### December 11, 2013 Attorney for interCaribbean Airways, Ltd., fIkIa Air Turks & Caicos (2003) Ltd. Pierre Murphy Law Offices of Pierre Murphy 1200 New Hampshire Avenue, NW Suite 800 Washington, DC 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Lyndon R. Gardiner Chairman interCaribbean Airways, Ltd., fIkIa Air Turks & Caicos (2003) Ltd. One InterIsland Aviation Way Providenciales Turks & Caicos Islands British West Indies Communications with respect to this document should be sent to: 

## AMENDMENT #3 TO EXEMPTION OF AIR TURKS & 

## CAICOS (2003) LTD. -

NOTICE OF CORPORATE NAME CHANGE Docket No. OST-04-19171 ) Application of: ) ) AIR TURKS & CAICOS (2003) LTD., ) d/b/a Air Turks & Caicos ) 

## ) For an Exemption to Engage in Scheduled ) Air Transportation of Persons, Property ) and Mail Pursuant to 49 U.S.C. §40109 ) (U.S.-Turks & Caicos) ) BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

## Resolution. Copies of Applicant's re-issued homeland license is also attached at Tab 2.

Attached at Tab 1 please find copies ofinterCaribbean's Certificate of Name Change and Special Resolution changing its name to: INTERCARIBBEAN AIRWAYS, LTD. ("interCaribbean"). "Applicant") wishes to notify the Department of the Applicant's November 20,2013 Special By this Amendment #3, Air Turks & Caicos (2003) Ltd. ("Air Turks & Caicos" or AMENDMENT #3 TO EXEMPTION OF AIR TURKS & CAICOS (2003) LTD. -

NOTICE OF CORPORATE NAME CHANGE Docket No. OST-04-19171 ) 

## Application of: ) ) 

## AIR TURKS & CAICOS (2003) LTD., ) d/b/a Air Turks & 

## Caicos ) ) For an Exemption to Engage in Scheduled ) Air Transportation of Persons, Property ) and Mail Pursuant to 49 U.S.C. §40109 ) (U.S.-Turks & 

## Caicos) ) BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

## 3 Attorney for interCaribbean Airways, Ltd., fIkIa Air Turks & 

## Caicos (2003) Ltd.

terre Murphy pshire Avenue, NW December 11, 2013 "interCaribbean". A copy of Applicant's Form 4523 Part 215 filing is attached hereto at Tab 3. In addition, Applicant seeks authorization, to the extent necessary, to use the trade name AMENDMENT #3 TO EXEMPTION OF AIR TURKS & 

## CAICOS (2003) LTD.

# TAB!

## INTERCARIBBEAN AIRWAYS, LTD.

## Corporate Seal Lyndon Roosevelt Gardiner Director/Company Secretary

RECORDEDIN TilE lURKS & GA OS

ISLANDS COMPANIESnmlSTnV '

.. 

## -
_,'

-.- 

## Certified, Sealed and delivered by me at Providenciales this 

# is". day of November 2013 IT WAS FURTHERRESOLVED,that copies of this Special Resolution be filed with the Registrar of Companies forthwith and the name change be published in the Gazette in accordance with the Requirements of the Companies Ordinance. THAT the name of the Company be changed to "INTERCARIBBEAN AIRWAYS, LTD." 

## with immediate effect. IT WAS RESOLVED,pursuant to Section 30 of The Companies ordinance 1981 (as amended), that the following RESOLUTIONbe adopted and passed as a Special Resolution:- I, LYNDON ROOSEVELT GARDINER, 

## being the Sole Member of the Company, at an Extra-Ordinary meeting held on 

# is". November 2013, do HEREBYResolve, Declare and Confirm as follows:-



# SPECIAL RESOLUTION OF THE SOLE MEMBER A/R TURKS AND CA/COS (2003) LTD. Company Number: 5770

# TAB 2

### Are,CAAII'C£Q)41.4 .... lof2 ......... AMys,LlD.Dec2013 

## December 3, 2013 Dateo'ilne: 

# ~:iinc::sv~~

M.·.... Diredor CIvilAYiatioB A..tIaority Telepho.e: 6499464181 Fax: 649 946 4040 EJUiI: Civil Aviation Authority



## This certificate certifies that INTERCARIBBEAN, LTD isauthorized to

## perform Commercial Air T

. 

