Mark A. Schneider P.A

LAW OFFICE OF MARK A. SCHNEIDER P.A. PRINCIPAL/MAILINGOFFICE: SATALITE OFFICE: 1100 LEE WAGENER BOULEVARD 807 VIRGINIA STREET SUITE 321 KEY WEST, FL 33040 1'1. LAUDERDALE, FLORIDA 33315 TELEPHONE (954) 661-6275 E-MAIL ADDRESS: [email protected] MARKA. SCHNEIDER, ESQ. Al.SO ADM!TfED IN OKLAHOMA,GEORGIA AND TEXAS PH.D INAEROSPACE ENGINEERING May 7, 2021 VIA REGULATIONS.GOV AND EMAIL Mr. Brett Kruger HAVANA AIR'S OBJECTION Chief, Foreign Carrier Licensing Division U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, D.C. 20590 RE: Motion of Sky Way Enterprises, Inc. Application of Skyway Enterprises, Inc. for Emergency Exemption Dated April 30, 2021 Docket No: OST:2020-0129 Dear Mr. Kruger: This firmrepresents Viajehoy LLC, d/b/a Havana Air ("Havana Air") with regard to its OBJECTION to the U.S. Department of Transportation's granting the Application of Sky Way Enterprise, Inc. ("Sky Way") for Emergency Exemption filed on April 30, 2021. The gravaman of Sky Way's argument is an attempt to sidestep several key facts that should guide the US Department of Transportation. ("US DOT") in rendering a fair, proper, and just decision. Havana Air also adopts and incorporates by reference into this OBJECTION Cuba Charter Services, LLC d/b/a Aerocuba's OBJECTION filed by Jason E. Maddux of the law firmGarofalo GoerlichHainbach datedMay 5, 2021. In addition to Cuba Charter Services, LLC's objection, Havana Air would state this is the same thinly veiled request made on October 16, 2020 which request was denied by the US DOT. Based upon the similarities of this request, Havana Air would also also Mr. Brett Kruger May 7, 2021 Page 2 incorporate by reference its OBJECTION stated in its response letter addressed to Robert Finamore dated October 22, 2020. A copy is attached hereto. Further, what is continually absent from Sky Way's application is there are other less restrictive, and policy consistent means of accomplishing the same result. In fact, there is no need to even file this request. Docket DOT-OST-2020-0129 P. 3 states that: ...except that nothing in this condition shall preclude the operation of authorized public charters to and fromHavana ... [ emphasis added] Sky Way is a 14 C.F.R Part 135 on demand charter operator with four (4) Shorts 360 aircraft. Why should Sky Way be given a Special Exemption over those public charter operators whose aircraft are sitting on the tarmac at Miami International? American Airlines, Jet Blue, iAero all have flights to Havana, Cuba. American Airlines flies a Boeing 787 Dreamliner, Jet Blue is flying Airbus 320/321 and iAero 737-400 and 800s. Certainly, any of these 14 C.F.R. Part 121 air carriers are capable of transporting medical supplies. Further, "Few sectors have struggled as much as the airline industry. According to the International Air Transport Association, airline carriers1 [121 operators] are expected to see a record loss of $157 billion in 2020 and 2021." While all parties to this process are sympathetic to the Cuban people, and to the world at large, should we also be directing some of our financial sympathy to those airlines that are the backbone of the US economy - the commercial airline industry. In Sky Way's application it states that it is taking medical packages weighing 3.3 lbs, with the Shorts 360 having a payload of 7500 lbs. If each package weighs the same, it's then reasonable to assume that what is in each package is also identical. So if that's true, and the aircraft were full, that would translate to 2,273 medical packages - not just t.o 750 persons as represented by Sky Way. 750 medical packages at 3.3 lbs per would weigh 2,475 lbs. That leaves a payload capachy for an additional 5,025 lbs. What else is at play here? Who schedules cargo flights with 2/3 of the capable payload capacity as empty space? It remains Havana Air's contention that Sky Way, with Invicta .Group Services' assistance is hauling luggage or other cargo as part of a commercial operation. And if that's not accurate, then allow the Part 121 carriers to take the medical packages, hence avoiding the need to filean Application forExemption. While conspicuously not addressed in Sky Way's Application, but also highly relevant is that Cuba has limited the inbound number of flights and separated their arrival times in order that proper COVID-19 testing can be completed on those individuals arriving. It is highly unlikely, even if the Sky Way's Application was granted, that the IACC of Cuba would provide Sky Way landing rights. 