UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 20, 2010



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 9

- 00 37

_______________________________________________ _________________________________________________ ________ 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).

Joint Applicant s : 

### Inter national Jet Management GmbH Date Filed: February 17, 2010

Relief requested: Exemption under 49 U.S.C. §40109 to engage in:

a. foreign charter air transportation of persons, property, and mail from any point or points behind any Member

State of the Euro pean Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond;

b. foreign charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;

c. other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s Economic regulations; and

d. transportation authorized by any additional route rights that may be made available to European Union carriers in

the future

.

Applicant representative: Richard A. Asper & C.A. Southerland, (954) 763

- 4848

DOT analyst: Shelita Johnson 202

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- 1226 Responsive pleadings: None.

DISPOSITION

Act ion: Approved

. Action date: May 20, 2010

Effective dates of authority granted: May 20, 2010 through May 20, 2012

Basis for approval (bil ateral agreement/reciprocity): U .S.

- E U A ir Transport Agreement

.

Except to the extent exempted/wai ved, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached)

.

Special conditions/Remarks: Based on the record in this case , w e found that International Jet Management an Austrian carrier, is ope rationally and financially qualified to conduct the proposed services, and that it is substantially owned and effectively controlled in a manner consistent with the provisions of the US.

- EU Agreement. 1 We also note that the applicant is properly licensed by its homeland to perform the proposed services. In addition, by memorandum dated April 21, 2010, the FAA advised us that it knows of no reason why we should act unfavorably on the applicant’s request.

With regard t o the authority granted here to Inte rnational Jet Management to conduct transportation authorized by any additional route rights made available to European Union carriers in the future, we are requiring International Jet Management, before it commences any new service under this authority, t o provide us with evidence in this Docket that it holds a homeland license for that new service, unless it has already provided such evidence.

1 We make this finding based on the Procedures for Reciprocal Recognition of Regulatory Determinations wi th Regard to Airline Fitness and Citizenship, adopted by the U.S.

- EU Joint Committee on January 12, 200 9.Action taken by: Paul L. Gretch, Director, Office of International Aviation

_________________________________ _______________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) the applicant was qualified to p erform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Co nservation Act of 1975. To the extent not grant ed/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.

Persons entitled to petition the Department for review of the acti on 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 for review will no t alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.govForeign Air Carrier Exemption Conditions

In the conduct of the operation s 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 ap plicable 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 Admini stration 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 internati onal 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 au thority 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 S tates; 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 th e 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 a

Membe r 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 agre ement, 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 a ll 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. More over, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

EU carrier 01/2008