## BEFORE THE

OFFICE OF THE SECRETARY

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

___________________________________ Application of: )

)

PACKAGE DELIVERY XPRESS, LTD. )

) Docket No. OST

- 2008

- 0087

- 0005

For an Exemption to Engage i n Charter Air )

Transportation of Property )

Pursuant to 49 U.S.C. §40109 )

U.S.A.

— Bahamas )

____________________________________



## RENEWAL OF PACKAGE DELIVERY XPRESS, LTD.

EXEMPTION TO ENGAGE IN CHARTER AIR TRANSPORTATIO N

Communications with respect to this document should be sent to:

Sylvester Rollins Richard A. Asper, J.D., Chairman

President C.A. Southerland, Vice President

Package Delivery Xpress, Ltd. Aviation Professionals Group, Inc.

P.O. Box CB

- 118 35 3000 NE 30 th 

### Place, Suite 107

Nassau International Airport Fort Lauderdale, FL 33306

Nassau, N.P. Bahamas

Voice: (242) 341

- 6593 Voice: (954) 763

- 4848

(305) 735

- 3849 Fax: (954) 763

- 4240

FAX: (242) 361

- 7551 Email: ca@avi ation

- professionals.com

Email: ansyl@coralwave.com 

### Representatives for

Package Delivery Xpress, Ltd.

NOTICE : ANY PERSON WHO WISHES TO SUPPORT OR OPPOSE THIS APPLICATION

MUST BY JULY 30 , 2011 , FILE AN ANSWER WITH THE DEPARTMENT OF

TRANSPORTATION AND SERVE A COPY ON THE APPLICANT AND ALL OF THE

PERSONS SERVED WITH THIS APPLICATION.

IT IS REQUESTED THAT THIS APPLICATION BE PROCESSED UNDER SUBPART Q OF

THE DEPARTMENT'S REGULATIONS.



## June 29, 2011

## BEFOR E THE

OFFICE OF THE SECRETARY

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C



# .

________________________________________ Application of: )

)

PACKAGE DELIVERY XPRESS, LTD. )

) Docket No. OST

- 2008

- 008 7

- 0005

For an Exemption to Engage in Charter Air )

Transportation of Property )

Pursuant to 49 U.S.C. §40109. )

U.S.A.

— Bahamas )

________________________________________)



## RENEWAL APPLICATION O F PACKAGE DELIVERY XPRESS, LTD.

FOR AN EXEMPTION

Pursuant to 49 U.S.C. §§40109, 41301 and Part 211 of the Department's Economic

Regulations, Package Delivery Xpress, Ltd. ('PDX", or "Applicant") hereby submits its application

for renewal for the period of two (2) years, of its Exemption to the extent necessary to permit

Package Delivery Xpress, Ltd. to engage in charter foreign air transportation of property between a

point or points in the United States of America, on the one hand, to a point in the Bah amas, on the

other hand using small aircraft as defined in 14 C.F.R. §298.2. Pursuant to the principle of

reciprocity between the governments of the United States of America and the Bahamas, Applicant

acknowledges that the requirement for the payment of fe es pursuant to this application is waived.

In support of its application and pursuant to the Department's Procedural Regulations, Package

Delivery Xpress, Ltd. submits the following information:

1. Package Delivery Xpress, Ltd. is a pri vately owned corporation established under

the laws of the Bahamas whose corporate status is unchanged since the original application of PDX

for an exemption, dated May 21, 2008. The company's executive offices are located at Harrold

Road, Nassau, Bahamas

.

### 2. Applicant’s Foreign Air Carriers

– Certificate of Insurance (OST Form 6411) is attached

hereto as Exhibit PDX

- 1.

3. Applicant seeks the renewal of its exemption authorizing it to continue to provide charter

combination fore ign air transp ortation between the Bahamas and the U.S.A. By Official

Communication with the reference number MT&A/CAD/35/(l), dated July 01, 2010 , the

government of the Bahamas renewed the authority of PDX requested herein . See Letter from the

Minister of Transportatio n and Aviation, Exhibit PDX

- 2.

