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BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. __________________________________________ ) Application of ) ) Skyway Enterprises, Inc. ) ) Docket No. OST-2020-0129 Pursuant to 49 U.S.C. § 40109 for an ) Emergency Exemption from Order 2020-8-4 ) (Suspension of U.S. – Cuba Charter Authorizations) ) ) ) U.S. – Cuba Humanitarian Aid Charters ) ) APPLICATION OF SKYWAY ENTERPRISES, INC. FOR AN EMERGENCY EXEMPTION Communications with respect to the above should be addressed to: Evelyn D. Sahr Drew M. Derco Alexander T. Marriott ECKERT SEAMANS CHERIN & MELLOTT, LLC 1717 Pennsylvania Ave., NW 12th Floor Washington, D.C. 20006 Tel: (202) 659-6622 Fax: (202) 659-6699 Attorneys for Skyway Enterprises, Inc. DATED: April 30, 2021 NOTICE: THIS APPLICATION IS FILED PURSUANT TO THE EMERGENCY EXEMPTION PROCEDURES OF 14 C.F.R. § 302.311, WHICH AUTHORIZES THE DEPARTMENT TO ACT ON EMERGENCY EXEMPTIONS IMMEDIATELY. ANY PERSON INTERESTED IN FILING AN ANSWER IS REQUESTED TO DO SO IN THE ABOVE DOCKET IMMEDIATELY. COPIES OF THE SUBMISSION SHOULD BE SERVED ON THE PERSONS LISTED ABOVE AND ON THE ATTACHED SERVICE LIST. 100281328.1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. __________________________________________ ) Application of ) ) Skyway Enterprises, Inc. ) ) Docket No. OST-2020-0129 Pursuant to 49 U.S.C. § 40109 for an ) Emergency Exemption from Order 2020-8-4 ) (Suspension of U.S. – Cuba Charter Authorizations) ) ) ) U.S. – Cuba Humanitarian Aid Charters ) ) APPLICATION OF SKYWAY ENTERPRISES, INC. FOR AN EMERGENCY EXEMPTION Skyway Enterprises, Inc. (“Skyway”), in accordance with 49 U.S.C. § 40109, and the Department of Transportation’s (“DOT or the “Department”) Rules of Procedure, 14 CFR § 302.311, respectfully requests an emergency exemption from the prohibitions in Order 2020-8-4 (Suspension of U.S.-Cuba Charter Authorizations), and such other relief as may be necessary to permit it to operate a limited schedule of eight all-cargo charter operations to transport humanitarian aid between Miami, Florida and Havana, Cuba using small aircraft on May 25, 2021 to July 13, 2021.1 While Order 2020-8-4 generally “preclude[s] the operation of charter flights between the United States and Cuba” (Id. at 2), as explained in detail below, Skyway’s proposed operation would satisfy two of the Order’s exceptions permitting charter operations for “emergency medical purposes…, and other travel deemed to be in the interest of the United States.” Id. at 3. Further, 1 Please see the proposed schedule attached as Exhibit A. The charterer, Invicta Group Services, Inc. (“Invicta”), is a U.S. charter operator based in Hialeah, Florida. 100281328.1 Application of Skyway Enterprises, Inc. For an Emergency Exemption the State Department has expressed an interest and a “willingness to review future exemption requests to determine whether proposed flights fall within the scope of its specified exceptions as set forth in DOT’s Order 2020-8-4.” Indeed, DOT recently granted a similar request by Skyway for an emergency exemption from Order 2020-8-4, permitting it to operate an all-cargo charter operation to Havana - which DOT and the State Department determined was “in the interest of the United States.”2 The COVID-19 Pandemic Has Created A Medical Emergency Necessitating the Prompt Delivery of Critical Humanitarian Aid. This limited operation proposed by Skyway is necessary to alleviate a small portion of the devastating effects the COVID-19 global pandemic is having on the population of Cuba, including U.S. citizens residing in Cuba, as well as the Cuban-American families residing in the U.S. who are desperate to provide critical humanitarian aid to family members in Cuba. The economic situation in Cuba has continued to decline over the past six months. Residents of Cuba regularly wait in lines for hours to buy food, hygiene products, and medical supplies (when they are even available for purchase), which in turn creates a high-risk event for the transmission of COVID- 19.3 The Cuban population has also endured a lack of access to soap and detergent, furthering the difficulty to follow basic COVID-19 preventative measures like hand washing and disinfecting clothing.4 The State Department’s August 13, 2020 letter guiding the Department’s issuance of Order 2020-8-4 did not define, or provide examples of, what it considered to be an “emergency medical 2 See NOAT Docket OST-2020-0129 (March 30, 2021) at 3. 3 William M. LeoGrande, Cuba’s economic woes may fuel America’s next migrant crisis, The Conversation (Apr. 16, 2021) https://theconversation.com/cubas-economic-woes-may-fuel-americas-next-migrant-crisis-158260 (last visited Apr. 26, 2021); Andreas Knobloch, Coronavirus worsens Cuba’s economic woes, Deutsche Welle (Jun., 20, 2020), https://www.dw.com/en/coronavirus-worsens-cubas-economic-woes/a-53981899 (last visited Apr. 28, 2021); 4 Covering Coronavirus in Cuba, The Institute For War & Peace Reporting (Feb. 1, 2021) https://iwpr.net/impact/covering-coronavirus-cuba (last visited Apr. 27, 2021). 