UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on June 19

, 2012

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 0

- 7842

__________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming ord er will be issued in this matter).

Applicant : Air Ambulance Service Ltd. Date Filed: May 1 7 , 20 10 (as supplemented) 1

Relief requested: Renew exemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger and/or cargo

charter operations between t he Bahamas and the United States, and other U.S. charters in accordance with 14 CFR Part 212, using aircraft designed to have maximum passenger capacity of not more than 60 seats and a maximum payload capacity of not more than 18,000 po unds.

If renewal, date and citation of last action: June 9, 2009, in this docket

Applicant representative: Dr. Fra nklin W. Walkine (242) 326

- 7562 DOT Analyst: Robert J. Finamore (202) 366

- 2405

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : June 19 , 2012

Effective dates of exemption authority granted: June 19 , 2012, through June 19 , 2013.

Basis for approval (bilateral agreement/ reciprocity): Reciprocity with t he Bahamas

.

Except to the ex tent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached).

Special conditions/Partial grant/Denial basis/Remarks: In the conduct of these operations, the carrier may only use aircraft designed to have a maximum passenger capacity of not more than 60 seats and a maximum payload capacity of not more than 18,000 pou nds. The above grant included authority to conduct Third and Fourth Freedom charters, without prior approval. Other charter operations to and from the United States under this authority, however, are subject to prior approval under 14 CFR Part 212.

A cti on taken by: Paul L. Gretch, Director

Office of International Aviation

__________________________________________________________________________________________________ Under auth ority 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 consist ent with the public interest; and (4) grant of the authority would not constitut e 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 t ime 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 regulati ons, 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 On May 9, 2011 and May 15 , 2012, the applicant filed additional applications. Although those applications were styled in the form

of additional renewal requests, we are treating them as supplements to the May 17, 2010 renewal application.

### 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 Admin istration, 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 i ts 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 t o 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 co mpleted 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 autho rity 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 s pecifically 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 waive r 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

tran sportation 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, exce pt 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;

(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 rul es 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