# 9Perations, as defined inthe attached operations specifications, inaccordance

ual and Air Navigation (OT) Order 2007. Turks and Caicos Islands

AOCt: Opentor NUl." Add.... :


# ~--------------~ CAAlfCVOO4/4 

## Operations Manual GenlBasic, Chapter 1, 1.2 Opentioaal PoiD. of eo.tact: AIR OPERATOR'S CERTDlCATE (approval selledale for airopenton)

July 

## 31,2014

### AOC'CAAIItIIlJOfI4 

### ,..2ot2 ......... Airways, 

### LID. Dec

### 1013 

## N Othen nil nil N M..... N.... tiOII Perfenlaace CAMS 145 Repair 

## Station nil N Navlptiola SpedfIeadoaa 

## for PBN O ...



# .......

# - Mula.. DIY..... 

# n.e: nil



# .... N ETOPS NJA 

## N RVSM N/A RVR: .. ft DB: 

## N 

## Low Vilihility 

## opentioas Appneda ... 

### 1........ Ta.... 

# « nil CAT: 

## Within TCI Only y Daqero.. Goods Re..... 

## No Yes Speciftc Approvals SpedaI A.tIaorizatio .. :



# • RVR: 

### SpeeIaIIJwltatioDl: 

## N/A Ana .fOpentio.: Turka .... CaieeI, Baham." Cuba, Cayman, 

## Caribbean, Dominican Republic, Haiti, Jamaica, United States 

## andUDited States Territories. 1'ypeI olepentloa: C_.aerdal AIr Tnuport (CAT) ....... n;X 

### Carp;X 0tIaer:

Co....... opentlou otIaer .... 

### CAT: No.CHlaaerdal_.... tiou :- I': Caqo; 

### 0tIter: 

## BN2A ..27; DHC 6-300; BE-200; EMB-120; CE 401; BE-99...... ~/and.~ 

## Airenft Model: 

## AOC##: CAAlfCIIOO4/4 Openton NallC 

### Date: _. .JIL ~ ~ ~ 

### INTERCARIBBEAN 

## December 3 ,2013 

# liT~ ~).~
AlRWAY8,LTD ~ ~~~ 

## TeIepIaoae: (649) 946-213711597 

# I Fas 

# IE.aD:
(649) 946-160712441 ..--.. i\v&y.fc 

### ~na "-.:-cur """ 

### - • AlItIaority Coac.et 

### Detelh OPERATIONS SPECIFICATIONS (•• bjeettotileapproved eolldltio_ 

### batile Ope...... Maul)

# TAB 3

## cc: Lyndon Gardiner (InterCaribbean) (via email)ierre urphy Attorney for InterCaribbean Airways, Ltd. Should you have any question or comment, please do not hesitate to contact me. On behalf of InterCaribbean Airways, Ltd., d/b/a InterCaribbean ("InterCaribbean") we respectfully submit the attached three copies of the executed OST Form 4523. Dear Ms. Hairston: Re: InterCaribbean Airways, Ltd.

Warsaw Convention Waiver; Docket OST-95-236 Attn: Barbara Hairston Dockets Facility U.S. Department of Transportation 1200New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 

## VIA ELECTRONIC SUBMISSION November 26, 2013 EMAIL: PMURPHY@LOPMURPHY.COM TELEPHONE: (202) 776-3980 TELECOPIER:(202) 776-3975 SUITE BOO 1200 NEW HAMPSHIREAVENUE. N.W. WASHINGTON. D.C. 20036-6802 

## PIERRE MURPHY

LAWOFFICESTurks &: Caicos Islands British West Indies (Printed Name and iltle) 

# ~i'llif~!'fm~

(Name and Address of Carrier) ~dlb~Ia,",I~nlolllterC~ar-,uibplb~~~--;;-;-- _ One Inter"Tsrand Aviation Way Proyjdmci.1es OST Fonn 4123 (Fonn.rty CAB Form 213) *Either allematlvemaybeused

.

