UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on April 28, 2010 

NOTICE OF ACTION TAKEN -- DOCKET OST-1998-3771 ________________________________________________________________________________________________________________________________ 

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

additional confirming order will be issued in this matter). 

Applicant: LIAT (1974) Limited Dates Filed: September 30, 2008 and February 26, 2009, 

 as amended January 21, 2010 

 

Relief requested: 

Renew exemption under 49 USC §40109, issued by Notice of Action Taken dated February 28, 2008, in this Docket, 

to engage in (1) scheduled foreign air transportation of persons, property and mail between (a) the coterminal points 

Antigua and Barbuda, Montserrat, and St. Kitts and Nevis; via the intermediate points Anguilla, the British Virgin 

Islands, and St. Maarten; and the coterminal points St. Croix, St. Thomas, and San Juan, Puerto Rico; and beyond to 

Santo Domingo, the Dominican Republic; (b) the coterminal points Antigua and Barbuda, and St. Kitts and Nevis, via 

the intermediate points St. Maarten and St. Lucia; and the terminal point Miami, Florida; (c) San Juan and St. Vincent, 

and beyond to Port of Spain, Trinidad; and (d) San Juan and Dominica; and (2) charter foreign air transportation of 

persons, property and mail pursuant to 14 CFR Part 212 of the Department’s regulations. LIAT asks that this authority 

be renewed for a period of two years. 

Applicant representative: Lee A. Bauer, 202-331-3300 DOT analyst: George Wellington, 202-366-2391 

Related pleadings: By separate application dated September 30, 2008, in this Docket, LIAT requested to amend its 

current exemption authority (described above), to add authority to engage in scheduled foreign air transportation of 

persons, property and mail between San Juan, Puerto Rico and the British Virgin Islands, on a stand-alone, nonstop 

basis. Hyannis Air Service, Inc. d/b/a Cape Air filed in opposition to this request, and to the exemption renewal 

application to the extent that the renewal incorporated the request for San Juan-British Virgin Islands authority. LIAT 

and Hyannis Air filed additional pleadings on this matter.1

 On January 21, 2010, LIAT withdrew its request for San 

Juan-British Virgin Islands authority.

DISPOSITION 

Action: Approved in part, dismissed in part2 Action date: April 28, 2010 

Effective dates of authority granted: April 28, 2010, through April 28, 2011. 

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

exemption conditions (attached). 

Remarks: We found that LIAT has been properly licensed by the Government of Antigua and Barbuda to conduct the 

operations at issue here, that it continues to be substantially owned by a consortium of Caribbean countries, and that 

reciprocity and our overall aviation relations with those owner countries support grant of the renewed authority sought 

 

1

 Hyannis Air Service accompanied a November 3, 2008 pleading with a motion for leave to file. Good cause having been shown, 

we will grant the motion. 

2

 LIAT sought authority for a two-year period. The one-year duration of the authority we granted is consistent with our usual 

policy of granting exemption authority in the circumstances presented. We, therefore, dismissed the application to the extent that 

it sought authority for a longer period. 
by the applicant. In light of LIAT’s January 21, 2010 amendment to the application, withdrawing its request to 

conduct San Juan-British Virgin Islands service, the concerns raised by Hyannis Air Service are now moot. 

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) our action was 

consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (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/deferred/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
Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) 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 requirements 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 applicable. 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 

determined 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 coverage, 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 aircraft 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) based 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 Convention, 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 

its homeland, except as otherwise provided for in the U.S.-U.K. Air Services Agreement; 

(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 orders 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 authority cannot be sold or otherwise transferred without explicit Department approval 

under Title 49 of the U.S. Code. 

 12/2007