BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

) In the matter of the application of ) ) SALSA D’HAITI ) Docket DOT-OST-2010-0110 ) for an exemption from 49 U.S.C. §41301 ) )

APPLICATION FOR AMENDMENT OF EXEMPTION

Communications with respect to this document should be addressed to: Charles F. Donley II Edward W. Sauer Squire, Sanders & Dempsey L.L.P. 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 626-6840 phone (202) 626-6780 fax cdonley@ssd.com esauer@ssd.com

Counsel to Salsa d’Haiti

DATED: July 22, 2010BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

) In the matter of the application of ) ) SALSA D’HAITI ) Docket DOT-OST-2010-0110 ) for an exemption from 49 U.S.C. §41301 ) )

APPLICATION FOR AMENDMENT OF EXEMPTION

Salsa d’Haiti (“Salsa”) hereby submits this application for amendment of the exemption granted to it by the Department of Transpor tation (“Department”) in the captioned docket authorizing Salsa to serve Port-au-Prince, Haiti- Miami, Florida, using wet leased aircraft or pursuant to a codeshare arrangement. Salsa he reby requests amendment of its exemption to permit Salsa to (i) engage in scheduled foreign air transportation of persons, property and mail between any point or points in Haiti, on the one hand, and any point or points in the United States, on the other hand; and (ii) conduct charters in accorda nce with the requirements of 14 C.F.R. 212, using aircraft wet leased from, or pursuant to a codeshare agreement with, a duly authorized and properly supervised U.S. or fo reign air carrier. Sals a intends begin expanded service to points in Florida from Cap Haitian in addition to Port-au-Prince and requests prompt amendment of its exemption so that plans can be finalized for Salsa’s new service. Salsa requests that its amended exemption remain in effect for a period of at least one year. In further support of its applic ation, Salsa states as follows:Application of Salsa d’Haiti for Amendment of Exemption Docket DOT-OST-2010-0110 July 22, 2010

2 1. Salsa is a Haitian air carrier, authori zed by the Government of Haiti to provide domestic air transportation within Haiti and fore ign scheduled and charter air transportation to countries including the United States. Salsa is headquartered at Aeroport Toussaint Louverture, Port-au-Prince, Haiti. 2. Salsa is organized and exists under the la ws of Haiti. Salsa is a citizen of Haiti and is substantially owned and effectively cont rolled by Haitian citizens. The Department has previously found that there is not hing in Salsa’s ownership that is inimical to U.S. aviation policy or interests. 1 3. Salsa plans to expand service between Haiti and the United States by instituting additional service between Port-au-Prince and point s in Florida, and by of fering service between Cap Haitian and Florida points. Salsa will not oper ate any Haiti-U.S. flights with its own aircraft or crews; all Salsa Haiti-U.S. services will be provided under a wet lease or codeshare arrangement with an authorized U.S. or foreign carrier. Salsa is engaged in discussions with potential wet lessors and codeshare partners an d wishes to have its underlying exemption in place so that regulatory and commercial requirements for the new service can be completed without delay. Salsa therefore requests amendmen t of its existing exemp tion to permit it to (i) engage in scheduled foreign air transportation of persons, property and mail between any point or points in Haiti, on the one hand, and any point or points in the United States, on the other hand; and (ii) conduct charters in accordance with the requirements of 14 C.F.R. 212, subject to the limitation that Salsa provide such services utili zing aircraft wet leased from, or pursuant to a codeshare arrangement with, a dul y authorized and properly supervised U.S. or foreign air

carrier.

1 Notice of Action Taken , Docket DOT-OST-2010-0110, July 6, 2010Application of Salsa d’Haiti for Amendment of Exemption Docket DOT-OST-2010-0110 July 22, 2010

3 4. Salsa’s operations are authorized and regu lated by the Government of Haiti. Haiti is a contracting State to the Convention on Inte rnational Civil Aviation (“Chicago Convention”) and observes all applicable ICAO st andards. The Department has previously found that Salsa is financially and operationally qualified to hold ou t service between Haiti and the United States through a wet lease and/or codeshare arrangement with an authorized U.S. or foreign carrier. 2 Salsa has previously filed with the Department its Haitian operating license. 3 This license represents all authority Salsa requires to offer the services contemplat ed by this application.