Passengers on a journey invotving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of 8treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely YAthinthe countly of origin or destination. For such passengers on ajoumey to, 

### from, or with an agreed stopping place in the United States of America. the Convention and special contracts of carnage embodied in applicable tariffs provide that the liability of [certain ]* [(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is limited in most cues to proven damages not to exceed US $75,000 per passenger. and

### thatthis liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not 

### to, from, or having an agreed stopping place in 1he United Stat.. of America, liability of the carrier for death or personal injury to passengers is limited in most cases to appro)dmately US $10,000 or US $20.000. The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance Is not affected by any limitation of the carrier's liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airline or insurance company representative.· 3. [This Agreement was filed with the Civil Aeronautics Board of the United States

. The Board approved it by Order E-23680. adopted May 13, 1986

. The Agreement (Agreement 189(0) became effective May 16,1966. On January 1

.1985, this Agreement became the responsibility of the Department of Transportation (~OT) byoperation of law·1 4. This Agreement may be signed in any number of counterparts, all of which ahall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing itwith DOT

. 5. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12 and the other Carriers parties to the Agreement. The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 1. Each of the Carriers shall, effective May 16. 1966. include the follov.;ng In its conditions of carriage, including tariffs embodying conditions ofcarriage filed by itv.1th any government:

"The Carner shall avail itself of the limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th. 1929. or provided in the said Convention as amended by the Protocol signed 

### atThe Hague September 28th, 1955. However, in accordance \\flh Article 22(1) of said Convention, or said Convention as amended by said Protocol, the Carrier agrees that. as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, \\tIich, according to the contrad of Carriage, includes a point in the United States of America as a point of origin, point of destination, or agreed stopping place (1) The limit of liability for each passenger for death. wounding. or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and cos1s, except that, in case of a claim brought in a State \\tIere provision is made for separate 8Yt8rd of legal fees and 

### costs.the limit shall be the sum of US $58,000 e)GCIusiveof legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out of the death, wounding. or other bodily injury of a passenger. avail itself of any defense under Article 20(1) of said Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities of the Carrier v.Mh regard to any claim brought by, on behalf of, or in respect of any person who has 'Nillfully caused damage which resulted in death

. wounding, or other bodHy injury of a passenger.- 2. Each camer shall, at the time of delivery of the ticket, furnish to each passenger whose transportation is governed bythe Convention. or the Convention as amended bythe Hague Protocol. and bythe special contract described in paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modem type and In Ink contrasting Mh the stock on (i) each ticket; (ii) a piece of paper either placed In the ticket envelope with the ticket or attached to the ticket; or (iii) on the ticket envelope: "ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY 

### AGREEMENT 

## u.s. Departmentof Transportation Office of the Secretary of Transportation Docket OST 95-231 

# •Turks &. Caicos Islands British West Indies (Printed Name and Title) ~ltii2HYI~i¥.:M:I~lIlta:W!l~~f¥.'l1&!!':,t:!~!Ii!!h... ~iIfi!P~II.!.--.------ (NameandAddressof Carrier) ~dIb~/aJ....... n,UltcrCJ&iI"_ar':AIibllf-l_u.c-Y---;....- _ 

### onelliter1Si8nd AV18tion Way ProYidcnciales OSTForm 4123 (Formerty CAS Fo"" 213) tice of withdrawal to DOT
(Signature and Date) .,._.::ra"".;K.-_......

### _1_1_1_2_5/_2_O_1_3 __ *Either alternative rTIIY be used.

Passengers 

### on ajourney involving an ultimate destination or a stop in a country other 

### than the country of origin are advised that the provisions ofa treaty known 

### as the Warsaw Convention may be applicable to the entire joumey, including any portion entirely within the country of origin or destination. For such passengers on a joumey to, from, or with an agreed stopping place in the United States of America. the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain ]* (name ofcarrier) and certain other) carriers parties to such special contracts for death of or personal injury to passengers is limited in moat cases to proven damages not to exceed US $75.000 per passenger, andthat this liability up to such limit shall not depend on negligence 

### on the part of the carrier. For such passengers traveling by a carrier not a party to such spedal contracts or on a journey not to, from, or having an agI88d stopping place in the United States of America, liability of the carrier for death or personal injury to pauengers is limited in most cases to approximately US 510,000 or US $20,000. The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such iMurance is not affected by any limitation of the carrier's liability under the Warsaw Convention or such Special contracts of carriage. For further information please consult your airline or insurance company representative. II 3. [This Agreement was filed v.flh the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680, adopted May 13, 1986. The Agreement (Agreement 189(0) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility of the Department of Transportation (DOl) by operation of law.] 4. This Agreement may be signed in any number of counterparts, all of v.41ich shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing itwith DOT. 5. Any Carrier party hereto may \\flhdraw from this Agreement by giving twelve (12 and the other Carriers p&fties 

