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, 2010 
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

Salsa d’Haiti (“Salsa”) hereby submits this application for amendment of the exemption 

granted to it by the Department of Transportation (“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 hereby 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 accordance 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 foreign air carrier. Salsa 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 application, 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, authorized by the Government of Haiti to provide 

domestic air transportation within Haiti and foreign 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 laws of Haiti. Salsa is a citizen of Haiti 

and is substantially owned and effectively controlled by Haitian citizens. The Department has 

previously found that there is nothing 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 points in Florida, and by offering service between 

Cap Haitian and Florida points. Salsa will not operate 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 and 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 amendment of its existing exemption 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 utilizing aircraft wet leased from, or pursuant to a 

codeshare arrangement with, a duly authorized and properly supervised U.S. or foreign air 

carrier. 

 

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

Docket DOT-OST-2010-0110 

July 22, 2010 

3 

4. Salsa’s operations are authorized and regulated by the Government of Haiti. Haiti 

is a contracting State to the Convention on International Civil Aviation (“Chicago Convention”) 

and observes all applicable ICAO standards. The Department has previously found that Salsa is 

financially and operationally qualified to hold out 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 contemplated 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 historically 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 based 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 Salsa is financially and operationally 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 (approving 
Application 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 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 

accordance 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 foreign air 

carrier, or that the Department grant such other relief as it deems 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 foregoing 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