Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office

Updated: Thursday, August 13, 2009 8:11 AM


St. Barth Commuter

http://www.stbarthcommuter.com


St. Barth Commuter

OST-2004-18979 - Exemption - French West Indies-US


August 25, 2004

Application for Exemption Authority

St Barth intends to commence operations between the French West Indies and Puerto Rico and the U.S. Virgin Islands in November 2004, and requests prompt approval so that the marketing and sale of these U.S. operations can begin as soon as possible.

St Barth's current fleet consists of five piston engine aircraft: four Bitten Norman Islanders and one Piper Aztec. St Barth now provides scheduled service between St. Barthelemy and St. Maarten/St. Martin, and charter services to other points in the Caribbean.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305


August 25, 2004

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305



OST-2004-18980 - Foreign Air Carrier Permit

August 25, 2004

Application for a Foreign Air Carrier Permit

St. Barth has contemporaneously filed an application and supporting materials with the Department for an exemption from 49 U.S.C. § 41301 for authority to engage in charter foreign air transportation of persons, property and mail between St. Martin, St. Barthelemy, Guadeloupe and Martinique in the French West Indies and San Juan, Puerto Rico and St. Croix and St. Thomas in the U.S. Virgin Islands. St Barth's exemption application is attached hereto as Appendix A. Subject to the receipt of all necessary government approvals, including the grant of the requested exemption authority, St Barth intends to provide charter service with its commuter aircraft between these points starting in November 2004. The information and evidence submitted in support of St Barth's application for exemption authority also supports this application for a foreign air carrier permit and therefore St Barth incorporates by reference herein all of the information and evidence submitted in support of its application for exemption authority.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305



OST-2004-18979 - French West Indies-Puerto Rico/Virgin Islands Charter Air Service

Filed August 25, 2004 | Issued October 7, 2004

Notice of Action Taken | Word

Exemption authority from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons, property and mail between St. Martin, St. Barthelemy, Guadeloupe and Martinique, French West Indies, on the one hand, and Puerto Rico and the U.S. Virgin Islands, on the other hand, with small aircraft.

By: Paul Gretch



Order 2005-4-2
OST-2005-20077 - Violations of 49 USC 41301 and 41712

Issued and Served April 4, 2005

Consent Order

This consent order concerns unauthorized holding out and operation of air transportation by St. Barth Commuter, SARL, a foreign air carrier. The unauthorized holding out and operations by St. Barth violates the licensing requirements of 49 U.S.C. § 41301 and constitutes an unfair and deceptive practice and unfair method of competition in violation of 49 U.S.C. § 41712. This order directs St. Barth to cease and desist from future violations and assesses the carrier compromise civil penalties of $50,000.

St. Barth is a provider of air transport services, chiefly as a commuter airline licensed in France and based in St. Barthelemy, French West Indies. After St. Barth obtained an amended blanket waiver for operation to and from the Virgin Islands and Puerto Rico from the Federal Aviation Administration covering that agency's safety certification requirements, it began carrying passengers to and from St. Barthélemy and the U.S. Virgin Islands (St. Thomas and St. Croix) and San Juan, Puerto Rico.

By: Rosalind Knapp



OST-2004-18979 - Exemption - French West Indies-US

September 7, 2006

Application for Renewal of Exemption Authority

St. Barth has operated charter combination service between St. Martin, St. Barthelemy, Guadeloupe and Martinique in the French West Indies and San Juan, Puerto Rico and St. Croix and St. Thomas in the U.S. Virgin Islands since the exemption authority was granted in October 2004. St. Barth currently provides charter service in these markets with a fleet of six piston engine small aircraft: five Britten Norman Islanders (9 passenger) and one Piper Aztec (5 passenger).

On August 25, 2004, St. Barth also filed in Docket OST-2004-18980 an application for a foreign air carrier permit. St. Barth respectfully requests the Department act on its permit application, which has now been pending for over two years.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305



OST-2004-18979 - Exemption - French West Indies-US

Filed September 7, 2006 | Issued November 9, 2006

Notice of Action Taken

Renew exemption from 49 USC 41301 to engage in charter foreign air transportation of persons, property and mail between St. Martin Barthelemy, Guadeloupe and Martinique, French West Indies, on the one hand, and Puerto Rico and the US Virgin Islands, on the other hand, with small aircraft.

By: Paul Gretch



OST-2004-18979 - Exemption - French West Indies-US


November 5, 2008

Application for Renewal of Exemption Authority

St. Barth Commuter hereby applies for renewal of the exemption authority granted by Department Notice of Action Taken, dated November 9, 2006, in the above-referenced Docket.