### to the Agreement. The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows:
1. Each oftha Carriers shall, effective May 16. 1966, include the following In its conditions of carriage, including tariffs embodying conditions of carriage filed by it\Mth any government:

"The Carrier shall avail itself of the limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention 

### asamended by the Protocolaigned 

### atThe Hague September 28th. 1955. However. in accordance with Article 22(1) of said Convention, or said Convention 

### as amended by said Protocol, the Carrier agrees that. 

### asto all international transportation by the Carrier as defined 

### in the said Convention or said Convention as amended by said Protocol, which, according to the contract of Carriage, includes 

### a point in the United States of America as a point of origin, point of destination. or agreed stopping place (1) The limit of liability for each passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and coats, except that, in case of a claim brought in a State where provision is made for separate av.ard of legal fees and costs, the limit shall be the sum of US $58,000 emusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out of the death. \Wunding, or other bodily injury of a paasenger, avail itself of any defense under Mide 20(1) of said Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities of the Carrier tMth regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted in death, YtOUnding,or other bodily injury of a passenger.-
2

. Each Carrier Shall, 

### atthe time of delivery of theticket, fumish to each passenger ¥Alose transportation isgoverned by the Convention, or the Convention as amended by the Hague ProtOCOl, and by the special contrad described in paragraph 1,the following notice, \\t1ich shall be printed in type at least as large as 10 point modem type and in ink contrasting with the stock on (i) each ticket; (Ii) a piece of paper either placed in the ticket envelope YAth the ticket or attached to the ticket; or (iii) on the ticket envelope: -ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY 

### AGREEMENT 

# u.s. Department 

### of Transportation Office of the Secretary of Transportation Docket OST 95-231 

# •Turks & Caicos Islands British West Indies OSTFonn 4123 (Fomterty CAS Fonn 213) (Printed Name and Title) 

# lttte~dADJ&a!'fm~

(Name and Address of Carrier) ,",dIb!U"-llal!-MlnM.1terCf&:'K_an~·b'f-Wb~~..,_--:-:-:-- _ One InterIslandAviation Way Proyjdmci,Jes *Eitherdernative maybe tiled. tice of withdrawal to DOT
(Signature and Date) 

### ~=-¥_-....._--1-1/-2-5-/-2-0-1-3- Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provilions of a treaty known 88 the Warsaw Convention may be applicable to the entire joumey, including any portion entirely \Mthin the country of origin or destination. For such passengers on a journey to, from, or Ytflh an agreed stopping place in the United States of America. the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain 

### I· [(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is limited in 

### moat cases 

### to proven damages not to exceed US $75,000 per passenger. and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such panengers traveling by a carrier not a party to such special contracts or on a joumey 

### not to. 

### from. or having an agreed stopping place in the United States of Ametica, liability of the carrier for death or personal injury to passengers is limited in most cases to approldmately US $10,000 or US $20,000. The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be examined on request.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airtine or insurance company representative

. II 3. [This Agreement was filed Ytflh the Civil Aeronautics Board of the United States

. The Board approved it by Order E-23680, adopted May 13. 1986. The Agreement (Agreement 189(0) beaIme effective May 16, 1966

. On January 1, 1985, this Agreement became the responsibility of the Department of Transportation (DOT) by operation of law.] 4. This Agreement may be signed in any number of counterparts, all of which shan constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing itwith DOT

. 5. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12 and the other Camers parties to the Agreement. The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree 

### as follows; 1. Each of the Carriers shall, effective May 16, 1966. include the following In Its conditions of carriage, including tariffs embodying conditions of carriage filed by itYAth any government:

"The Carrier shall avail itsetf of the limitation of liability provided in the Convention for the Unification of Certain Rules Relating to Intemational Carriage by Air signed 

