UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

 Issued by the Department of Transportation on April 8, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0092

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).

Application of SKY LEASE I, INC. (“Sky Lease”) filed 3/12/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between a point or points in the United States, on

the one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate

points and beyond China. Sky Lease also requests that this exemption authority be integrated with its

existing exemption and certificate authority.

Applicant rep: John Mietus (202) 747-5212 DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted, subject to conditions (see below)

The above action was effective when taken: April 8, 2013 through April 8, 2015.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the

United States and the People’s Republic of China.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Special conditions/Remarks: The route integration authority granted is subject to the condition that any service

provided under this exemption shall be consistent with all applicable agreements between the United States and

the foreign countries involved. Furthermore, (a) nothing in award of the route integration authority granted should 

be construed as conferring upon Sky Lease rights (including fifth- freedom intermediate and/or beyond rights) to

serve markets where U.S. carrier entry is limited unless Sky Lease notifies the Department of its intent to serve

such a market and unless and until the Department has completed any necessary carrier selection procedures to

determine which carrier(s) should be authorized to exercise such rights; and (b) should there be a request by any

carrier to use the limited-entry route rights that are included in Sky Lease’s authority by virtue of the route

integration exemption granted here, but that are not then being used by Sky Lease, the holding of such authority by

route integration will not be considered as providing any preference for Sky Lease in a competitive carrier

selection proceeding.
On the basis of data officially noticeable under Rule 24(g) of the Department'sregulations, we found the applicant qualified to 

provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with

Department policy; (2) grant of the authority was consistent with the public interest; and (3) 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 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 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.gov
Attachment

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage 

to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply 

with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits 

and defenses;

(6) 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, 49 CFR Part 1544. To assure compliance with 

all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing any new service (including charter flights) to or from a foreign airport, contact its 

Principal Security Inspector (PSI) to advise the PSI 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance 

with the conditions imposed above.

1/2008