ORIGINAL 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

TRANS CAPITAL AIR LTD. 

for an exemption pursuant to 49 U.S.C. § 40109(c) 

(Canada-U.S. Scheduled and Charter Service) 

Docket OST-2005-20934 

APPLICATION OF 

TRANS CAPITAL AIR LTD. 

FOR RENEWAL OF AN EXEMPTION 

Communications with respect to this document should be sent to: 

Nathaniel P. Breed, Jr. 

ZUCKERT SCOUTT & 

RASENBERGER, LLP 

888 17th Street, N.W., Suite 700 

Washington, D.C. 20006-3309 

(202) 973-7919 (tel.) 

(202) 342-0683 (fax) 

npbreed@zsrlaw.com 

Attorneys for 

TRANS CAPITAL AIR LTD. 

July 20, 2010 

NOTICE: Answers to this Application are due to be filed on August 4, 2010. 

Answers must be filed in the DOT's Docket Section and served on counsel for Trans 

Capital and on all persons named on the attached Service List. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

TRANS CAPITAL AIR LTD. 

for an exemption pursuant to 49 U.S.C. § 40109(c) 

(Canada-U.S. Scheduled and Charter Service) 

Docket OST-2005-20934 

July 20, 2010 

APPLICATION OF 

TRANS CAPITAL AIR LTD. 

FOR RENEWAL OF AN EXEMPTION 

Trans Capital Air Ltd. ("Trans Capital") hereby applies, pursuant to 49 U.S.C. § 

40109 and Subpart C of the Procedural Regulations of the Department of Transportation 

(the "Department" or "DOT"), for renewal of its temporary exemption from 49 U.S.C 

§ 41301 authorizing Trans Capital to perform transborder non-scheduled charter flights, 

using aircraft having 60 or fewer seats and with a maximum payload capacity of 18,000 

pounds or less,carrying persons, property and mail between any point or points in Canada 

and any point or points in the United States pursuant to the March 12, 2007 Bilateral Air 

Transport Services Agreement between Canada and the United States (the "2007 

Agreement"), as amended. The exemption authority at issue was most recently renewed 

for a two-year period, through July 30, 2010, by Notice of Action Taken issued on July 

30, 2008. 

Trans Capital requests that the foregoing exemption authority be renewed for a 

fiirther period of two years, through July 30, 2012, or until 60 days after final action by 
Trans Capital Air Application 

Transborder Exemption Authority 

2 -

the Department on a forthcoming application by Trans Capital for grant of a Foreign Air 

Carrier Permit pursuant to 49 U.S.C. § 41302 authorizing the same broad-scope 

transborder operations, whichever occurs first. 

In accordance with Section 302.303 and Section 211.20 of the Department's 

Regulations, Trans Capital submits the following information in support of this renewal 

application. 

1. Existing Authority and Operations. 

Trans Capital is a Canadian charter air carrier based in Toronto, Ontario. Trans 

Capital performs on-demand passenger charter flights within Canada, and between points 

in Canada and points in Third Counties, and between points in Canada and points in the 

United States, utilizing a fleet of four leased Canadian-registered DeHavilland Dash 7 

aircraft configured to carry 48 passengers. In addition, Trans Capital provides ondemand emergency medical evacuation flights carrying seriously-injured or gravely ill 

United Nations peacekeeping persormel between Port-au-Prince, Haiti and Miami or Ft. 

Lauderdale, Florida (and also between Haiti and Santo Domingo, D.R., which also has 

suitable hospital facilities), pursuant to a recently-renewed three-year contract (June 3, 

2008 - June 2, 2011) with the United Nations. The Haiti-Miami (or Ft. Lauderdale) ondemand charter flights for the United Nations have been operated pursuant to Trans 

Capital's exemption authority and through a series of Part 212 Statements of 
Trans Capital Air Application 

Transborder Exemption Authority 

- 3 -

Authorization granting Trans Capital limited special-purpose 5^ freedom passenger 

charter authority pursuant to Part 212 of the Department's Economic Regulations.' 

