Order 2012-4-29

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26th day of April, 2012

Served: April 26, 2012

Application of

AVIATION SAFETY &

SECURITY CONSULTANTS, LTD.,

d/b/a BUTLER’S AVIATION

Docket DOT-OST-2011-0227

 

for a foreign 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, requests 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 applicant 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 interest 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 the carrier is properly licensed by the Government of the Bahamas to perform the 

proposed services, and we 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 (insurance 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 Title 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 granted 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 foreign 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 review, 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 Department’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 99.98% 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 specifically states that it is applying to provide the services 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 gallons 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 occurs 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;

4. 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 the 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 relied upon in support of the objections; if objections are filed, 

answers to objections are due no later than seven (7) calendar days thereafter;

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

matters and 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

7. We will serve a copy of this order on the applicant, the Embassy of the Bahamas in Washington, 

D.C., the U.S. Department of State (Office of Aviation Negotiations), and the Federal Aviation 

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at:

http://www.regulations,gov
Appendix 

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 Foreign 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 foreign air 

transportation of persons, property and mail as follows, using small aircraft:

Between 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 agreement 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 36 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 Transportation 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 this 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 filed 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 Government 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 operations 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 purchased 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 transportation" 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 United 

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, 

comply 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 orders 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 authority cannot be sold or otherwise transferred without explicit Department 

approval under Title 49 of the U.S. Code.

12/2007