4. Package Delivery Xpress, Ltd. is owned by citizens of the Bahamas and all members of the

Board of Directors and all Key management personnel are citizens of the Bahamas. On September

1, 2010 the Department of Civil Aviation of the Bahamas renewed Package Delivery Xpress, Ltd.’s

authority to operate international charter combination flights between the Bahamas and the United

States of America. See Exhibit PDX

- 3.

5. Attached as Exhibit PDX

- 4 are the most recent Package Delivery Xpress, Ltd. Operation

Specifications issued by the Civil Aviation Department of the Bahamas, clearly evidencing the

particulars of Package Delivery Xpress, Ltd.’s authority to operate aircraft commercially.

6. Package D elivery Xpress, Ltd. has successfully performed and will continue to perform its

U.S.A. operations with equipment from its fleet of one (1) Embraer EMB

- 110 Bandeirante aircraft

configured with cargo capacity not to exceed four thousand (4,000) pounds. Pack age Delivery

Xpress, Ltd. aircraft are small aircraft as defined in 14 C.F.R. §298.2(u).

7. Charter operations between the U.S.A. and the Bahamas are governed by principles of

“comity and reciprocity.” As the Department has consistently found, the charter services

proposed herein are fully supported by comity and reciprocity principles since many U.S.A. carriers

operate charter air services between the U.S.A. and the Bahamas as well as scheduled services

on routes not covered by Bermuda I. See Order s 96

- 5

- 8 and 95

- 11

- 17 issuing Foreign Air Carrier

Permits to, respectively, Cherokee Air Ltd. and Laker Airways (Bahamas) Limited.

8. Because of the limited scope of its proposed operations, 2 

### the issuance to Applicant

### of an Exemption will not consti tute a "major federal action significantly affecting the quality of

the human environment" within the meaning of §102(2)(c) of the National Environmental Policy

Act or a "major regulatory action" under the Energy Policy and Conservation Act.

WHEREFO RE, Package Delivery Xpress, Ltd. respectfully requests that the Department

renews its Exemption, to the extent necessary, to authorize it to continue to engage in charter

foreign air transportation of property and mail between a point or points in the Bah amas, on the one

hand, and a point or points in the United States of America, on the other hand, using small aircraft

as defined in 14 C.F.R. §298.2(u), or such other or different relief as may be proper.

June 29, 2011

Respectfully submitted

,

C.A. Southerland

Voice: (954) 763

- 4848

Email:ca@aviation

- professionals.com

Representative for

Package De livery Xpress, Ltd.

_____________________________

1. The currently effective bilateral agreement for scheduled services between the U.S.A. and the

Bahamas ("Bermuda II") governs scheduled combination services on certain enumerated rout es.

However, other routes operated by U.S.A. or Bahamian carriers are governed by comity and reciprocity.

2. Since Package Delivery Xpress, Ltd. is only proposing to operate small aircraft, it is specifically

exempted from the pr ovision of 49 U.S.C. §41313 (Foreign Air Carrier Family Support Act of 1997).

See Order 98

- 1

- 31. Package Delivery Xpress, Ltd.' operations are similarly not covered by the provisions

of the Passenger Manifest Rule since Package De livery Xpress, Ltd. will not carry passengers and is not a

"covered airline." See 14 C.F.R. §243.3.

## CERTIFICATE OF SERVICE

I hereby certify that I have, on June 29, 2011 served via United States Postal Service, the foregoing Application

of Package Delivery Xpress, Ltd. on the following persons:

Carl Nelson, Jr. Howard Kass

Associate General Counsel US Airways

American Airlines 2345 Crystal Drive

110111th Street, N.W. Alexandria, VA 22227

Suite 600 Koward ka ss@a,,usairways.com

Washington, DC 20036

Carl.nelson@aa.com Roger Nair, General Manager

Flying Boat, Inc.