100281328.1 Application of Skyway Enterprises, Inc. For an Emergency Exemption purpose” or “travel deemed to be in the interest of the United States.” Rather, Skyway assumes such evaluations will be made on a case-by-case basis. The dire circumstances discussed above have created a clear emergency, which easily satisfies Order 2020-8-4’s exemption permitting charter operations for “emergency medical purposes.” It also qualifies as being “in the interest of the United States.” Skyway is requesting this emergency exemption to carry small 3.3 lbs. humanitarian aid packages from U.S. citizens directly to their family and friends in Cuba. This operation will empower the Cuban people by giving them direct access to critical supplies during a dire time of need, while allowing American citizens to serve as ambassadors for freedom in Cuba by providing those much-needed supplies. The situation in Cuba is serious, and all of the above factors underscore the need for essential and medical supplies to be transported to Cuba, and thus, Skyway believes that approval of this application is warranted under the circumstances and is clearly within the public interest. In further support of its request for an exemption, Skyway states as follows: 1. Skyway, a U.S. company incorporated in Michigan, and headquartered and registered to do business in Florida. It is 100% owned and controlled by U.S. citizens. The airline’s address is: 3031 W. Patrick Street Kissimmee, Florida 34741 2. Skyway holds a Part 135 Operator Certificate, issued on August 30, 1994, and Part 298 Air Taxi authority, last approved on August 9, 2018. In December 1983, Skyway became a certified FAA air carrier and began providing on-demand all-cargo charter service. Skyway currently provides on-demand all-cargo service throughout the U.S. and the Caribbean, and has 100281328.1 Application of Skyway Enterprises, Inc. For an Emergency Exemption conducted all-cargo charter service to Cuba since 2004. Its fleet consists of four Shorts 360 aircraft. 3. In April 2021, Skyway was approached by Invicta, a U.S. company, to transport humanitarian aid packages between Miami, Florida and Havana, Cuba, on eight all-cargo charter operations. The aid packages will be sent by U.S. citizens to their family and friends in Cuba who are in desperate need of support. 4. The humanitarian aid carried by Skyway will be in the form of small 3.3 lbs. parcels containing food, medicine, hygiene and medical supplies.5 The reason for this specific package size is because Cuban customs allows each person to receive up to three parcels, weighing no more than 3.3 lbs., without charging a customs fee. 5. Each Skyway flight will carry up to 7,500 lbs. of aid packages, providing much needed support to approximately 750 persons in Cuba per flight. The flights carrying humanitarian aid parcels will not only address the urgent needs of the Cuban people receiving the packages, but it will also mean less remittances being spent on Cuban government stores which sell food and other products at exorbitant prices. 4. Grant of this application is in the public interest and necessary to avoid an unusual hardship. The Department’s Orders suspending charter service to Cuba (Order 2020-5-7 and Order 2020-8-4), have essentially shut down all traffic in the U.S.-Cuba market, as the market was heavily dependent upon charter service. Even when Cuba lifts its restrictions on passenger flights, people will still be reluctant to travel during the pandemic, and Cuba’s economy will continue to falter. Permitting these eight all-cargo charter operations will significantly reduce the suffering of thousands of people. 5 Invicta, the charterer for this operation, is applying for the necessary Commerce Department Export License concurrently with this application for an emergency exemption. 100281328.1 Application of Skyway Enterprises, Inc. For an Emergency Exemption 6. In light of the exigent circumstances in Cuba, Skyway requests expeditious processing and the immediate grant of this emergency exemption application. DOT’s Procedural Regulations provide that the Department can act on an emergency exemption application immediately pursuant to 14 C.F.R. § 302.311. WHEREFORE, Skyway respectfully requests that the Department issue an emergency exemption permitting it to operate eight humanitarian aid flights between the U.S. and Cuba, as described herein, and grant such further relief as the Department deems to be consistent with the public interest. Respectfully submitted, Evelyn D. Sahr Drew M. Derco Alexander T. Marriott Attorneys for Skyway Enterprises, Inc. Dated: April 30, 2021 100281328.1 Exhibit A Skyway Schedule May 25, 2021 - July 13, 2021 DAY FROM TO DEP. TIME ARRIVAL TIME Tuesday MIA HAV 9:00 10:30 HAV MIA 12:00 13:30 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served by electronic mail this 30th day of April 2021 on the following: Air Carrier/Operator Name Email Address Aerocuba, Cubazul Jason E.

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