UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 29 , 2012



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2003

- 15552

_____________________________________________________________________________________________________________________________ ___ 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).

Applicant : 

### Sky Bahamas Airline (Sky Bahamas) Date s Filed: July 6, 2011 and August 28, 2012

Relief requested :

1. Renew al of exemption from 49 U.S.C. § 41301 to engage in the following services using small aircraft:

( a ) Scheduled foreign air transportation of persons, property

, and mail between : 1) Exuma, Marsh Harbour, and New Bight, Bahamas and Ft. Lauderdale, Florida; and 2) Exuma, Marsh Harbour, and New Bight, Bahamas and West Palm Beach, Florida;

( b) Scheduled foreign air transportation of persons, property

, and mail between : 1) Freeport and Arthur’s Town

Bahamas and Ft. Lauderdale, Florida; and 2) Freeport and Arthur’ s Town, Bahamas and West Palm Beach, Florida;

(c ) Charter foreign air transportation of persons, property

, and mail between a point and points in the Bahamas,

on the one hand , and a point or points in the United States, on the other hand; and

( d ) Other charters pursuant to Part 212 of the Department’s regulations.

2. Exemption from 49 U.S.C. § 41301 to engage in, using small aircraft, scheduled foreign air transportation of persons, property, and mail between: 1) Nassau, Bahamas, and Ft. Lauderdale, Flori da; and 2) Nassau, Bahamas, and West Palm Beach, Florida. 1

D ate and citation of last action s : July 16, 2010

, November 18, 2010

, and June 28, 2011, in this docket

Applicant representative: Pierre Murphy (202) 776

- 3980 DOT Analyst: Robert Finamore (202) 366

- 2405

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : August 29 , 2012 2

Effective dates of exemption authority granted: August 29 , 2012

– August 29 , 2013

Basis for approval ( bilateral agreement/reciprocity): Comity and r eciprocity

.

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

X Standard exemption conditions (attached) Foreign air carrier permit ( Order )

1 The applicant styled its August 28, 2012 application for Nassau

- Ft. Lauderdale and Nassau

- West Palm Beach authority as a renewal request. We note, however, that the applicant’s pr evious authority in this Docket to serve those markets had lapsed. Our action here thus does not constitute a renewal of that portion of the applicant’s request.

2 We acted on the applicant’s August 28, 2012 request without awaiting expiration of the 15

- d ay answer period with the consent of all parties served.Special conditions/Remarks: The authority granted to Sky Bahamas is limited to operations involving aircraft designed to have a maximum passenger capacity 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, 1 4 CFR Part 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department policy; (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/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this N otice 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.gov12/2007 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

Sec urity 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. Governmen t 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 Represen tative (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 serv ed;

(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 Fe deral 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 opera tional 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 agr eement 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 consi dered 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 P art 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, a nd 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.