UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on July 6, 2010

NOTICE OF ACTION TAKE N -- DOCKET DOT-OST-2010-0110

________________________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order w ill be issued in this matter).

Joint Applicants: SALSA D’HAITI (Salsa) Date Filed: April 28, 2010, as supplemented June 21, 2010

Relief requested: Exemption under 49 USC § 40109 to engage in scheduled foreign air transportation of persons, property, and mail between Port-au-Prince, Haiti and Miami, Florida, utilizing aircraft wet leased from, or pursuant to a code-share arrangement with, a duly authorized and properly supervised U.S. or foreign air carrier. 1 2

Applicant rep: Charles F. Donley II, 202-626-6840 DOT analyst: Thuy H. Cooper, 202-366-5423

Responsive pleadings: None filed

DISPOSITION

Action: Approved (subject to conditions, see below). Action date: July 6, 2010

Effective dates of exemption authority granted: July 6, 2010, through July 6, 2011

Basis for approval (bilateral agreement/reciprocity): Comity and reciprocity with Haiti.

Except to the extent exempted/waived, this authority is subj ect to the terms, conditions, a nd limitations indicated:

X Standard foreign air carrier exemption conditions (attached)

Special conditions/Remarks: Based on the record in this case, we find that Salsa is financially and operationally qualified to perform the services authorized above. However, we are unable to find that Salsa is substantially owned and effectively controlled by Haitian nationa ls. Salsa states that it is owned 51% by Marie-Flore Mondesir, a citizen of Haiti, 48% by Arienthiran N. Prakash, a citizen of the United States, and 1% by Eric Felicie, a citizen of France. In addition, the applicant states that its President is a citizen of the United States, and that its other key management officials include one Haitian citizen (Director of Finance) , and citizens of the United States, France, Mexico, and Honduras. In spite of the fact that we are unable to find th at Salsa is substantially owne d and effectively controlled by homeland nationals, we find it appropriate to waive our ownership and control requirements in the circumstances presented, as there is no evidence on the record which would suggest that the ownership and control of the carrier would be inimical to U.S. aviation policy or interests.

Salsa may not conduct U.S. operations w ith its own aircraft and crews without further action by the Department. 3

Action taken by: Paul L. Gretch, Director

Office of International Aviation

___________________________________________________________________________________________________________ Under authority assigned by the Department in its regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant was qua lified to perform 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 Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Dockets. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

1 Salsa states that it will not operate any of its aircraft to or from the United States.

2 Salsa states that it has entered into a wet lease agreement w ith Insel Air International B.V. (Insel) and that it will wet lea se aircraft from Insel for Salsa’s Port -au-Prince-Miami scheduled service.

3 Haiti is currently a Category 2 country under the FA A’s International Aviation Safety Assessment Program.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 thei r petitions within seven (7) days after th e date of issuance of this Notice. This action was effective 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.govATTACHMENT Foreign Carrier Exemption Conditions

In the conduct of the operations author ized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective aut horization from its homeland for such operations, and it has filed a copy of su ch authorization with the Department;

(2) Comply with all applicable requirements of the Fe deral 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 secur ity, 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) (fo rmerly 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 ev idence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Pr ogram Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insu rance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it compli es 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 fo r in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Wa rsaw 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 inte rnational air transportation that, according to the contract of carriage, include a point in the United States as a point of orig in, 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 St ates. In this condition, the term "international air transportation" means "international tran sportation" as defined by the Warsaw Convention, except that all States shall be considered to be High C ontracting 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 otherwi se provided in the applicable aviation agreement, comply with the Department's rule s 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 re gulations of other U.S. agenci es and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period wh en 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.

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