5. Service between the United States and Haiti is not governed by a bilateral air transport agreement. Rather, the U.S.-Haiti aviation relationship is based on comity and reciprocity. The air transport market between the two countries has historic ally been open to all carriers. Not surprisingly, the market has been dominated by U.S. carriers, including American Airlines, Spirit Airlines, and Delta Air Lines, offering service from Ft. Lauderdale, Miami and New York. The limited authority requested by Salsa to hold out wet lease and/or codeshare service to U.S. points should be approved base d on the benefits the Haitian Government has made available to U.S. carriers in the past as well as the overall aviation relationship between the United States and Haiti. In fact, the United States has repeatedly recognized the excellent state

of aviation relations between the two countries in approving applications of Haitian carriers. 4

2 Id. (“Based on the record in this case, we find that Sals a is financially and operatio nally qualified to perform the services authorized[.]”)

3 See, Application for Exemption , Docket DOT-OST-2010-0110, April 28, 2010

4 See, Notice of Action Taken , Docket DOT-OST-1996-1386, May 30, 1997 (renewing exemption of Haiti Air Freight International, S.A.); Notice of Action Taken , Docket DOT-OST-1996-1087, September 9, 1997 (renewing exemption of Haytian Aviation Lines, S.A. d/b/a Halisa Air); Notice of Action Taken , Docket DOT-OST-1995-758, September 25, 1997 (renewing exemption of Haiti National Airlines); Notice of Action Taken , Docket DOT-OST1997-2999, November 5, 1997 (approving exemption application of Haiti Aviation, S.A. d/b/a Air D’ayiti); Notice of Action Taken , Docket DOT-OST-1998-3666, April 15, 1998 (approving exemption application of Haiti International Airline S.A.); Notice of Action Taken , Docket DOT-OST-2002-12061, May 2, 2002 (approvingApplication of Salsa d’Haiti for Amendment of Exemption Docket DOT-OST-2010-0110 July 22, 2010

4 6. Salsa submits that its application raises no environmental or energy issues. All of Salsa’s services under its amended exemption will be conducted in accordance with applicable noise abatement requirements. Approval of this application will not result in a near-term increase in fuel consumption of ten million gallons or more.

WHEREFORE , Salsa d’Haiti respectfully requests amendment of its existing exemption authority to the extent necessary to permit Sa lsa to (i) engage in scheduled foreign air transportation of persons, prope rty and mail between any point or points in Haiti, on the one hand, and any point or points in th e United States, on the other hand; and (ii) conduct charters in accordance with the requirements of 14 C.F.R. 212, using aircraft we t leased from, or pursuant to a codeshare agreement with, a duly authorized and properly supervised U.S. or foreign air carrier, or that the Department grant such other relief as it deem s necessary and appropriate. Respectfully submitted, /s/ Charles F. Donley II

__________________________________ Charles F. Donley II Edward W. Sauer Squire, Sanders & Dempsey L.L.P. 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 626-6840 phone (202) 626-6780 fax cdonley@ssd.com esauer@ssd.com

Counsel to Salsa d’Haiti DATED: July 22, 2010

exemption application of Haiti Ambassador Airlines, S.A.); Notice of Action Taken , Docket DOT-OST-2002-11947, May 2, 2002 (approving exemption application of Haiti Caribbean Airlines, S.A.).i CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoi ng Application of Salsa d’Haiti has this day been served on each of the following individuals via e-mail.

/s/ Charles F. Donley II

_________________________________ Charles F. Donley II DATED: July 22, 2010

sascha.vanderbellen@delta.com ; sametta.c.barnett@delta.com ; jeff.morgan@delta.com jeffrey.manley@united.com howard_kass@usairways.com hkamen@coair.com ; dan.weiss@coair.com carl.nelson@aa.com dkirstein@yklaw.com