Order 2010-3-19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 th day of January, 2010

Served: March 16, 2010

Application of

JET AIRWAYS (INDIA) LTD. Docket DOT-OST-2005-21135

for a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 2009-12-15, issued December 18, 2009, we di rected all interested persons to show cause why we should not make final our tentativ e findings and conclusions stated therein and award a foreign air carrier permit in the form atta ched to the Order and subject to the conditions attached thereto. We gave interested persons 21 da ys to file objections to the Order. We said that if no objections were filed, all further pro cedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review unde r 49 U.S.C. §41307) which would make final the findings a nd conclusions of the Order.

No objections were received w ithin the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in Order 2009-12-15 and award to Jet Airways (India) Ltd. the foreign air carrier permit with associat ed conditions attached to the Order (and attached as the A ppendix to the present Order);

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department’s order under that section, whichever occurs earlier; 1 and

1 This order was submitted for review under 49 U.S.C. §41307 on January 11, 2010. The 61 st day is March 15, 2010. Since the President’s designee did not disapprove this order before that date, it became effective on March 15, 2010.2

3. To the extent not acted upon above, we dismi ss all remaining requests for relief in Docket DOT-OST-2005-21135; and

4. We will serve a copy of this order on Jet Airw ays (India) Ltd.; Jet Airways, Inc.; The Port Authority of New York and New Jersey; the India Terrorism Victims Relief Foundation and Internationalwatch.org; the Ambassador of India in Washington, D.C.; the Department of State;

and the Federal Avia tion Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

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

Order 2010-3-19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------- ------------------ PERMIT TO FOREIGN AIR CARRIER



### -------------------------------------- ------------------ Jet Airways (India) Ltd.

A Foreign Air Carrier of India

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transpor tation, to engage in scheduled foreign air tran sportation of persons, prope rty and mail as follows:

From points behind India, via I ndia and intermediate points, to a point or points in the United States and beyond

The holder shall also be authorized to engage in charter trips in fo reign air transportation between any point or points in India and any poi nt or points in the Un ited States, and between any point or points the United St ates and any point or points in a third country or countries (provided that such charter traffic is carried on a flight that serves Indi a for purposes of carrying traffic between India and the United States).

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations governing

charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms,

conditions and limitations in both th e order issuing this permit and th e attachment to this order, and to all applicable provisions of any treaty, convention or agr eement affecting international air transportation now in effect, or that may become effective duri ng the period this permit remains in effect, to which the United States a nd India are or shall become parties.

This permit shall be effective on March 15, 2010. Un less otherwise terminated at an earlier date pursuant to the terms of any applicable treat y, convention or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the bilateral right for the service authorized by this permit from the service which may be operated by airlines designated by the Government of India (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); (3) upon the2

effective date of any permit granted by the Depa rtment to any other carrier designated by the Government of India in lieu of the holder; or (4) upon the terminati on or expiration of the applicable air services agreement between the Un ited States and Ethiopia. However, clause (4) of this paragraph shall not appl y if prior to such termination or expiration, the foreign air transportation authorized herein becomes the subj ect of another treaty, convention or agreement to which the United States and India become parties.

The Department of Transportation has execu ted this permit and affixed its seal on January 11, 2010.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Appendix

Foreign Air Carrier Permit Conditions

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

(1) Not conduct any operations unless it holds a currently e ffective authorization 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 Federa l Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Govern ment requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Pa rt 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerni ng 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 Representativ e (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 served;

(3) Comply with the requirements for minimum insurance covera ge 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 Federal Aviation Administra tion’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 comp lies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency re quirements 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 Wa rsaw 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 opera 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 agreement or treaty cognizable in any c ourt or other tribunal of the United States. In this condition, the term "international air transportation" mean 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 Department, origin ate or terminate all flights to/from the United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, c oncerning 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 rules governing ch arters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and lim itations 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, 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.

12/2007