1 https://hub.jhu.edu/2020/ 12/2 8/airline-business-recovery-after-pandemic/ Mr. Brett Kruger May 7, 2021 Page 3 Once again, this is an attempt to implore the US DOT to grant an Exemption that is wholly unnecessary. Based upon the afore-stated, Havana Air respectfully requests that the US DOT deny the Application of Sky Way Enterprises, Inc. for an Emergency Exemption on the grounds set forth herein, and those contained in its Letter of Objection dated October 22, 2020, and Cuba Charter Services LLC d/bla Aerocuba's objection dated May 5, 2021. Very truly yours, Isl Mark A. Schneider, for the firm of, MARKA. SCHNEIDER, P.A. MASlce Attachments LAW OFFICE OF MARK A. SCHNEIDER P.A. PRINCIPAL/MAILINGOFFICE: SATALIIB OFFICE: ll00LEE WAGENER BOULEVARD 807 VIRGINIA STREET SUIIB 321 KEY WEST, FL 33040 IT. LAUDERDALE, FLORIDA 33315 TELEPHONE (954) 661-6275 FAX (954) 436-1471 E-MAIL ADDRESS: [email protected] MARKA. SCHNEIDER, ESQ. ALSO ADMITI'ED IN OK.LAHOMA, GEORGIA AND TEXAS PH.D IN AEROSPACE ENGINEERING October 22, 2020 VIA REGULATIONS.GOV AND EMAIL ro [email protected] Mr. Robert Finamore HAVANA AIR'S OBJECTION Chief, Foreign Carrier Licensing Division U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, D.C. 20590 RE: Application of Skyway (sic) Enterprises, Inc. foran Emergency Exemption Docket No: OST:2020-0129 Dear Mr. Finamore: This firm represents Viajehoy LLC, d/b/a Havana Air ("Havana Air") with regard to its OBJECTION to the U.S. Department of Transportation's granting of an exemption to allow Skyway (sic) Enterprise, Inc. (registered with the State of Florida, Secretary of State as a Michigan for profit corporation licensed to do business in Florida as "Sky Way Enterprises, Inc." - hereinafter referenced as "Sky Way" - See attached Exhibit "A") or Invicta Group Services, Inc. ("Invicta Group Services") acting as Sky Way's alter ego from conducting illegal charter flights from the United States to Cuba. Invicta Group Services filed its Articles of Incorporation with the State of Florida, Secretary of State in 2015 as a for profit corporation with Mildred Diaz as its President. A copy of Invicta Group Services' Florida state filing including its Articles of Incorporation is attached hereto as Exhibit "B". There is no information or belief that Invicta Group Services has any ownership interest in SkyWay. Havana Air's OBJECTION to the U.S. DOT granting an exemption to Sky Way is based upon the following criteria: Mr. Robert Finamore October 22, 2020 Page 2 1. Sky Way has relinquished command and control of its charter operation to Invicta Group Services in violation of its General Operation Specifications. Sky Way licensed by the Federal Aviation Administration ("FAA") to operate as a 14 C.F.R. Part 13 5 ("FAR Part 13 5 ") On Demand charter operator, Certificate Designator: D KEA, supervised by the Orlando FSDO, SO15. Sky Way's web site is represented by the following web link: https://skyway360.corn/. As a FAR Part 135 operator, Sky Way's is governed, in-part by its General Operating Specifications. See 14 C.F.R. Part 119 Certification of Air Carriers and Commercial operators - more specifically Part119 §49 - hereinafter generally referred to by the industry as "OP Specs". Within Sky Way's OP Specs is a general specificationreferred to as A008. OP Spec A008 refers to Operational Control of the aircraftoperated by the certificateholder. See FSIMS 8900.1 et. seq. A008 is a mandatory section within the operator's OP Specs and is to be regarded by the certificateholder that conducts operations under FAR Part 135 as the basis for which it provides operational control for its flight operations. As set forth as a template by the FAA, the pertinent parts of A008 are set forth below. The area for which Havana Air contents Sky Way is in violation is italicized. b. CertificateHolder Responsibilities: (l) The certificate holder retains all responsibility for the operational control of aircraft operations, and thus the safety of each flight conducted under this certificate and operations specification, including the actions or inactions of all direct employees and agents of the certificate holder. (2) This responsibility is not transferable to any other person or entity. (3) The certificate holder's responsibilityfor operational control supersedes any agreement, contract, understanding or arrangement, either oral or written, expressed or implied, between anypersons or entities. c. The certificate holder may not engage in any of the following practices and shall not: (1) Franchise or share the certificate holder's authority for the conduct of operations under its certificate and operations specifications to or with another person or entity. (2) Use a "Doing Business As" (DBA) name in any way that represents an entity that does not hold an air carrier or operating certificate and operations specificationsas having such a certificateand operations specifications. (3) Engage in a wet lease contrary to 14 CFR § 119.53. In accordance with § 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement with any person not authorized by the FAA to engage in Mr.

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