In addition to the foregoing U.S. economic authority, Trans Capital holds a Part 

129 Foreign Air Carrier Certificate and Operations Specifications issued to it by the U.S. 

Federal Aviation Administration (the "FAA"). Trans Capital also holds Canadian 

domestic and international Licenses issued to it by the Canadian Transportation Agency 

(the "CTA") and an Air Operator Certificate issued to it by Transport Canada ("Transport 

Canada"), authorizing Trans Capital to engage in non-scheduled operations within 

Canada, and between points in Canada and points in foreign countries, including the 

United States. 

2. Automatic Extension. 

Trans Capital hereby invokes and relies upon the provisions of Section 558(c) of 

the Administrative Procedure Act, 5 U.S.C. §558(c), as implemented by Part 377 of the 

Department's Special Regulations (14 CFR §377.10), to continue in effect its exemption 

authorizing Trans Capital to provide charter foreign air transportation between Canada 

and the United States until the Department makes a final determination of this 

Application. In accordance with Section 377.10(c)(3), this renewal application is being 

filed prior to the expiration date of the temporary authority at issue. 

' Trans Capital is concurrently filing an application for issuance of a one-year extension 

of its prior Statement of Authorization, through July 30, 2011. 
Trans Capital Air Application 

Transborder Exemption Authority 

4 -

3. Ownership, Citizenship and Fitness. 

Subsequent to the filing of Trans Capital's initial exemption application in this 

docket on April 6, 2005, there has been no change in its ownership, board of directors 

and management, all of whom are Canadian citizens or landed immigrants in Canada, and 

there has been no adverse change in Trans Capital's financial condition, scope and type 

of operations, compliance disposition and safety record. 

4. Applicable Bilateral Agreement. 

As the Department has previously determined (Notice of Action Taken, issued in 

this proceeding on June 13, 2005; and Notice of Action Taken, issued on July 30, 2008), 

the exemption authority at issue is consistent with the March 12, 2007 Bilateral Air 

Transport Agreement between the United States and Canada, as amended. The February 

1995 Agreement has recently been superseded by the United States-Canada (the "March 

2007 Agreement"). The March 2007 Agreement is a liberal "open-skies" agreement 

contemplating the unrestricted exchange of 3'^'^ and 4* freedom traffic rights between the 

two countries, and also contemplates the liberal grant of 5^^ freedom traffic rights, on the 

basis of reciprocity, to air carriers of each country. Accordingly, the Government of 

Canada continues to follow a policy of granting Canada-Third Country 5"^ freedom 

traffic rights to U.S. carriers on a liberal basis, as confirmed by the Certification filed in 

Docket OST-2006-24269 on December 22, 2008 by the Canadian Transportation 

Agency. 
Trans Capital Air Application 

Transborder Exemption Authority 

- 5 -

5. Public Interest. 

Trans Capital respectfiilly submits that the renewal of its existing Canada-U.S. 

transborder exemption authority is consistent with the public interest and Department 

precedent. Trans Capital has been found to be, and continues to be, fit, willing and able 

to perform the foreign air transportation applied for herein and to conform to the 

requirements of the Federal Aviation Statutes and the rules, regulations and orders of the 

Department and the FAA thereunder. Trans Capital fiirther submits that its ongoing and 

proposed charter operations operated pursuant to the exemption authority at issue have 

not constituted, and will not constitute, a "major regulatory action" within the definitions 

of Section 313.4 of the Department's Procedural Regulafions, implementing the 

provisions of the Energy Policy and Conservation ct of 1975. 

On the basis of the March 2007 U.S.-Canada "Open Skies" Bilateral Agreement 

and Trans Capital's designation by the Canadian Government to provide foreign air 

transportation as provided for under that Agreement, renewal of the foreign air 

transportation exemption authority at issue is presumptively consistent with the public 

interest. 
Trans Capital Air Application 

Transborder Exemption Authority 

6-

WHEREFORE, Trans Capital respectfully requests the Department to issue an 

Order or Notice of Action Taken renewing Trans Capital's existing exemption from 49 

U.S.C. §41301 for a period of two years, through July 30, 2012. 

