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Ost -2017-0049 Application of Rwandair

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Ost -2017-0049 Application of Rwandair BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of “RwandAir” Limited Liability Company for an exemption pursuant to 49 U.S.C Docket DOT – OST -2017-0049 Section 40109 and a foreign air carrier permit under 49 U.S.C section 41301 APPLICATION OF RWANDAIR LIMITED LIABILITY COMPANY FOR AMENDING FOREIGN AIR CARRIER PERMIT Communications with respect to this document should be sent to: Yvonne Manzi Makolo Chief Executive Officer and Accountable Manager Silver Munyaneza Deputy Chief Executive Officer, In Charge of Operations. Derryck Nuwagaba Manager, Partnerships, Government and Industry Affairs RwandAir Limited Top Floor, Main Terminal Building, Kigali International Airport Kigali – Rwanda Tel: (+250) 788177000 [email protected] For RwandAir Dated Jan 18, 2021 1 In support of this permit application, RwandAir Limited submits as follow I. The full name and address of RwandAir Limited is: RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport Kigali, Republic of Rwanda. Tel.: +250788177000 Email: [email protected] 2. RwandAir is a limited liability company founded and registered as a legal entity on September 12, 2002, under the applicable laws of the Republic of Rwanda. RwandAir is wholly owned by the Government of the Republic of Rwanda. Effective operational control of RwandAir is vested in its Management, most of whom are nationals. See Exhibits RWANDAIR - 3 & RWANDAIR- 4. RwandAir holds an Air Operator Certificate, issued by the Rwanda Civil Aviation Authority (the "RCAA'') on October 16, 2020 and remains valid until October 31, 2022, authorizing RwandAir, to operate domestic and international commercial air services, such certificate is continuously renewable subject to applicable procedures. See Exhibit RWANDAIR- 7. 3. The air transport authority of Rwanda having regulatory jurisdiction over RwandAir’s air transportation operations is: Rwanda Civil Aviation Authority. P.O.Box 1122 Kigali-Rwanda Kigali International Airport Website: www.caa.gov.rw. 2 4. RwandAir Limited (‘RwandAir’) requests the amendment of its foreign air carrier permit in the above indicated docket permitting RwandAir to provide scheduled and charter foreign air transportation for passengers, property (including cargo) and mail (I) between any point or points in Rwanda and any point or points in the United States; and (2) between any point or points in the United States and any point or points in Rwanda. RwandAir plans to launch the said services from Kigali International Airport (KGL) in Kigali-Rwanda via Kotoka International Airport (ACC) to John F. Kennedy International Airport (JFK) in New York, U.S.A. in December, 2021. 5. RwandAir will mainly utilize its own Airbus A330s type aircraft into the United States, or such other aircraft as it may have or acquired to conduct the proposed operations. See Exhibits RWANDAIR - 2 & RWANDAIR -9. All of the aircraft RwandAir intends to operate to the United States are registered in Rwanda and are maintained by qualified engineering personnel holding the appropriate certificates for technical maintenance. Line and Base maintenance activities for RwandAir's aircraft are performed by different Approved Maintenance Organizations (AMO) as indicated in exhibit RWANDAIR – 10. Rwanda is a contracting State to the Convention on International Civil Aviation ("Chicago Convention"). RwandAir's aircraft are maintained in compliance with ICAO Annexes 1, 6 (Part 1), and 7. In addition, RwandAir's aircraft conform to type designs approved by the Rwanda Civil Aviation Authority, and have been issued airworthiness certificates in accordance with the provisions of ICAO Annex 8. 6. Attached on Exhibits RWANDAIR- 1 through RWANDAIR - 16 are responses relating to the requests found in 14 C.F.R. Section 211 of the Department's Regulations. These exhibits, combined with the prepared application, demonstrate that RwandAir is fit, willing, and able to perform the services that have been requested and to conform to the provisions of the Act and the Department's regulations in accordance with 49 U.S.C. section 41302. 3 7. RwandAir has been designated by the Government of Rwanda to perform foreign air transportation services between the United States and Rwanda as is required by 49 U.S.C. 41302. By its letter No. 2619/09.16/03/16 dated October 11, 2016, the Government of Rwanda designated RwandAir as a carrier to provide foreign air transportation services between Rwanda and the United States. This designation of RwandAir by the Government of Rwanda was transmitted through formal diplomatic channels. 