BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

EXEC DIRECT AVIATION SERVICES LTD. 

) 

) 

) 

) 

for exemption authority pursuant to 

49 u.s.c. § 40109 and for a 

foreign air carrier permit pursuant to 

49 U.S.c. § 41301 

)Docket No. OST-2011-0088 

) 

) 

) 

) 

) 

REPL Y OF EXEC DIRECT AVIATION SERVICES LTD. 

TO AMERIJET INTERNATIONAL ANSWER TO THE APPLICATION 

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

DATED: May 24, 2011 

:NOI341nl: 

Communications with respect to the 

above should be addressed to: 

Evelyn D. Sahr 

.James G. Ehrig 

Counsel for 

Exec Direct Aviation Services Ltd. 

ECKERT SEAMANS 

CHERIN & MELLOTT, LLC 

1717 Pennsylvania Ave., 

Twelfth Floor 

Washington, D.C. 20006 

Tel: (202) 659-6600 

Fax: (202) 659-6699 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C 

Application of 

EXEC DIRECT AVIATION SERVICES LTD. 

for exemption authority pursuant to 

49 U.S.C § 40109 and for a 

foreign air carrier permit pursuant to 

49 U.S.C § 41301 

) 

) 

) 

) 

)Docket No. OST-2011-0088 

) 

) 

) 

) 

--------------------------------~) 

REPLY OF EXEC DIRECT AVIATION SERVICES LTD. 

TO AMERIJET INTERNATIONAL ANSWER TO THE APPLICATION 

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Exec Direct Aviation Services Ltd. C'Exec Direct"). a carrier of Jamaica, pursuant 

to the Department's Rules of Practice 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~)' (d E'(ec Direct 

Page 3 (~l6 

Jamaica. In point of fact, Amerijet's allegations regarding lack of comity 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 of the 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 of Exec 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 olExec Direct 

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 of a 24 foot long truck. In stark comparison, 

Amerijet's 727-200F transports approximately 6,564 cubic feet or 45,948 lbs of cargo on 

each trip which is roughly the size of three 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 of express 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 of reciprocity 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 of comity and reciprocity would 

dictate that the Department grant Exec Direct's request as currently US carriers have a 

near monopoly 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'rec Direct 

Page 6 l?l6 

WHEREFORE, Exec Direct respectfully requests that it be granted an exemption 

and foreign air carrier permit to engage in charter foreign air transportation of property 

and mail as more fully described in the instant application. Exec Direct further requests 

such relief as the Department may 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. 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing was served by electronic mail this 

24th day of May, 2011 on the following: 

TO COMPANY E-MAILIADDRESS 

Krishna Urs U.S. DEPARTMENT OF STATE urskr@state.gov 

John Allen FEDERAL AVIATION ADMIN. john.aUen@faa.gov 

Carl Nelson AMERICAN carl.nelson@aa.com 

John L. Richardson JOHN L. RICHARDSON, PLLC jrichardson@johnlrichardson.com 

(AMERIJET INTERNATIONAL) 

Stephen Lachter ASTAR AIR CARGO slachter@lachter-clements.com 

Sascha Van dell' Bellen DELTA AIR LINES sascha. vanderbeHen@delta.com 

Jeff Morgan jeff.morgan<mdelta.com 

Dan Weiss UNITED /CONTINENTAL Dan. Weiss@coair.com 

Nancy Sparks FEDERAL EXPRESS nssparks@fedex.com 

Howard Kass US AIRWAYS howard kass@usairways.com 

Anita Mosner HOLLAND & KNIGHT anita.mosner@hklaw.com 

(UNITED PARCEL SERVICE) 

Paul Rossick