## BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

MITCHELL ENTERPRISES LIMITED )

D/B/A REGIONAL AIR SERVICES ) DOCKET DOT

- OST -2008-0319

)

for an exemption from 49 U.S.C. § 41301 )

( Bahamas -Florida) )

__________________________________________)

APPLICATION OF MITCHELL ENTERPRISES LIMITED D/B/A

REGIONAL AIR SERVICES FOR AMENDMENT

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500

(202) 747-5212

(240) 396-5362 fax

john@mietuslaw.com

Counsel for MITCHELL ENTERPRISES

LIMITED D/B/A REGIONAL AIR SERVICES



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

and serving a copy of the answer on counsel for Regional Air Services and

upon persons served with this application no later than May 3, 2011.

April 18, 2011

## BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________ )

Application of )

)

MITCHELL ENTERPRISES LIMITED )

D/B/A REGIONAL AIR SERVICES ) DOCKET DOT

- OST -2008-0319

) April 18, 2011

for an exemption from 49 U.S.C. § 41301 )

(Bahamas -Florida) )

__________________________________________)

APPLICATION OF MITCHELL ENTERPRISES LIMITED D/B/A

REGIONAL AIR SER VICES FOR AMENDMENT

Pursuant to 49 U.S.C. § 40109(c), Mitchell Enterprises Limited d/b/a Regional

Air Services (“Regional Air”) respectfully requests that the Department amend the

above-captioned exemption authority, last granted by Notice of Action Taken dated

January 6, 2011 (the “Notice”), to permit Regional Air , using small aircraft, to engage in

scheduled foreign air transportation of persons, property, and mail between Nassau,

Freeport, Marsh Harbour, and Bimini, Bahamas, on the one hand, and Fort Lauderdale

and West Palm Beach, Florida, on the other. In support of this application, Regional Air

states as follows:

1. Regional Air is a Bahamian flag carrier that currently operates Bahamas -U.S.

charter service under the above-captioned authority

. The Bahamas Department of Civil

Aviation has issued Regional Air the attached, new certificate, dated September 1, 2010,

to engage in scheduled service between named Bahamian and U.S. points as well.

Regional Air understands that the Bahamian governmen t shortly will transmit to the

## - 2 - Regional Air

Application for Amendment

United States a diplomatic note or similar communication designating Regional Air to

operate Bahamas -U.S. scheduled service.

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

that such a gran t is consistent with the public interest. In issuing the Notice, t he Department

recognized that the licensing of Regional Air by its homeland government is sufficient under

the U.S.-Bahamas aviation relationship, which is governed by comity and reciprocity, to

justify exemption authority. The same findings remain warranted in the context of the

proposed, scheduled service, as the Department recently found in Sky Bahamas Airline

,

Not ice of Action Taken dated July 16, 2010 in Docket OST-2003-15552. Moreover, the

public interest is clearly served by maintaining a variety of competitive air service options

between Florida and the Bahamas.

WHEREFORE, Mitchell Enterprises Limited d/b/a Regional Air Services (“Regional

Air”) respectfully requests that the Department amend the above -captioned exemption 

## to

permit Regional Air, using small aircraft, to engage in scheduled foreign air

transportation of persons, property, and mail between Nassau, Freeport, Marsh Harbour,