Order 2013-3-11

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 14th day of January, 2013

Served: March 19, 2013

Application of

ANGUILLA AIR SERVICES LTD Docket DOT-OST-2012-0191 

for an exemption under 49 U.S.C. § 40109 and a foreign 

air carrier permit under 49 U.S.C. § 41301

FINAL ORDER

By Order 2012-12-15, issued December 21, 2012, we directed all interested persons to show cause 

why we should not make final our tentative findings and conclusions stated therein and award a foreign 

air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We 

gave interested persons 21 days to file objections to the Order. We said that if no objections are filed, 

all further procedural steps shall be deemed waived, and the Department will enter an order (subject to 

Presidential review under 49 USC §41307) which will make final the findings and conclusions of the 

Order. 

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in the Order and award to Anguilla Air 

Services Ltd the foreign air carrier permit subject to the conditions attached to the Order (and attached 

to the present order as Appendix A);

2. Unless disapproved by the President of the United States under 49 USC §41307, this order shall 

become effective on the 61st day after its submission for section 41307 review or upon the date of 

receipt of advice from the President or his designee under Executive Order 12597 and implementing 

regulations that he or she does not intend to disapprove the Department’s order under that section, 

whichever occurs earlier;1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket DOTOST-2012-0191; and

 1 This order was submitted for review under 49 USC §41307 on January 14, 2013. The 61st day is March 18, 2013. Since 

the President or his designee did not disapprove this order before that date, it became effective on March 18, 2013.
4. We will serve a copy of this order on the applicant, the Embassy of the United Kingdom in 

Washington, D.C., the Department of State, and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
 Issued by

 Order 2013-3-11

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

--------------------------------------------------------

FOREIGN AIR CARRIER PERMIT 

---------------------------------------------------------

ANGUILLA AIR SERVICES LTD

A Foreign Air Carrier of the United Kingdom 

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the 

orders, rules, and regulations of the Department of Transportation, to engage in:

Charter foreign air transportation of persons, property and mail between points in the British 

Virgin Islands and points in the United States and beyond, with or without stopovers.

In the conduct of these operations authorized, the holder may only use aircraft capable of carrying no more 

than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to 

the terms, conditions, and limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and 

limitations in both the order issuing this permit and the attachment to this order, and to all applicable 

provisions of any treaty, convention or agreement affecting international air transportation now in effect, or 

that may become effective during the period this permit remains in effect, to which the United States and 

the holder’s homeland are or shall become parties.

This permit shall be effective on March 18, 2013, and shall terminate five years thereafter; provided, that if 

during said period the operation of the foreign air transportation authorized becomes the subject of any 

treaty, convention or agreement to which the United States and the applicant’s homeland are or shall 

become parties, then this permit is continued in effect during the period provided in such treaty, 

convention, or agreement.
The Department of Transportation has executed this permit and affixed its seal on January 14, 2013.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
Foreign Air Carrier Permit 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 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;

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