UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 8

, 20 1 1



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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__________ ______________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be iss ued in this matter).

Application of Republic Airline Inc. d/b/a Republic Airlines ( Republic ) filed 0 2 / 02 / 11 for:

XX E xemption for two years under 49 U.S.C. 40109 to provide the following service :

Scheduled foreign air transportation of persons, prop erty, and mail between points in the United

States and points in the Bahamas. 1

Applicant rep: Robert E. Cohn (202) 637

- 4999 DOT Analyst: Brett D. Krug er (202) 366

- 8025

D I S P O S I T I O N

XX Granted (subject to conditions ; see remarks below)

The above action was effective when taken: February 8 , 20 11

, through February 8 , 201 3

. Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The U.S.

- Bahamas authority granted is consistent with the 1946 Air Transport A greement between the United States and the United Kingdom , as amended, to which the Government of the Bahamas acceded upon its independence, and with the overall state of aviation relations between

the United States and t he Bahamas.

Except to the extent e xempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holder’s certificate s of public convenience and necessity

XX

____________________________________________________________________________________ Standard Exemption Conditions (attached)

Remarks : We acted on this application without awaiting expiration of the 15

- day answer period with the consent of all parties served with the application. Our grant includes the authority for Republic to

conduct i ndependent operations, subject however, to the 45

- day advance notice condition imposed by the Department in Order 2009

- 9

- 13 , ordering paragraph 3.

1 Republic states that it plans to initially operate as a US Airways Express carrier between Charlotte, Philadelphia, and Washington, D.C., on the one hand, and Nassau, Bahamas, on the other hand, beginning on or about June 2, 2011. Republic further states that it may operate other flights between the United States and the Bahamas in the future to accommodate service requirements of its affiliates or other fee

- for

- service/code

- share partners, or to fulfill its own service aspir ations. Accordingly, Republic requests that this exemption authority be granted without

limitation to fee

- for

- service or code

- share operations so that it could also conduct independent operations

.

### 2

On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the applicant qualified to provide the services authorized.

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) grant of the application was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Co nservation Act of 1975. To the extent not granted, 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 Depa rtment 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

### A TTACHMENT U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if auth orized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administratio n, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning secu rity, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security

Administra tion has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with a ll applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008