichever occ urs earlier.

ACCORDINGLY,

1. We direct all interested persons to show

- cause why our tentative decision on the application of Aviation Safety & Security Consultants, Ltd., d/b/a Butler’s Aviation for a foreign air carrier permit, set forth above, should not be made final;

2. In the conduct of these operations, Aviation Safety & Security Consultants, Ltd., d/b/a Butler’s

Aviation may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18, 000 pounds;

3 . We grant the request of Aviation Safety & Security Consultants, Ltd., d/b/a Butler’s Aviation for confidential treatment of its financial submissions, consistent with the provisions of 14 CFR §
302.12;

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. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty

- one (21) calendar days after the date of service of this order, file with t he Department and serve on the parties to this proceeding, a statement of objections specifying the part or parts of the tentative findings and conclusions objected to, together with a summary of testimony, statistical data, and concrete evidence to be rel ied upon in support of the objections; if objections are filed, answers to objections are due no later than seven (7) calendar days thereafter;

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. If timely and properly supported objections are filed, we will give further consideration to the

matters an d issues raised by the objections before we take further action;

6. In the event no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order which will (subject to Presidential review under §41307 of Title 49 of the U.S. Code) make final our tentative findings and conclusions set forth in this order; and

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. We will serve a copy of this order on the applicant, the Embassy of the Bahamas i n Washington, D.C., the U.S. Department of State (Office of A viation Negotiations) , and the Federal Aviation

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation (SEAL)

Appendi x

An electronic version of this document is available on the World Wide Web at: http://www.regulations,govAppendix

Issued by

Order



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

-------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER



### --------------------------------------------------------- AVIATION SAFETY & SECURITY CONSULTANTS, LTD.,

d/b/a BUTLER’S AVIATION

A F oreign Air Carrier of the Bahamas

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transportation, to engage in charter f oreign air transportation of persons, property and mai l as follows, using small aircraft :

B etween a point or points in the Bahamas and a point or points in Florida

In the conduct of these operations authorized, the holder may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and limitations in both the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and

the holder’s homeland are or shall become parties.

This permit shall be effective on , and shall terminate five years thereafter; provided, that if during said period the operation of the foreign air transportation authorized becomes the subject of any treaty, convention or ag reement to which the United States and the applicant’s homeland are or shall become parties, then this permit is continued in effect during the period provided in such treaty, convention, or agreement.The Department of Transportation has executed this permit and affixed its seal on

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 3 6 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and to find out whether the Transportati on Security Administration has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under thi s authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be file d with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Govern ment for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operat ions under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchas ed in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportatio n" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the Unite d States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement,

com ply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable o rders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this auth ority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.

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