### atWarsaw October 12th. 1929. or provided in the said Convention 88 amended by the Protocol signed at The Hague September 28th. 1955. However, in accordance with Article 22(1) of said Convention, or said Convention as amended by said Protocol. the Carrier agrees that. as to all intemational transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol. v.1'lich,according to the contract of Carriage. includes a point in the United States of America as a point of origin. point of destination. or agreed stopping place (1) The limit of liability for each passenger for death. wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs. except that, in case of a claim brought in a State where provision is made for separate award of legal fees and costs. the limit shall be the sum of US $58,000 exclusive of legal fees and costs

. (2) The Carrier shall not, \Mth respect to any claim arising out of the death, wounding, or other bodily injury of. paesenger, avail itself of any defense under Mide 20(1) of said Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities of the Carrier 'lAth regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted In death, wounding, 

### orother bodily injury of a paaenger.· 2

. Each carrier Shall, at the time of delIVery of the ticket. furnish to each passenger 't\f\ose transportation is governed by the Convention, or the Convention as amended by the Hague Protocol. and by the special contract described in paragraph 1.the following notice. which shall be printed in type 

### at leaat as large as 10 point modem type and in ink contrasting with the stock on (i) each ticket; (Ii) a piece of paper either placed In the ticket envelope Wth the ticket or attached to the ticket; or (iii) on the ticket envelope: -ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY



# AGREEMENT U.s. Departmentof Transportation Office of the Secretary of Transportation Docket OST 15-231

### 11126/2013

httn·//www

.reoulations.cov/ 

## Email Address: pmurphy@lop murphy.com



## Phone Number: 202-776-3980 

## First Name: City: Pierre Washington 

## Last Name: Country: Murphy United States 

## Mailing State or Address: Province: Law Offices of DC Pierre Murphy This information will 

### not appear on Regulations.gov: This information will appear on Regulations.gov: 

## Uploaded File(s) (Optional) 

### • Warsaw Filing.pdf: 

## success Comment: InterCaribbean Airways, Ltd., d/b/a InterCaribbean Warsaw Convention Waiver j

. 

### Your comment: 

### Your comment will be viewable on Regulations.gov after the agency has reviewed it, which may be an indefinite amount of time. Useyour tracking number tofind out the status of your comment. 

## Your Comment Tracking Number: 1Jx-88yi-zr2t 

# L3 I Your Receipt The Department of Transportation (DOT) Other: Counterpart to Warsaw Agreement Nols
, 1 thru 11) For related information, Open Docket Folder @ 

# Your comment was submitted successfully! YourVoicein Federal Declslon

·M.klnl 

# I L' 

## ~+ 

# regu onons.gov Page 1 of2 Regulations.gov - Your Receipt11 

# '''£/',\(\1.., 

## Fax Number: 202-776-3975 

## ZIP/Postal Code: 20036 

## Page 2 of2

httm/zwww.reoulations ocw!



## Mailing Address 2: 1200 New Hampshire Avenue, NW, Suite 800 Regulations.gov - Your Receipt

### Billie Jolly POI Federal Aviation Administration Miami International Field Office 2895 SW 145 Avenue, Suite 221 Miramar, FL 33027 Howard Kass US AIRWAYS 2345 Crystal Drive Alexandria, VA 22227 howard _kass@usairways.com Dan Weiss Stephen Morrissey CONTINENT ALIUNITED Dept. HQSGV P.O. Box 4607 Houston, TX 77210-4607 dan. weiss@united.com steve.morrissey@united.com Joanne Young SPIRIT 1001 Pennsylvania Avenue, N.W. Suite 600 South Washington, D.C. 20004 jyoung@yklaw.com John Richardson Joan Canny AMERIJET INTERNATIONAL John 

## L. Richardson, PLLC 555 13th Street, N.W. # 420W Washington, D.C. 20004 jrichardson@johnlrichardson.com jcanny@amerijet.com Alexander Vander Bellen Sametta Barnett DELTA AIR LINES 1275 K Street, N.W. Washington, D.C. 20005 sascha. vanderbellen@delta.com sametta.c.barnett@delta.com Robert Wirick Francis Heil AMERICAN AIRLINES PO Box 619619, MD 5635 DFW Airport, TX 75261 robert. wirick@aa.com francis.heil@aa.com I hereby certify that I have, on December 11,2013, served via email the foregoing Amendment of interCaribbean on the following persons: CERTIFICATE OF SERVICE