Order 2010

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 15 th day of January, 2010

Served: March 18, 2010

Application o f

CARGOJET AIRWAYS LTD. Docket s DOT

- OST

- 2004

- 17314

DOT

- OST

- 2004

- 17315

for a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 2009

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- 18, issued on the 23 rd day of December, 2009, 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 Cargojet Airways

Ltd. t he foreign air carrier permit and 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 61 st 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 and

1 This order was submitted for review under 49 USC §41307 on January 15, 2010

. The 61 st day was March 17, 2010. Since

the President or his designee did not disapprove this order before that date, it became effective on March 17, 2010.- 2

-

3. We will serve a copy of this order on the applicant, the Embassy of Canada 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 2010

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### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER



### ----------------------------------------- ----------------

CARGOJET AIRWAYS LTD.

A Foreign Air Carrier of Canada

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 enga ge in :

Foreign scheduled and charter air transportation of persons, property, and mail from points

behind Canada, via Canada and intermediate points, to a point or points in the United States

and beyond;

Foreign scheduled and charter air transportation o f property and mail between any point or

points in the United States and any other point or points

The holder shall also be authorized to engage in and 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 app licable

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 sh all become parties.

This permit shall be effective on March 17, 2010 . 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 dissoluti on or liquidation of the holder to whom it was issued; (2) upon the effective date of

any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the

bilateral right for the service authorized by this permit from the servi ce which may be operated by

airlines designated by the Government of Canada (or, if the right is partially eliminated, then the

authority of this permit shall terminate in like part); (3) upon the effective date of any permit granted

by the Department to a ny other carrier designated by the Government of Canada in lieu of the holder;

or (4) upon the termination or expiration of the applicable air services agreement between the United

States and Canada. However, clause (4) of this paragraph shall not apply i f prior to such termination

or expiration, the foreign air transportation authorized herein becomes the subject of another treaty,

convention or agreement to which the United States and Canada become parties.The Department of Transportation has execute d this permit and affixed its seal on January 15, 2010.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, t he 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 requir ements 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, a s 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 depart ure 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 de termined 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 suc h 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

servic es;

(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 constit ute 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 internation al 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) b ased 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 Conven tion, 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 a Member State of the European Union;

(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 w ith 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 o rders 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 auth ority cannot be sold or otherwise transferred without explicit Department

approval under Title 49 of the U.S. Code.

12/2007