UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 15, 2013



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2004

- 18519

________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be i ssued in this matter).

Applicant: Image Air Charter Ltd Date Filed: July 18, 2013

Relief requested: Amend exemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger charter operations between Canada and the United States, and o ther passenger charters in accordance with 14 CFR Part 212, using small aircraft. 1

Date and citation of last action: February 2 3, 201 2 , in this docket

.

Applicant representative: Pierre Murphy (202 ) 776

- 3975 DOT Analyst: Shelita A. Johnson (202) 366

- 122 6

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: August 15, 201 3

Effective dates of exemption authority granted: August 15, 2013

– August 15, 2015

Basis for approval (bilateral agreement/reciprocity): United States

- Canada Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

Special conditions/Remarks: In the conduct of these operations, the carrier must adhere to all applicable provisions of the Agreement, and may only use aircraft designed to have a maximum passenger capaci ty of not more than 60 seats and a maximum payload capacity of not more than 18,000 pounds.

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) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department pol icy; (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 Poli cy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we d enied 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 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 effe ctive 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

1 The applicant states that it i s requesting amendment of its exemption authority as a result of a recent change in its ownership from a Canadian citizen to another Canadian entity. The record indicates that 100% of the applicant’s shares were transferred from Mr. Miguel Mendes, a Canadi an citizen, to I.M.P. Group Limited, a foreign air carrier of Canada that currently holds exemption authority and has previously been found to be substantially owned and effectively controlled by citizens of Canada. ( See Docket

DOT

- OST

- 2002

- 13814.) We have determined that the applicant remains substantially owned and effectively controlled by

citizens of its claimed homeland.

### Foreign Carrier Exemption 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 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 appl icable. 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 fo r 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

determin ed 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 ope rate 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 a ir 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 thi s 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 operat ions 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 Unit ed 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, c omply 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. Moreove r, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

12/2007