UN I TE D S TATE S O F A M ER I CA

DE P ART M EN T O F TRAN SP O RTAT I O N

O F F I C E O F T H E S ECRETAR Y

W A S H I NGT O N

, D

. C.

I ssued by t he D epa r t m ent o f T r a nsp o rt a t i on on May 17 , 2012



### NO T ICE OF AC T ION T A K E N

- - DO C K E T D O T

- O ST

- 2001

- 10006

_____________________________________________________________________________________________________________________ This serves as notice to the public of t h e action described below, taken by the Depart m ent official indicated (no

additional confir m ing order will be issued in this m atter).

Applicant: Jetport Inc. Date Filed: April 25, 2012

Relief requested: Renew exe m ption from 49 U.S.C. § 41301 to per m it the applicant to conduct, using s m all aircraft,

passenger charter operations between Canada and the United States, and other passenger charters in accordance with

14 CFR Part 212.

If renewal, date and citation of last action: June 2, 2010, in this Docket

Applicant representative: Roger Adair, 905

- 679

- 2400 DOT Anal y st: Catherine Brown

, 202

- 366

- 2390

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: May 17 , 2012

Effective dates of authority grant e d: May 17 , 2012

– May 17 , 2014

Basis for approval (bilateral agree m ent/reciprocit y ): United States

- Canada Air Transport Agree m ent

Except to the extent exe m pted/waived, this authority is sub j ect to the ter m s, conditions, and li m itations of our standard

exe m ption conditions (attached).

Special conditions/Re m arks: In the conduct of these operations, the carrier m u st adhere to all applicable provisions of

the U.S.

- Canada Agree m ent, and m ay only use aircraft designed to have a m axi m u m passenger capacity of not m o re

than 60 seats and a m axi m u m pa y load capacity of not m o re than 18,000 pounds.

Action taken b y : Paul L. Gretch, Director

Office of International Aviation

Under authority assigned by the Depart m ent in its regulat i ons, 14 CFR Part 385, we found that (1) the applicant is qualified to

perform the proposed operations; (2) our action w as consistent with Depart m ent polic y ; (3) grant of the authority was consistent

with the public interest; and (4) grant of the authority would not constitute a m ajor 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 m ay

a m end, m odif y

, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Depart m ent for review of t h e action set forth in this Notice under the Depart m ent’s regulations,

14 CFR § 385.30, m ay file their petitions within seven (7) da y s 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 t h is document is available on t h e World Wide Web at:

h tt

p ://www.re gu l a ti on s. go vForeign Carrier Exemption Conditions

In the conduct of the operations authorize d

, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its ho m eland for such

operations, and it has filed a copy of such authorization with the Depart m ent;

(2) Co m p ly with all applicable require m ents of the F e deral Aviation Ad m inistration, the Transportation Security

Ad m inistration, and with all applicable U.S. Gover n m ent require m ents concerning securit y

, including, but not

li m ited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure co m p liance with all

applicable U.S. Govern m ent require m ents concern i ng securit y

, the holder shall, before co mm encing 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 Represent a tive (IIR) (for m erly referred to as International Principal Security

Inspector) to advise the IIR of its plans and to find out whether the Transportation Security Ad m inistration has

deter m ined that security is adequate to allow such airport(s) to be served;

(3) Co m p ly with the require m ents for m ini m u m insurance coverage contained in 14 CFR Part 205, and, prior to the

co mm ence m ent of any operations under this authorit y

, file evidence of such coverage, in the form of a co m p leted

OST Form 6411, with the Federal Aviation Ad m inistr a tion’s Program Manage m ent Branch (AFS

- 260), Flight

Standards Service (any changes to, or ter m ination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it co m p lies with operational safety require m ents at least

equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and air m an co m p etency require m ents of its Govern m ent for international air

services;

(6) Except as specifically exe m pted or otherwise prov i ded for in a Depart m ent Order, co m p ly with the

require m ents of 14 CFR Part 203, concerning waiver of Warsaw Convention liability li m its and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign i mm unit y

, 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 oper a tions 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 agree m ent or treaty cognizable in any court or other tribunal of the United States. In this

condition, the term "international air transportation" m ea n s "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 Depart m ent, o r iginate or ter m inate all flights to/from the United States

in its ho m eland;

(9) Co m p ly with the require m ents of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and

charter data;

(10) If charter operations are authorized, except as otherw i se provided in the applicable aviation agree m ent, co m p ly

with the Depart m ent ' s rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Co m p ly with such other reasonable ter m s, condition s

, and li mitations required by the public interest as m ay be

prescribed by the Depart m ent, 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 co m p liance with the conditions

i m posed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Depart m ent

approval under Title 49 of the U.S. Code.

12/2007