### BEFORETHE DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C.
Application of EXEC DIRECTAVIATION SERVICES LTD. ) ) ) ) 

### for exemption authority pursuantto 49 u.s.c. 

### § 40109 and for a foreign aircarrierpermitpursuantto 49 U.S.c. 

### §41301 )DocketNo. OST-2011-0088 ) ) ) ) )


### REPLY OFEXEC DIRECTAVIATION SERVICES LTD. TO AMERIJET INTERNATIONAL ANSWERTOTHE APPLICATION FORA FOREIGN AIR CARRIER PERMITAND EXEMPTION AUTHORITY

DATED: May 24, 2011

:NOI341nl: 

### Communicationswith respectto the above should be addressed to: Evelyn D. Sahr .James G. Ehrig Counsel for Exec DirectAviation Services Ltd. ECKERT SEAMANS CHERIN & 

### MELLOTT, LLC 1717 Pennsylvania Ave., Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6600 Fax: (202) 659-6699

### BEFORETHE DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C

Application of EXECDIRECTAVIATION SERVICES LTD. for exemption authority pursuantto 49 U.S.C 

### §40109 and for a foreign aircarrierpermitpursuantto 49 U.S.C 

### § 41301 ) ) ) ) 

### )DocketNo. OST-2011-0088 ) ) ) )

### --------------------------------~) REPLY OF EXEC DIRECTAVIATION SERVICES LTD. TO AMERIJETINTERNATIONAL ANSWERTOTHEAPPLICATION FORA FOREIGN AIR CARRIER PERMITAND EXEMPTION AUTHORITY Exec Direct Aviation Services Ltd. C'Exec Direct"). a carrier ofJamaica, pursuant to the Department's Rules ofPractice in Proceedings (14 C.F.R. Part 302), hereby files this timely Reply to Amerijet International's ("Amerijet") Answer filed on May 1 2011. The primary objection Amerijet raises is that this application is not supported by the principles of comity and reciprocity in that the Government of Jamaica would not grant a (J.S. carrier the same authority that Exec Direct is seeking in this application. This objection is entirely without merit. By Amerijefs own admission, Amerijet has operated scheduled all-cargo service between Jamaica and the U.S. for more than a dozen years and Amerijet's "operations in Jamaica are well established and have been successful." See Amerijet's Answer at 3. Amerijet further admits in its Answer that it has clearly benefitted from the comity and reciprocity granted by the Government of

iN0I34InJ:**Rep~)'** (dE'(ec Direct Page3**(~l6** Jamaica. In point offact, Amerijet's allegations regarding lack ofcomity and reciprocity
are patently false. Amerijet actually has no real issue with the Government of Jamaica. Rather, Amerijet claims that it has not been granted access to facilities at Manley International Airport ("KIN") or Sangster International Airport ("MBl") while Exec Direct will have
access to these airports. Yet, according to the most recent OAG Cargo Guide, Amerijet currently operates twice weekly service between Miami and Manley International Airport in Kingston. Clearly access to Kingston is not an issue. If Amerijet is having issues with accessing additional warehouse space at Jamaican local airports, that is not an international reciprocity issue. Rather it is quite similar to the issues any foreign carrier faces regularly in serving certain 

### tJ.S. airports. The fact that Amerijet has issues with its handling and warehouse contracts offers no legitimate basis for delaying grant of Exec Direct's application. Amerijet's principal
concern has nothing to do with existing conditions under the US-Jamaica bilateral agreernent. Nor is the Jamaican Government in breach ofthe agreement in practice, or
even in spirit, as Amerijet has not been denied any permit or authority to operate into Jamaica. Amerijet's objection is a blatant attempt to derail a small newcomer to the rather lucrative US-Jamaica air cargo market. The Department should not let these transparent attempts delay grant ofExec Direct's application. Exec Direct does not have cargo warehouse facilities at either airport. AJAS Ltd. will act as the ground handler for Exec Direct and provide the relatively limited warehouse space which Exec Direct will require. As stated in its application. Exec Direct

