UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 16, 2012



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 8

- 0087

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional

co nfirming order will be issued in this matter).

Applicant: 

### Package Delivery Xpress, Ltd. Date Filed: March 2, 2012,

as amended March 8, 2012

Relief requested: Amend existing e xemption from 49 U.S.C. § 41301 to the extent necessary to per mit the applicant to

engage in charter foreign air transportation of property between a point or points in the United States, on the one hand,

and a point or points in the Bahamas

, on the other hand, using small and large aircraft

. 1

Date and c itation of last action: August 15, 2011, in this docket

Applicant representative: Luis A. Irizarry (787) 752

- 7621 DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: April 16, 2012

Effective dates of authority granted: April 16, 2012

– A ugust 15, 2012 2

Basis for approval (bilateral agreement/reciprocity): Reciprocity

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) Foreign air carrier permit conditions (Order )

Special conditions/Partial grant/Denial basis/Remarks: By memorandum dated March 20, 2012, the Federal Aviation

Administration advised us that it knew of no reason why we should act unfavorably on the applicant’s request.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

______________________________________________________________ __________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is

qualified to perform the proposed operations; (2) our action was consisten t with Department policy; (3) grant of the

authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory

action under the Energy Policy and Conservation Act of 1975. To the extent not granted/def erred/dismissed, we denied

all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time

without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s

regulations, 14 CFR § 385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This

action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 Package Delivery Xpress ’ existing exemption authority ( see Notice of Action Taken dated August 1 5 , 2011, in this docket)

authorizes it to engage in charter foreign air transportation of property between a point or points in the United States, on the one hand

, and a point or points in the Bahamas

, on the other hand, using small aircraft.

2 We have granted the applicant’s request for amended exemption authority through August 15, 2012, co

- extensive with its existing

exemption authority in this Docket.

### Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such

operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requireme nts of the Federal Aviation Administration, the Transportation Security

Administration, and with all applicable U.S. Government requirements concerning security, including, but not

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as a pplicable. To assure compliance with

all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new

service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the

United States, contact its International Industry Representative (IIR) (formerly referred to as International

Principal Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security

Administration has deter mined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the

commencement of any operations under this authority, file evidence of such c overage, in the form of a completed

OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight

Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate ai rcraft under this authority unless it complies with operational safety requirements at least equivalent

to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of

14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C.

1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in

the United States that are: (a) based on its operations in international air transportation that, according to the

contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed

stopping place, or for which the contract of carriage was purchased in the United States; or (b) base d on a claim

under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this

condition, the term "international air transportation" means "international transportation" as defined by the Warsaw

Conventio n, except that all States shall be considered to be High Contracting Parties for the purpose of this

definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in

a Member State of the Eur opean Union;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be

prescribed by the Department, with all applicable orde rs or regulations of other U.S. agencies and courts, and with

all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions

imposed above. Moreover, this authori ty cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

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