1

Shaun Christian

From: Timothy H. Bellas [tim@bellaslaw.net]

Sent: Tuesday, September 27, 2011 10:46 AM

To: Catherine.O'toole@dot.gov

Cc: rfchristian@gmail.com; schristian@starmarianasair.com; plchrisitian@gmail.com

Subject: Response to Letter from Ms. Remo, Docket DOT-OST-2010-0235.

Attachments: 09.26.11 THB response ltr to DOT. signed..pdf

Dear Ms. O’Toole:

Attached please find a response letter to Ms. Remo’s September 16, 2011 letter.

Thank you.

Timothy H. Bellas

Law Offices of Timothy H. Bellas, LLC

P.O. Box 502845

Saipan, MP 96950

Tel. 670 323 2115;  Fax: 670 323 2116

Local Time GMT+ 10

tim@bellaslaw.net
Law Offices of 


d Yc
 f B LLC 
 -

A LIMITED LEABILIW COMPANY 

Cadus & Botones St., Garapan Telephone No. (670) 323-2115 

P.O. Box 502845 Fats~rnileNo. (670)33-21 16 

Saipan, MP %950 Email: tim@belEaslaw.net 

September 26,20 1 1 

Ms.Lauralyn J. Remo 

Chief, Air Carrier Fitness Division 

Officeof Aviation Analysis 

Department of Transportation 

Washington D.C. 

Re: 	 Response to Letter of September 16,201 1 Remding Star Marianas Air, Fnc.. Docket 

DOT-OST-2010-0235. 

Dear Ms. Remo: 

I have represented Star Marianas, Air Tnc. ("SMA"")several times over the course of their 

inception, as outside counsel, SMA's President, Shaun R. Christian has asked me to respond to 

your letter, in the hopes of clarifying and resolving any issues which may have arisen due to any 

prior miscommunications. 

A review of your above referenced letter seems to suggest that your division has concerns re 

SMA's status as a legitimate air cher because of its relationship with Tinian Dynasty Hotel and 

Casino, Inc. ("Dynasty"), While there is no control of SMA exercised by non U.S. Citizens or 

entities such as the Dynasty, there is an obvious business relationship between the two entities. 

While SMA desires to expand the air service options available to the local resident population of 

the island of Tinian, currently the bulk of its operations are centered on its air taxi service. As 

should not be difficult to understand the members of the local community,(which consists of 

2,500 to 3,999 persons') generally, do not have the resavrces or the need to charter an aircraft. 

The Dynasty, on the other hand, operates a hotel and casino on Tinian and its customers arrive 

on Saipan and need to be transported to Tinian at various times of each day. 

Although, SMA's operations do cater to the needs of the Dynasty%arriving guests, this is simply 

the reality of doing business with a single major client and not because Dynasty dictates the 

management or has any operationa1 control over SMA. The need for ferrying passengers is 

dictated in large part by their arrival times on other carriers to the Saipan International Airport. 

In reviewing the business relationship between SMA and Dynasty, 1 note that there has been 

some infomality in the formation of the air charter agreement between the two entities. Their 

agreement is only memorialized via an ernail between the two entities. 

U.S. Census Bureau, 2010 census figure. 1 
DOTRespo~is~Letter 

September 26,201 I 

Page 2 of 3 

This is not unusual in this region of the United States for various reasons. 

However, in view of your concerns and in my opinion in order for SW to have a more legally 

enforceable contract, I have suggested to my client that the terms of the air charter agreement 

between SMA and Dynasty should be memorialized in a written contract. This wiIl be drafted 

shortly by me and executed by the respective parties. Upon the execution of the contract, SMA 

will provide you with an executed copy for your records. While drafting this type of agreement is 

not something that I do on a regular basis, I will ensure that provisions are contained in the 

contract which at a minimum: 

a. insulate both parties from the business activities of the other; 

b, define that SMA is an independent contractor of Dynasty; 

c. state that Dynasty has no financial interest or control of SMA operations. 

AIso as an act of good faith, Mr. Christian. has executed a modified attestationto this letter, 

verifying that the information which he has provided to me and which is contained in this letter 

is all true and correct. 

Please understand that currently every business inthe CNMT, no mattes its size, is ofcritical 

importance in these fragile economic times. Therefore, shutting down, a business of SMA's size, 

would have a substantial direct and ripple effect impact on the Tinian as well as the Saipan 

economies. Therefore, we look forward to working with you in addressing all of your concerns 

and resolving this matter at this level to avoid such a drastic result. If 1have missed something in 

my review of this matter. which you believe still needs to be addressed, please let me know. 

Sincerely, 

7-fl 


Timothy H. Be1 as 

cc: Client 

File 
DOT Response I;eIter 

September 26,201 1 

Page 3 of 3 

ATTESTATION 

The contents of this letter are true and correct to the best of my knowledge and belief. Pursuant 

to Title 18 United States Code Section 1001, I Shaun Chstian, President of Star Marianas Air, 

Lnc., inmy individual capacity and as the authorized representative of SMA, verify that I have 

not in any manner knowingly and willfully provided any falsified,fictitious, or fraudulent 

statement or knowingly used any documents which contain such statements in connection with 

the preparation, of this letter. 1understand that an individual who is found to have violated the 

provisions of the I 8 U.S.C. Section 1001 shaIl be fined or imprisoned for not more than five 

years, m both. 

Dated : September 26,20 11 

Sbaun Christian?~residentStar Marianas Air, Inc.