iNOIJ41771:Rep(v olExecDirect Page 4**(~l6** will operate one Saab 340 which can potentially transport 1,200 cubic feet or 7,800 lbs of cargo on each trip which is roughly the size ofa 24 foot long truck. In stark comparison, Amerijet's 727-200F transports approximately 6,564 cubic feet or 45,948 lbs ofcargo on each trip which is roughly the size ofthree 40 foot shipping containers. Exec Direct's Saab 340 can potentially operate five days a week between the US and Jamaica without moving the volume of cargo that Amerijet can easily move in a single trip. Obviously, Exec Direct's warehouse space requirements are nowhere near that required by Amerijet. In addition, due to the small size of the Saab 340 aircraft, Exec Direct will be forced to target mostly express package/cargo type markets versus general cargo markets serviced by Amerijet with their highly reliable twice weekly servIce. Typically the type ofexpress cargo targeted by Exec Direct will spend little time in bond at local cargo warehouse**f~lcilities.** It is absurd that Amerijet would use an argument based on lack ofreciprocity to prevent Exec Direct, Jamaica's first and only all-cargo operator from being able to compete in the US to Jamaica market, while Amerijet is well aware that many US based cargo carriers service the market already. 'rhe principles ofcomity and reciprocity would dictate that the Department grant Exec Direct's request as currently US carriers have a
nearmonopoly on all cargo service in the US-Jamaica market. Amerijet also points out that certain submissions were not part of the initial application and as to these submissions, Exec Direct had already been in contact with the Department regarding filing an amendment to supplement the application. Such amendments are common practice and allowed for pursuant to section 211.13 of the

iNOI3-llnlj**Rep~v** I</E>::ec Direct Page 5 0/6 Department's Rules. Amendment #1 to Exec Direct's application is being filed today. The Amendment contains curriculum vitae for all officers, directors and key management personnel and the Jamaican 

## Aoe and Operations Specifications for Exec Direct. Exec Direct will file Amendment #2 which will contain a statement as to Exec Direct's financial resources. Finally, Amerijet complains that the financial projections submitted with the application were filed subject to a Motion to Withhold Information from Public Disclosure. Exec Direct properly filed this motion to protect confidential business sensitive information from public disclosure pursuant to Rule 302.12. Further, the additional financial information which will be submitted with Amendment #2 to the application will also be filed with a Motion to Withhold Information from Public Disclosure. The Department will rule on these Motions as it deems fit and Exec Direct would not object to a representative from Amerijet viewing the documents in question subject to the Department's standard affidavit procedures as set out in DOT Orders pursuant to Rule 212 (d)(3).

(NOI34Inl:Rep(JI otE'recDirect Page 6 l?l6

WHEREFORE, Exec Direct respectfully requests that it be granted an exemption and foreign air carrierpermitto engage in charter foreign air transportation ofproperty and mail as more fully described in the instant application. Exec Direct further requests suchreliefas the Departmentmay deem appropriate.
Dated: May 24,2011

iN01341nl J Evelyn{
. Sari James 

### J. Ehng ECKERT SEAMANS CHERIN & MELLOTT. LLC 1717 Pennsylvania Ave., NW Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6600 Fax: (202) 659-6699 Counsel for Exec Direct Aviation Services Ltd.

### CERTIFICATEOFSERVICE Ihereby certifythata true and correctcopyofthe foregoingwas servedbyelectronicmail this 24thday ofMay, 2011 onthe following: TO COMPANY E-MAILIADDRESS KrishnaUrs U.S. DEPARTMENTOFSTATE urskr@state.gov JohnAllen FEDERALAVIATIONADMIN. john.aUen@faa.gov CarlNelson AMERICAN carl.nelson@aa.com JohnL. Richardson JOHN L.RICHARDSON, PLLC jrichardson@johnlrichardson.com (AMERIJETINTERNATIONAL) StephenLachter ASTARAIRCARGO slachter@lachter-clements.com SaschaVandell' Bellen DELTAAIRLINES sascha.vanderbeHen@delta.com JeffMorgan jeff.morgan<mdelta.com DanWeiss UNITED/CONTINENTAL Dan.Weiss@coair.com NancySparks FEDERALEXPRESS nssparks@fedex.com HowardKass US AIRWAYS howard kass@usairways.com AnitaMosner HOLLAND & KNIGHT anita.mosner@hklaw.com (UNITEDPARCELSERVICE)



### PaulRossick