UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on July 28 , 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 issued in this matter).

Application of SKY LEASE, INC., d/b/a/ TRADEWINDS, d/b/a TRADEWINDS AIRLINES ( TradeWinds ) filed 6/26/11 for:

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

Scheduled foreign air transportati on of property and mail between a point or points in the United States, via intermediate points, to a point or points in Colombia and beyond . TradeWinds also
requests to integrate this authority with its existing exemption and certificate authority

.
Appl icant rep : William C. Evans (202) 827

- 5074 DOT Analyst: Brett D. Kruger (202) 366

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D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: July 28 , 20 1 1 through July 28 , 20 1 3

.

Action tak en by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

Colombia.

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

indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Condition s: The authority granted to serve intermediate and beyond points is limited to countries with which the United States has signed open

- skies agreements and/or countries for which TradeWinds holds authority to serve under certificates and exemptions issued by the Department, and for which it holds route integration authority by vir tue of either the present action or other action of the Department.

The route integration authority granted is subject to the condition that any service provided under this exemption shall be consistent with all applicable agreements between the United States and the foreign

countries involved. Furthermore, (a) nothing in the award of the route integration authority requested should be construed as conferring upon TradeWinds rights (including fifth

- freedom intermediate and/or beyond rights) to serve mar kets where U.S. carrier entry is limited unless TradeWinds notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be aut horized to exercise such rights; and (b) should there be a request by any carrier to use the limited

- entry route rights that are

included in Tradewind s ’ authority by virtue of the route integration exemption granted here, but that are not then being used b y TradeWinds , the holding of such authority by route integration will not beconsidered as providing any preference for TradeWinds in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the exemption 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 authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation A ct 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 Department for r eview 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 f or review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

### ATTACHMENT U.S. Carrier Exemption Conditions

In the cond uct 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 authorized);

(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 Administration, 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. Gover nment requirements concerning security, 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 Administration 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 De partment of Transportation, with all 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

w ith the conditions imposed above.

1/2008