Respectfiilly submitted. 

Nathaniel P. Breed, Jr. 

ZUCKERT SCOUTT & RASENBERGER, LLP 

Attorneys for 

TRANS CAPITAL AIR LTD. 

Washington, D.C. 

July 20, 2010 
CERTIFICATE OF SERVICE 

I hereby certify that on this 20"^ day of July 2010, a copy of the foregoing Application of Trans Capital Air 

Ltd. for Renewal of an Exemption (Canada-U.S. Transborder Operations) was served by e-mail on the following: 

Jeffrey Manley 

Senior Advisor - Regulatory Affairs 

United Air Lines, Inc. 

1025 Connecticut Avenue, N.W. 

Suite 1210 

Washington, DC 20036 

jeffrey.manley@united.com 

R. Bruce Keiner, Jr. 

Lorraine B. Halloway 

Counsel for Continental Airlines 

Crowell & Moring 

1001 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

rbkeiner@crowell.com 

Lhalloway@crowell.com 

Alexander Van Der Bellen 

Jeff Morgan 

Sametta C. Bamett 

Delta Air Lines 

1212 New York Avenue, NW 

Suite 200 

Washington, D.C. 20005 

Sascha.vanderbellen@delta.com 

sametta.c.bamett@delta.com 

Jeff.morgan@delta.com 

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airlines, Inc. 

1101 Seventeenth Street, N.W. 

Suite 600 

Washington, D.C. 20036 

carl.nelson@aa.com 

Hershel Kamen 

Vice President—International 

and Regulatory Affairs 

Dan Weiss 

Continental Airlines, Inc. 

Government Affairs—8* Floor 

1600 Smith Street 

Dept. HQSGV 

Houston, TX 77002 

hkamen@coair.com 

dan.weiss@coair.com 

David L. Vaughan 

Danielle Fisher 

Counsel for United Parcel Service 

Kelley Drye Collier Shannon 

3050 K Street, N.W. 

Suite 400 

Washington, D.C. 20007 

dvaughan@kelleydrye.com 

dfisher@kelleydrye.com 

John L. Richardson 

Counsel for Amerijet International 

John L. Richardson, P.L.L.C. 

555 13"' Street, N.W. 

Suite 420 West 

Washington, D.C. 20004 

j ri chardson@j ohnlrichardson. com 

John Palo 

Vice President, Planning Military 

and Government 

Evergreen International Airlines, Inc. 

3850 Three Mile Lane 

McMinnville, OR 97128 

john.palo@evergreenairlines.com 

charters@evergreenairlines.com 

Malcolm L. Benge 

Counsel for World Airways and North 

American Airlines 

Zuckert, Scoutt & Rasenberger, L.L.P. 

888 Seventeenth Street, N.W. 

Suite 700 

Washington, DC 20006 

mlbenge@zsrlaw.com 
Angeline Garbuzinski 

Legal and Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3"' Floor 

Memphis, TN 38125 

anbird@fedex.com 

Pierre Murphy 

Counsel for Brendan Airways, L.L.C. 

d/b/a USA 3000 Airlines and Arrow Air 

1200 New Hampshire Avenue, N.W. 

Suite 590 

Washington, D.C. 20036-6802 

pmurphy@lopmurphy.com 

Thomas E. Fosko 

Vice President 

Air Transport International LLC 

2800Cantrell Road 

Little Rock, AR 72202 

tom.fosko@airtransport.cc 

Howard Kass 

Managing Director & Associate General 

Counsel 

US Airways 

1401 H Street, N.W. 

Suite 1075 

Washington, D.C. 20006 

howard kass@usairways.com 

Aaron Goerlich 

Counsel for Allegiant Air and 

Ryan International Airlines 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Suite 800 

Washington, D.C. 20036-6802 

agoerlich@ggh-airlaw.com 

Edward P. Faberman 

Counsel for Frontier Airlines 

Wiley Rein LLP 

1776 K Street, N.W. 

Washington, DC 20006 

efaberman(a),wrfcom 

Robert P. Silverberg 

Jeffrey Johnson 

Counsel for ABX Air 

Silverberg, Goldman & Bikoff, L.L.P. 

