Served: January 5, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

NOTICE

Japan Charter Authorizations (January 1 – December 31, 2010)

Under the terms of the 2007 U.S.-Japan Record of Discussion (2007 ROD), U.S. carriers may operate an unlimited number of one-way charter flights (hereinafter we refer to “one-way charters” simply as “charters”) between the United States and Japan during the 2010 calendar year (January 1-December 31, 2010), subject to the limitation that no more than five hundred (500) of these charters may operate to or fr om Tokyo. As a result of the 2007 ROD, U.S. carriers only require a Notice of Consistency from the Department when operating charters to or from Tokyo. 1

By Notice dated December 20, 2007, we establishe d new procedures to allocate charters to U.S. carriers for charter operations in the U.S.-Tokyo market for the 2008 calendar year. Those procedures remained in place for the 2009 calendar year, and we have determined that the demand for U.S.-Tokyo charters for the 2010 cal endar year can continue to be met using those same allocation procedures. 2

Specifically, the 500 U.S.-Tokyo charters will be available to U.S. carri ers for distribution on a first-come, first-served basis subject to the following procedures and conditions: 3

1. Applications to operate U.S.-Tokyo charters may be filed no earlier than 120 days in advance of the flight date. 4 For the period January 1 through October 31, 2010, carriers may apply for up to 50 charters per month. After October 31, 2010, no restrictions apply on the number of charte rs that may be applied for each month;

1 This does not relieve U.S. carriers from the requir ement to obtain proper authorization for all U.S.-Japan charters from the Japan Ministry of Land, Infrastructure and Transport (MLIT).

2 The number of charters available to U.S. air carriers was increased from 400 to 500 for the 2009 calendar year and beyond.

3 Should the new U.S.-Japan Open Skies Agreement, initialed on Decembe r 11, 2009, but not yet formally entered into force, raise a need to alter these procedures during the course of the charter year, we will so indicate by subsequent notice.

4 Applications should be sent by e-mail to robert.finamore@dot.gov , or by fax to 202-366-3694.2. Applications must identify the type of char ter (passenger or cargo) ; the date of each one-way flight; the charterer(s); the city-pai r markets involved by direction; the type of aircraft to be used; and (for cargo charters) the type of cargo transported. Carriers may be asked to provide copies of signed charter contracts;

3. The Department will grant U.S.-Tokyo char ter pool allocations by providing a Notice of Consistency to applicant carriers; 5

4. Carriers receiving a charter pool allocation shall, in writing, return any unused allocations to the U.S. Air Carrier Licensing Division; 6

By:

Paul L. Gretch, Director

Office of International Aviation

(SEAL)

Dated: January 5, 2010

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

5 The carrier must also obtain pr oper authorization for its U.S.-Tokyo charters from the Japan MLIT.

6 This notification must be received within two business days of the carrier’s determination that an allocated flight or flights will not operate.