BEFORE THE U.S. DEPARTMENT OF … THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY...

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BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of Helicopteros Dominicanos, S.A for a foreign air carrier permit pursuant to 49 U.S.C. § 41302 and exemption authority Pursuant to 49 U.S.C. § 40109 (U.S.-Dominican Republic) Docket DOT-OST-2012- APPLICATION OF HELICOPTEROS DOMINICANOS, S.A. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY Communications with respect to this document should be sent to: Thomas E. Stuckey Vice President, Business and Commercial Aviation JDA Aviation Technology Solutions Office: (301) 941-1460 ext. 210 Cell: (817) 733-6808 [email protected] U.S. Agent of Service January 30, 2012

Transcript of BEFORE THE U.S. DEPARTMENT OF … THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY...

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of Helicopteros Dominicanos, S.A for a foreign air carrier permit pursuant to 49 U.S.C. § 41302 and exemption authority Pursuant to 49 U.S.C. § 40109 (U.S.-Dominican Republic)

Docket DOT-OST-2012-

 

APPLICATION OF HELICOPTEROS DOMINICANOS, S.A. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be sent to:

Thomas E. Stuckey

Vice President, Business and Commercial Aviation

JDA Aviation Technology Solutions

Office: (301) 941-1460 ext. 210

Cell: (817) 733-6808

[email protected]

U.S. Agent of Service

January 30, 2012

                                 

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of Helicopteros Dominicanos, S.A for a foreign air carrier permit pursuant to 49 U.S.C. § 41302 and exemption authority Pursuant to 49 U.S.C. § 40109 (U.S.-Dominican Republic)

Docket DOT-OST-2012-

 

 

APPLICATION OF HELICOPTEROS DOMINICANOS, S.A. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Pursuant to 49 U.S.C. §§ 40109, 41302 and Part 211 of the Economic Regulations

of the Department of Transportation, Helicopteros Dominicanos, S.A. (“HELIDOSA”)

applies for a foreign air carrier permit and exemption authority to engage in (i) charter

foreign air transportation of persons and property between points in the Dominican

Republic and points in the United States and beyond, with or without stopovers, and (ii)

Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part

212 of the Department's Economic Regulations.

HELIDOSA requests that the Department process this application pursuant to the

streamlined regulatory procedures for licensing US and foreign air carriers set forth in the

Notice dated August 23, 2005 (Docket OST-2005-22228), and issue a single order (1)

granting the requested exemption authority for a two-year period or until after the

January 30, 2012

Filing of Helicopteros Dominicanos, S.A. (HELIDOSA)

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requested permit authority becomes effective, whichever occurs first, and (2) approving

the foreign air carrier permit request under the show-cause procedures described in the

August 23, 2005 Notice.

Pursuant to § 211.20 of the Department's regulations, HELIDOSA states as

follows:

1. The full name and address of the applicant is:

Helicopteros Dominicanos, S.A. (HELIDOSA), Joaquin Balaguer International Airport, Hangar 1 Santo Domingo Dominican Republic

The applicant is a Sociedad Anónima and is organized under the laws of the Dominican

Republic.

2. The name and official address of the government air transport authority

having regulatory jurisdiction over HELIDOSA is:

Instituto Dominicano de Avacion Civil (IDAC) Av. Mexico Esq., 30 de Marzo Santo Domingo D.N.

Dominican Republic

HELIDOSA current air operator certificate issued by the IDAC and its certificate of

economic authority are attached as Exhibit 1.

3. Air transport between the United States and Dominican Republic is

governed by the Air Transport Agreement Between the Government of the United States

of America and the Government of the Dominican Republic (1986), as amended

(collectively, the "Agreement"). The authority requested here is consistent with the

Agreement.

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4. HELIDOSA requests authority to engage in charter air transportation of

passengers and property (i) between points in the Dominican Republic and points in the

United States and U.S. Islands and beyond, with or without stopovers, coextensive with

the rights provided under the U.S.-Dominican Republic Air Transport Agreement and (ii)

Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part

212 of the Department’s Economic Regulations.

HELIDOSA intends to commence charter operations once DOT authority

is issued, using the aircraft described in Paragraph 9.

5. The names, addresses and citizenship of HELIDOSA executive officers,

and key technical personnel are as follows:

Gonzalo Castillo and a Gonzalo A. Castillo above are related by blood.

