UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 8 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 1998

- 3771

________________________________________________ ________________________________________________ ________ 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 : LIAT (1974) Limited (LIAT) Date Filed: April 5

, 2 0 1 2

Relief requested: Renewal of e xemption from 49 USC § 41301 to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property and mail between (a) the coterminal points Antigua and Barbuda,

Mon t serrat, and St. Kitts and Nevis; via the intermediate points Anguilla, the British Virgin Islands, and St. Maarten; and the coterminal points St. Croix, St. Thomas, and San Juan, Puerto Rico; and beyond to Santo Domingo, the Dominican Rep ublic; (b) the coterminal points Antigua and Barbuda, and St. Kitts and Nevis, via the intermediate points St. Maarten and St. Lucia; and the terminal point Miami, Florida; (c) San Juan and St. Vincent, and beyond to Port of Spain, Trinidad; and (d) San Ju an and Dominica; and (2) charter foreign air transportatio n of persons, property

and mail pursuant to 14 C.F.R. Part 212 of the Department’s regulations

. LIAT also requests amendment of that authority to conduct scheduled foreign air transportation of per sons, property, and mail between San Juan, Puerto Rico and St. Vincent, and beyond to Bridgetown, Barbados. LIAT asks that this authority be granted for a period of two

years.

If renewal, date and citation of last action: April 1 8 , 20 1 1 , in this D ocket

.

Applicant representative: Lee A. Bauer

, (202) 331

- 3300 DOT ana lyst: Brett D. Kruger

, ( 202 ) 366

- 8025

Responsive pleadings: None.

DISPOSITION

Action: Approved in part, dismissed in part 1 Action date: May 8 , 20 1 2

Effective dates of authority granted: May 8 , 20 1 2 , through May 8

, 20 1 3

.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption cond itions (attached).

Remarks: We found that LIAT has been properly licensed by the Government of Antigua and Barbuda to conduct the operations at issue here, that it continues to be substantially owned by a consortium of Caribbean countries, and that

rec iprocity and our overall aviation relations with those owner countries support grant of the renewed authority sought by the applicant.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_______________________________________ _________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) the applicant was qualified 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 an d Conservation Act of 1975. To the extent not granted/def erred/dismissed, 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.

1 LIAT sought authority for a two

- year period. The one

- year duration of the authori ty we granted is consistent with our usual policy of granting exemption authority in the circumstances presented. We, therefore, dismissed the application to the exten t that it sought authority for a longer period.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 effec tive when taken, and the filing of a petition for review will not alte r such effectiveness.

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

### Foreign Carrier Exemption Conditions

In the conduct of the operations aut horized, 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 wit h 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, 14 CFR Parts 129, 91, and 36 and 49 C FR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government 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 Representative (IIR ) (formerly referred to as International Principal Security Inspector) to advise the I IR of its plans and to find out whether the Transportation Securit y 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 aut hority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed wit h that office);

(4) Not operate aircraft under this authority unless it complies 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 G overnment 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) Ag ree 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 carri age 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 States. In this condition, the term "international air transportation" means "internationa l 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 Department, originate or terminate all fligh ts 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 otherwise provided in the appl icable 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 th e Department, 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 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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