Order 20 1 5

- 6

- 10

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 6 th day of April

, 201 5

Served: June 9 , 201 5

Application of

AIR CALEDONIE INTERNATIONAL S.A. Docket DOT

- OST

- 20 1 5

- 0 003

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

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

FINAL ORDER

By Order 20 1 5

- 3

- 7 , issued on March 12 , 201 5

, 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 objecti ons to the Order. We said that if no

objections were filed, all further procedural steps would be deemed waived, and the Department

would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make

final the findings and conclu sions of the Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as s tated in the Order and award to Air Caledonie

International S.A. the foreign air carrier permit with associated conditions attached to the Order

(and attached as the Appendix to the present order);

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission fo r 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 occur s earlier; 1

1 This order was submitted for review under 49 U.S.C. §41307 on April 6 , 201 5

. The 61 st day is June 8 , 201 5

. Since the President or his designee did not disapprove this order before that date, it became effective on

June 8

, 201 5

.2

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket

DOT

- OST

- 201 5

- 0 003 ; and

4 . We wil l serve a copy of this order on Air Caledonie International S.A. ; the Embassy of

France in Wa shington, D.C. ; the Department of State ; and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

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

http://www.regulations.govI ssued by

O rder 20 1 5

- 6

- 10

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER

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



### AIR CALEDONIE INTERNATIONAL S.A.

A Foreign Air Carri er of France

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:

Scheduled and charter foreign air transportation of persons, property, and mail from

any point or points behind New Caledonia, via any point or points in New Caledonia and

any intermediate points, to any points or points in the United States.

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,

condit ions 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 duri ng the period this permit remains

in effect, to which the United States and the holder’s homeland are or shall become parties.

In addition, in the conduct of the operations authorized, Air Caledonie International S.A. may

only operate through a code

- share arrangement with a duly authorized and properly supervised

U.S. or foreign air carrier, where Air Caledonie International S.A. is not physically operating the

flight to and from the United States.

This permit shall be effective on June 8

, 201 5

. Unless otherwise terminated at an earlier date

pursuant to the terms of any applicable treaty, convention or agreement, this permit shall

terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon

the effective date of any tre aty, convention, or agreement or amendment, which shall have the

effect of eliminating the bilateral right for the service authorized by this permit from the service

which may be operated by airlines designated by the Government of France (or, if the right is

partially eliminated, then the authority of this permit shall terminate in like part); (3) upon theeffective date of any permit granted by the Department to any other carrier designated by the

Government of France in lieu of the holder; or (4) upon the termination or expiration of the

applicable air services agreement between the United States and France . However, clause (4) of

this paragraph shall not apply if prior to such termination or expiration, the foreign air

transportation authorized here in becomes the subject of another treaty, convention or agreement

to which the United States and France become parties. The Department of Transportation has

executed this permit and affixed its seal on April 6 , 201 5

.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)Foreign Air Carrier Permit Conditions Appendix

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

Administratio n, 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 con cerning 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) (form erly 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 wi th 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 Admi nistration’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 requir ements 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 Depa rtment 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. 16 05(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, in clude 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 cognizabl e 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 Contracti ng 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 l aws 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

approva l under Title 49 of the U.S. Code.

12/2007