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 SERVICES 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 government 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 grant is consistent with the public interest. In issuing the Notice, the 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, 

Notice 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,