Order 2013-5-12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 14th day of March, 2013

Served: May 15, 2013

Application of

8199400 CANADA INC. 

d/b/a ARCTIC SUNWEST CHARTERS 

 Docket DOT-OST-2012-0219 

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

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

FINAL ORDER

By Order 2013-2-19, issued February 20, 2013, 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 8199400 Canada 

Inc. d/b/a Arctic Sunwest Charters the foreign air carrier permit and 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 USC § 41307, this order shall 

become effective on the 61st 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

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket DOTOST-2012-0219; and

 1 This order was submitted for review under 49 USC §41307 on March 14, 2013. The 61st day is May 14, 2013. Since the 

President or his designee did not disapprove this order before that date, it became effective on May 14, 2013
4. 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)

Appendix

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

http://www.regulations.gov
 Issued by

 Order 2013-5-12

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER

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

8199400 Canada Inc. d/b/a Arctic Sunwest Charters

A Foreign Air Carrier of Canada c 

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:

Charter foreign air transportation of passengers, property and mail between any point 

or points in Canada and any point or points in the United States, and between any point 

or points in the United States and any point or points in any third country or countries, 

provided that, except with respect to cargo charters, such services constitute part of a 

continuous operation, with or without a change of aircraft, that includes service to 

Canada for the purpose of carrying local traffic between Canada and 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.

In the conduct of these operations, the holder may only use aircraft capable of carrying no more 

than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

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 applicable 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 shall become parties.

This permit shall be effective on May 14, 2013. 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 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 service 

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 any 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 if 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 executed this permit and affixed its seal on March 14, 

2013.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
Foreign Air Carrier Permit Conditions

In the conduct of the operations 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 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, 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 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, 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 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 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. 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 

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 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 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 authority cannot be sold or otherwise transferred without explicit Department 

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

12/2007