UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 18 , 20 1 1



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- 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 (LIAT) Date Filed: March 10

, 2 0 1 1

Relief requested: Renewal of e xemption from 49 USC § 41301 to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property and mail between (a) the coterminal points Anti gua and Barbuda,

Mon t serrat, 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 transportatio n of persons, property

and mail pursuant to 14 C.F.R. Part 212 of the Department’s regulations

. LIAT asks that this authority be renewed for a period of two years.

If renewal, date and citation of last action: April 2 8 , 20 10 , in this D ocket

.

Applicant representative: Lee A. Bauer

, (202) 331

- 3300 DOT ana lyst: Brett D. Kruger 202

- 366

- 8025

Responsive pleadings: None.

DISPOSITION

Action: Approved in part, dismissed in part 1 Action date: April 18 , 20 11

Effective dates of authority granted: April 18 , 20 11 , through April 18 , 20 1 2

.

Except to the extent exempted/waived, this authority is subject to the terms, con ditions, 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 own ed 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 by the applicant.

Action taken by: Paul L. Gretch, Director, Office of Internat ional Aviation

________________________________________________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Depart ment policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent wi th the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy an d

C onservation 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.

1 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 exten t that it sought authority for a longer period.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 effec tive

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 Exe mption 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 s uch 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, bu t 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 f lights) 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 I IR of its p lans 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, pri or 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 t o, 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 ai rworthiness 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 Wa rsaw 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 ag reed 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 authori zed 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 a re 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 req uired 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 wh en 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.

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