BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APPLICATION OF: ) ) SOUTHER N AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027 ) FOR EXEMPTION PURSUANT TO ) 49 U.S.C. §40109(c) ) ____________________________________)

APPLICATION OF SOUTHER N 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 th e answer on counsel of Southern Air Charter Co., LTD and upon per son served with this application no later than, May 19
, 201 1

.
DATED: May 4 , 201 12 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APPLICATION OF: ) ) SOUTHER N AIR CHARTER CO.., LTD ) Docket DOT – OST – 2010 – 0027 ) FOR EXEMP TION PURSUANT TO ) 49 U.S.C. §40109(c) ) ____________________________________)

APPLICATION OF SOUTHER N 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 a bove

- captioned exemption form 49 U.S.C. §41301, granted by
the NOTICE OF ACTION TAKEN dated May 17, 2010 and renew al by the NOTICE
OF ACTION TAKEN dated April 14, 2011 , for an additional one

- year period. The
notice permits Southern Air Charter Co., LTD t o 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 in tends to invoke t h e 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. Souther n Air Charter Co., Ltd remains a company organized and existing

under the laws of t he 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 Charte r Co., Ltd has not
changed since the application was filed on February 1, 2010.

3

. Southern Air Charter Co., Ltd continues to provid e air transportation
services pursuant to an Air Operator Certificate issued by the Commonwealth of the

Bahamas. It remains licens ed 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 b e 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 “ CONFID ENTIAL. ”

10

. Under 49 U.S.C. § 40109(c), the Department m a y 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 Apri l 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.

- Bahama s aviation relationship to justify
exemption autho rity. 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 request s that the
Department of Transportation renew the above

- captioned exemption for one additional
year. Th e requested renewal would be for the time period of one year

. In the alternative,

Southern Air Charter Co., Ltd. w ould 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 fax5 By :

___ s/ Kevin M. McMaster

__________ Counsel for Southern Air Ch arter Co., LTD

CERTIFICATE OF SERVICE
I hereby certify that on this _ 4 th _ day of May , 201 2 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, post age 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. Mc Master

__________