On October 7, 2004, St. Barth was first granted exemption authority for a two-year period to provide charter foreign air transportation of persons, property and mail between St. Martin, St. Barthelemy, Guadeloupe and Martinique, French West Indies, on the one hand and Puerto Rico and the U.S. Virgin Islands, on the other hand, with small aircraft. As noted above, this exemption authority was last renewed by NOAT, dated November 9, 2006, and is now set to expire on November 9, 2008.

St. Barth has operated charter combination servIce between St. Martin, St. Barthelemy, Guadeloupe and Martinique in the French West Indies and San Juan, Puerto Rico and St. Croix and St. Thomas in the U.S. Virgin Islands since the exemption authority was granted in October 2004. St. Barth currently provides charter service in these markets with a fleet of six piston engine small aircraft: five Britten Norman Islanders (9 passenger) and one Piper Aztec (5 passenger).

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305


November 5, 2008

Re: Motion for Immediate Action

St. Barth Commuter, a French West Indies regional carrier, hereby respectfully requests that the Department of Transportation take immediate action on its Application for a Foreign Air Carrier Permit filed in the above-referenced Docket on August 25, 2004. St. Barth's Application, which has been pending before the Department for over four years, seeks a foreign air carrier permit authorizing St. Barth to engage in the carriage of persons, property and mail in charter foreign air transportation between St. Martin, St. Barthelemy, Guadeloupe and Martinique in the French West Indies, and San Juan, Puerto Rico and St. Croix and St. Thomas in the U.S. Virgin Islands.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305



OST-2004-18980 - Foreign Air Carrier Permit - French West Indies-US

November 5, 2008

Motion for Immediate Action

St. Barth Commuter, a French West Indies regional carrier, hereby respectfully requests that the Department of Transportation take immediate action on its Application for a Foreign Air Carrier Permit filed in the above-referenced Docket on August 25, 2004. St. Barth's Application, which has been pending before the Department for over four years, seeks a foreign air carrier permit authorizing St. Barth to engage in the carriage of persons, property and mail in charter foreign air transportation between St. Martin, St. Barthelemy, Guadeloupe and Martinique in the French West Indies, and San Juan, Puerto Rico and St. Croix and St. Thomas in the U.S. Virgin Islands.

In order to avoid the time and expense of applying on a biennial basis for renewal of its exemption authority, St. Barth respectfully requests that the Department take action now on its pending Application for a Foreign Air Carrier Permit. Indeed, St. Barth's Application is authorized under the U.S.-EU Air Transport Agreement that went into effect March 30, 2008, and prompt action is required under the provisions thereof. Granting St. Barth, an EU carrier, a foreign air carrier permit, rather then requiring the carrier to continue to apply for renewal of its exemption authority every two years, will also benefit the Department as it will avoid the need to devote the resources necessary to evaluate each time St. Barth's exemption authority renewal applications.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305



OST-2004-18980 - Foreign Air Carrier Permit - French West Indies-US

March 25, 2009

Re: Additional Information Response

In connection with the Application of St. Barth Commuter for a Foreign Air Carrier Permit, filed in Docket OST-2004-18980 on August 25, 2004, we hereby provide the Department with the following additional information recently requested by DOT staff:

  1. a statement confirming that Mr. Bruno I. Magras remains the sale owner (100%) of St. Barth Commuter
  2. St. Barth Comlnuter's Balance Sheet, Income Statement and Profit and Loss Statement as of December 31, 2008; and
  3. verification from Banque Francaise Commerciale attesting to St. Barth Commuter's cash balances.

Subsequent to DOT staff's request, the Department on February 19, 2009 issued a Notice entitled "Application Procedures for Foreign Air Carriers of the European Union" that detalis recently agreed procedures between the US and the EU for the reciprocal recognition of airline citizenship and fitness determinations. As St. Barth Commuter is an EU air carrier and its services are subject to the U.S.-EU Open Skies Air Transport Agreement, the attached information submission may no longer be required to process St. Barth Commuter's Application.

Counsel: Silverberg Goldman, Michael Goldman



Order 2009-5-10
OST-2004-18979 - Exemption - French West Indies-US
OST-2004-18980 - Foreign Air Carrier Permit - French West Indies-US

Issued and Served May 15, 2009

Order Granting Exemption and to Show Cause

We grant the request of St. Barth Commuter for renewal of exemption authority under 49 U.S.C. § 40109 to permit it to engage in charter foreign air transportation of persons, property and mail between St. Martin, St. Barthelemy, Guadeloupe and Martinique, French West Indies, on the one hand, and Puerto Rico and the U.S. Virgin Islands, on the other hand.

In the conduct of these operations, the holder may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch



Order 2009-8-7
OST-2004-18980 - Foreign Air Carrier Permit - French West Indies-US

Issued June 8, 2009 | Served August 11, 2009

Final Order

By Order 2009-5-10 issued May 15, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch


Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office