Hershel Kamen d/b/a Chalk's International Airlines

Continental Airlines 704 S.W. 34 th Street

Dept. HQSGV Fort Lauderdale, FL 33315

P.O. Box 4607 (954) 359

- 0329

Houston; TX 77210

- 4607

Hkamen@conair.com Air Pony Express

1630 NW 121 Ave Pembroke

Charlene Kennedy Pines Fl. 33026

Delta Airlines (954) 450

- 6050

1275 K Street, N,W.

Suite 1200 David Hackett, President & CEO

Washington, DC 20005 Gulfstream International Airlines, Inc.

Charlene.kennedy@delta.co m D/b/a Continental Connection

1815 Griffin Road, Suite 400

Megan Rae Rosia Dania,,FL 33004

Northwest Airlines (954) 266

- 3000

901 15th Street, N.W.

Suite 500 David G. Neeleman, CEO

Washington, DC 20005 JetBlue Airways Co rporation

Megan.rosia@nwa.com 80

- 02 Kew Gardens Road

Kew Gardens, NY 11415

Jeffrey Manley (718) 286

- 7900

United Airlines

Wilmer, Cutler & Pickering Daniel P. Garton, President

2445 M Street, N.W. American Eagle Airlines, Inc.

W ashington, DC 20037 Box 61915, MD 5475

jmanley(wilmer.com DFW Airport, TX 75261

(972) 425

- 1500

David Vaughan

UPS David G. Basset, Chairman & CEO

Kelley, Drye & Warren Amerijet International, Inc.

1200 l9tt` Street, N.W. 2800 S. Andrews Avenue

Suite 500 Fort Lauderdale, FL 33316

Washington, DC 20036 (954) 320

- 5300

dvaughan@,kelleyd e.comFrank Visconti, President Peter V. Garrambone, President

Arrow Air, Inc. Planet Airways, Inc.

2000 N.W. 62°d A venue Building 711 7380 Sand Lake Road. Ste 350

Miami, FL 33122 (305) 871

- 6606 Orlando, Fl 32819

(407) 363

- 1800

George Mikelsons, President & CEO

ATA Airlines, Inc. Jacob M. Schoor, President & C

Box 51609 Spirit Airlines, Inc.

Indianapolis International Airport 2800 Executive Way

Indianapolis, IN 46251 Miramar, FL 33025

(317) 247

- 4000 (954) 447

- 7965

Joseph R. O'Gorman, President & CEO U.S. Department of State

Evergreen International Airlines, Inc. Offic e of Civil Aviation

3850 Three Mile Lane Room 5531

McMinnville, OR 97128 EB/TRA/AN

(503) 472

- 0011 800 Independence Ave. SW

Washington, DC 20591

Emilio Dirube, President

Falcon Air Express, Inc. Thomas Sowers

9500 N.W. 41st S treet Miami, FL 33178 Aviation Safety Inspector

- Op erations

(305) 592

- 5672 Federal Aviation Administratio n

Miami International Field Offic e

Frederick W. Smith, Chairman & CEO 8600 NW 36 th Street

Federal Express Corporation Miami , Fl 33166

2005 Corporate Avenue Thomas.sowers@faa.gov

Third Floor

Memphis, TN 38132 Thomas Roper

(901) 395

- 3367 Aviation Safety Inspector

- Air worthiness

Federal Aviation Admini stration

D. Ross Fischer, President & CEO Miami I nternational Field Offic e

Miami Air International, Inc. Box 660880 8600 NW 36 th Street

Miami, FL 33266 Miami, Fl 33166

(305) 876

- 3600 thomas.roper@faa.gov

David Fink, President

Pan American Airw ays Corp

14 Aviation Avenue

Pease International Tradeport

Portsmouth, NH 03801

(603) 766

- 2000