1101 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

rsilverberg@sgbdc.com 

jjohnson@sgbdc.com 

Marshall S. Sinick 

Counsel for Alaska Airlines 

and Florida West International Airways 

Squire, Sanders & Dempsey 

1201 Pennsylvania Avenue, N.W. 

Suite 500 

Washington, D.C. 20004 

msinick@ssd.com 

Stephen H. Lachter 

Counsel for Astar Air Cargo 

Lachter & Clements LLP 

1150 Connecticut Avenue, N.W., Ste. 900 

Washington, DC 20036 

slachter@lachter-clements.com 

Russell E. Pommer 

Associate General Counsel and 

Director of Regulatory Affairs 

Atlas Air, Inc. 

1747 Pennsylvania Avenue, N.W. 

Suite 875 

Washington, D.C 20006 

rpommer@atlasair.com 

Mark W. Atwood 

Counsel for Kalitta Air 

Sher & Blackwell, L.L.P. 

1850 M Street, N.W. 

Suite 900 

Washington, D.C. 20036 

matwood@sherblackwell.com 

Jonathan B. Hill 

Counsel for Hawaiian Airlines and JetBlue 

Dow Lohnes 

1200 New Hampshire Avenue, N.W. 

Suite 800 

Washington, DC 20036-6802 

jhill@dowlohnes 
John S. Fredericksen 

Vice President and General Counsel 

MN Airlines, LLC dba Sun Country 

Airlines 

1300 Mendota Heights Road 

Mendota Heights, MN 55120 

john.fredericksen@suncountry.com 

Joanne W. Young 

Counsel for Spirit Airlines 

Kirstein & Young PLLC 

1001 Pennsylvania Ave., N.W. 

Suite 600 South 

Washington, DC 20004 

jyoung@yklaw.com 

William C. Evans 

John R. Mietus, Jr. 

Counsel for Centurion Air Cargo and Trade 

Winds Airlines 

Law Office of John Mietus, LLC 

315 C Street, SE, Lower Level 

Washington, DC 20003 

bill@mietuslaw.com 

john@mietuslaw.com 

Thomas A. Gillies 

Chief Operating Officer 

Southern Air Inc. 

117 Glover Ave. 

Norwalk, CT 06850 

Email: tgillies@southemair.com 

Jonathan Blank 

J. Timothy Hobbs 

Counsel for Capital Cargo Intemational 

Airlines 

Kirkpatrick & Lockhart 

Preston Gates Ellis LLP 

1601 K Street NW 

Washington, DC 20006 

jonathan.blank@klgates.com 

tim.hobbs@klgates.com 

George Wellington, Chief 

Foreign Carrier Licensing Division 

Office of Intemational Aviation 

Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

george.wellington@dot.gov 

Lisa Dunn 

Counsel for TEM Enterprises/ Xtra Airways/ 

Casino Express 

331 7"'Street 

Elko, NV 89801 

ldunn@xtraairways.com 

Stephen A. Alterman 

Counsel for Horizon Air 

Meyers & Alterman 

1220 Nineteenth Street, N.W. 

Washington, D.C. 20036 

cargoair@aol.com 

Eric Christensen 

Vice President, Planning 

Skywest Airlines 

444 S. River Road 

St. George, UT 84770 

echristensen@skvwest.com 

Kevin Montgomery 

Peter Beckett 

Polar Air Cargo, Inc. 

1747 Pennsylvania Avenue, N.W. 

Suite 875 

Washington, D.C 20006 

kevin.montgomery@ polaraircargo.com 

peter.beckett@polaraircargo.com 

Robert J. Finamore 

Analyst 

Room W-86-433 

Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Robert.finamore@dot.gov 

John M. Allen 

Director 

Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 821 

Washington, D.C. 20591 

john.allen@faa.gov 

4u^jl^/2^j? 

Nathaniel P. Breed, Jr.