8. RwandAir is qualified to operate to the United States. As this permit application and exhibits demonstrate, RwandAir has assembled an experienced team of individuals to manage and develop the unique market opportunities associated with the establishment of its U.S. operations. Moreover, RwandAir has the financial and technical resources to maintain its domestic and international service. RwandAir has accumulated substantial operating experience from almost nineteen years of its operations. See Exhibit RWANDAIR-8. 9. A grant of RwandAir's instant application is in the public interest as RwandAir will represent a recognized institutional presence in the market of passenger, property (including cargo) and mail air transportation. RwandAir represents the continued evolution of the aviation system of Rwanda and will be a highly qualified and well capitalized entrant into the newly-developing U.S. - Rwanda aviation market. 10. RwandAir submits that its application raises no environmental or energy concerns. Specifically, RwandAir’s annual fuel consumption will not exceed 10 million gallons or more, and therefore, a grant of the permit application will not constitute a "major regulatory action" for the purposes of the National Environmental Policy Act as implemented by 14 C.F.R. 313. As a result, RwandAir is not required to submit additional information about the energy consumption and energy efficiency consequences of its service proposal. 11. Rwanda has been at the forefront in fighting against the spread of the COVID-19 pandemic, consequently RwandAir has put in place all means available to strictly follow measures as set forth by the World Health Organization (WHO) in order to restore the industry. RwandAir also commits to observe the guidelines in the Order signed by the U.S 4 Centre for Disease Control and Prevention (CDC) Director on Jan 12, 2021. Granting the authority to RwandAir will not pause any health threats to the travelers or the U.S communities. As RwandAir prepares to launch services between Kigali and New York using its own aircraft and crews, RwandAir respectfully requests that the Department amend its condition to RwandAir’s economic authority to state that RwandAir is permitted to use its own aircraft and crews in the services to and from the United States, in addition to code-share and/or wet- lease arrangements with a duly authorized and properly supervised U.S or foreign air carrier when Rwanda successfully achieves an IASA Category 1 rating. THEREFORE, RwandAir respectfully requests that the Department amend RwandAir’s foreign air carrier permit for the reasons given above and as the Department determines to be appropriate and consistent with the public interest. Respectfully submitted, Derryck Nuwagaba Top Floor, Main Terminal Building Kigali International Airport Kigali, Republic of Rwanda 5 BEFORE THE DEPARTMENT OF TRANSPORTATION WASIDNGTON, D.C. Application of “RwandAir” Limited Liability Company Docket DOT – OST- 2017-0049 for an exemption pursuant to 49 U.S.C Section 40109 and a foreign air carrier permit under 49 U.S.C section 41301 6 7 LIST OF EXHIBITS EXHIBIT CONTENT RWANDAIR – 1 Corporate Information & Government Oversight RWANDAIR – 2 Service Proposal RWANDAIR - 3 Directors, and Key Personnel RWANDAIR – 4 Ownership Information RWANDAIR – 5 Relationship with the Government RWANDAIR – 6 Insurance Coverage RWANDAIR – 7 Operator Certificate RWANDAIR – 8 Operating History RWANDAIR – 9 Aircraft Inventory RWANDAIR – 10 Maintenance Arrangement RWANDAIR – 11 Agreements With Other Carrier Affecting Service Proposal RWANDAIR – 12 Financial Data Summaries RWANDAIR – 13 Financial and Traffic Projections RWANDAIR – 14 Bilateral Agreement and Designation RWANDAIR – 15 Safety and Tariff Violation RWANDAIR – 16 Waiver of Liability Limits Under Warsaw/Montreal Convention RWANDAIR – 17 Certificate of Service 8 EXHIBIT RWANDAIR -1 CORPORATE INFORMATION & GOVERNMENT OVERSIGHT 1. Background Information RwandAir Limited (and doing business as "RwandAir") is a private limited liability company founded and registered as a legal entity on September 12, 2002, under the applicable laws of Rwanda (Registration Certificate Number 100286135, dated September 12, 2002). RwandAir holds an Air Operator Certificate, issued to it by the Rwanda Civil Aviation Authority (the "RCAA''), on October 16, 2020, and continuously renewed subject to applicable procedures. RwandAir is registered with the International Civil Aviation Organization "ICAO" (ICAO Code: RWD), is an associated member of IATA (lATA Code: WB) and a European Aviation Safety Agency (EASA) member, (TCO code: EASA.TCO.RWA-0001.01), Kigali International Airport (KGL) is designated by the UK Department for Transport as an ACC3 Last Point of Departure (LPD) for RwandAir under reference; GB/ACC3/RWKGL-WB. RwandAir has already secured authorization from the Government of the Republic of Ghana to use Kotoka International Airport (IATA:
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