BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Communication with respect to this application may be served upon:

Kevin M. McMaster

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

T: (316) 263-5851

F: (316) 263-4677

Counsel for Southern Air Charter Co., LTD

NOTICE: Any person may support or oppose this application by filing an answer 

and serving a copy of the answer on counsel of Southern Air Charter Co., 

LTD and upon person served with this application no later than, May 19, 

2011.

DATED: May 4, 2011
2

BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHERN AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

APPLICATION OF SOUTHERN AIR CHARTER CO., LTD

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. §40109(c) Southern Air Charter Co. Ltd, respectfully 

request renewal of the above-captioned exemption form 49 U.S.C. §41301, granted by 

the NOTICE OF ACTION TAKEN dated May 17, 2010 and renewal by the NOTICE 

OF ACTION TAKEN dated April 14, 2011, for an additional one-year period. The 

notice permits Southern Air Charter Co., LTD to engage in charter air transportation of 

persons, property and mail between the Bahamas and United States of America and other 

charters subject to Part 212 of the Department’s rules, using small aircraft. By the filing 

of this application Southern Air intends to invoke the automatic extension provisions of 5 

U.S.C. § 558(c) and Part 377 of the Department’s Special Regulations.

In support of its request for renewal of the exemption application, Southern Air 

Charter Co., Ltd states the following:

1. Southern Air Charter Co., Ltd remains a company organized and existing 

under the laws of the Bahamas. Its main office continues to be located at the Nassau 

International Airport, P.O Box N-9812, Nassau, Bahamas. 
3

2. The owner and operation of Southern Air Charter Co., Ltd has not 

changed since the application was filed on February 1, 2010.

3. Southern Air Charter Co., Ltd continues to provide air transportation 

services pursuant to an Air Operator Certificate issued by the Commonwealth of the 

Bahamas. It remains licensed by the Bahamian Department of Civil Aviation and 

governed by the principals of reciprocity as set forth in the next paragraph. A copy of the 

certificate will be submitted separately.

3. No financial assistance has been received or is expected from the 

applicant’s government.

4. The requested authority and exemption is consistent with the U.S. –

Bahamas authority granted with the 1946 Air Transport Agreement between the United 

States and the United Kingdom, to which the Government of the Bahamas acceded upon 

its independence, and with the overall state of aviation relations between the United 

States and the Bahamas.

5. There currently exists reciprocity with U.S. air carriers and no filing fee is 

being charged to U.S. air carriers for comparable operating authority. The homeland 

government grants Fifth Freedom traffic rights to U.S. carriers.

6. Southern Air Charter Co., Ltd has not been involved in any safety 

violations or tariff violations or fatal accidents in the past five years.

7. The applicant has aircraft liability insurance meeting the minimum 

Department requirements and waiver of Warsaw liability limits. A Certificate of 

Insurance will be submitted separately.
4

8. Financial Statements for the last two years of Southern Air Charter Co., 

Ltd will be submitted separately.

9. The documents identified in paragraphs 2, 7, and 8 are available for 

production. The applicant objects, pursuant to 14 CFR §302.12 to the public disclosure 

and requests that the production of said documents be treated as “CONFIDENTIAL.”

10. Under 49 U.S.C. § 40109(c), the Department may grant an exemption if it 

finds that such grant is consistent with the public interest. In issuing the NOTICE OF 

ACTION TAKEN dated May 17, 2010 and renewal by the NOTICE OF ACTION 

TAKEN dated April 14, 2011, to Southern Air, the Department of Transportation 

recognized that the licensing of Southern Air by its homeland government to operate as a 

charter air carrier is sufficient under the U.S.-Bahamas aviation relationship to justify 

exemption authority. The same findings remain warranted today and the public interest is 

clearly served by maintaining a variety of competitive air service options between the 

United States and the Bahamas.

WHEREFORE, Southern Air Charter Co., Ltd., respectfully requests that the 

Department of Transportation renew the above-captioned exemption for one additional 

year. The requested renewal would be for the time period of one year. In the alternative, 

Southern Air Charter Co., Ltd. would request that this renewal be for a period of two 

years.

Respectfully submitted,

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

(316) 263-5851

(316) 263-4677 fax
5

By: ___s/ Kevin M. McMaster__________

 

Counsel for Southern Air Charter Co., LTD

CERTIFICATE OF SERVICE

I hereby certify that on this _4th_ day of May, 2012 a true and accurate copy of 

the above and forgoing was served upon those required by 14 CFR §302.203(b)(2)(ii) by 

depositing same in the United States Mail, postage prepaid to:

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

and electronic transmission to:

Mr. Thomas A. Gillies tgillies@southernair.com

Southern Air, Inc

___s/ Kevin M. McMaster__________