Names and Position Address Citizenship

Gonzalo Castillo Partner

HELIDOSA Abraham Lincoln Ave. ESQ. Jose A. Soler, Santao Domingo Dominican Republic

Dominican

George Hazoury President of the Board / Partner

(Same as above) Dominican

Michel Serruya Partner

(Same as above)

Canadian

Gonzalo A. Castillo Vice President of Operations

Joaquin Balaguer Inter- national Airport, Hangar 1 Santao Domingo Dominican Republic

Dominican

Marcos Mercedes Director of Maintenance

(Same as above)

Dominican

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6. HELIDOSA is 100% owned by the following three individuals listed

above and organized and existing under Dominican law. Gonzalo Castillo owns 40%,

George Hazoury owns 40%, and Michel Serruya 20%.

7. None of HELIDOSA officers, directors or managers holds any interest in a

U.S. carrier or any other entity engaged in the business of aeronautics

8. HELIDOSA estimates it will initially operate three to six charter

frequencies per month to the United States in the first year of operations.

9. HELIDOSA was founded in 1992 and it intends to operate charter service

to the United States, Haiti, French West Indies, Netherlands Antilles, and Barbados in a

Cessna Citation Bravo CE-550aircraft. HELIDOSA intends to operate the aircraft listed

below.

Aircraft

Cessna Citation Bravo CE-550 ( seven passenger seats)

Registration Number

HI-915

10. Maintenance on HELIDOSA’s aircraft will be in accordance with the

manufacturer’s maintenance and Inspection Program. Minor inspections and

maintenance will be accomplished at the HELIDOSA facilities in the Dominican

Republic by Citation trained personnel. Major inspections and maintenance will be

accomplished at the Cessna Citation Service Center, Orlando, FL.

11. While in the United States, any necessary maintenance will be performed

by qualified and licensed Cessna Citation maintenance providers. HELIDOSA’s

maintenance program complies with ICAO Pilots and Airmen Annexes 1, 6 (Part1), and

7.

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12. HELIDOSA does not have any agreements or cooperative working

arrangements (e.g., block-space, wet-lease) with any U.S. or foreign air carriers affecting

the proposed services to the United States.

13. HELIDOSA meets the Department’s requirements for insurance.

Attached as Exhibit 2 is OST Form 6411 for the aircraft that will operate to the United

States.

14. Attached as Exhibit 3 is HELIDOSA’s financial data statements.

15. HELIDOSA has not experienced any safety or tariff violations.

16. HELIDOSA had one fatal accident on October 11, 2006. It involved a

Robinson R-44 helicopter, HI-803. There were four fatalities.

17. Aviation Disaster Family Assistance Plan is not required for HELIDOSA

by 49 U.S.C. § 41313.

18. Passenger manifest information is not required for HELIDOSA by Part

243 of the Department’s regulations.

19. Attached as Exhibit 4 is OST Form 4523, a partial waiver of the liability

limitations of the Warsaw Convention.

20. Attached as Exhibit 5 is the verification required by § 211.11 of the

Department’s regulations.

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WHEREFORE, HELIDOSA submits that grant of this application would be

consistent with the public interest, and requests that the Department issue a foreign air

carrier permit and exemption authority to engage in (i) charter foreign air transportation

of persons and property between points in the Dominican Republic and points in the

United States and beyond, with or without stopovers, and (ii) Fifth Freedom charter

service pursuant to the prior approval requirements set forth in Part 212 of the

Department’s Economic Regulations.

Respectfully submitted,

Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A

January 30, 2012

HELIDOSA

Exhibit 1

Air operator Certificate and Certificate of Economic Authority

HELIDOSA

Exhibit 2

OST Form 6411

HELIDOSA

Exhibit 3

Financial Data Statements 2010 and 2011

HELIDOSA

Exhibit 4

OST Form 4523

HELIDOSA

Exhibit 5

Verification

Verification

Pursuant to Title 18 of the United States Code section 1001, I, Gonzalo A. Castillo, in my

individual capacity and as the authorized representative of the applicant, have not in any manner

knowingly and willfully falsified, concealed or covered up any material fact or made any false,

fictitious, or fraudulent statement or knowingly used any documents which contain such

statement in connection with the preparation, filing, or prosecution of this application. I

understand that an individual who is found to have violated the provisions of 18 U.S.C. § 1001

shall be fined not more than $10,000 or imprisoned not more than five years, or both.

_____________________________ Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A January 30, 2012

HELIDOSA

Exhibit 6

Certificate of Service  

Certificate of Service

  I hereby certify that on this day of January 30, 2012, a copy of the foregoing Application

of HELIDOSA for a Foreign Air Carrier Permit and Exemption Authority has been served by

electronic mail on the parties named below.

________________________________ Gonzalo A. Castillo Vice President of Operations Helicopteros Dominicanos, S.A

[email protected]

[email protected]