Order 2010-4-12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 16 th day of February, 2010

Served: April 20, 2010

Application of

JIN AIR COMPANY, LIMITED Docket DOT-OST-2009-0310

for an exemption under 49 U.S.C. §40109 a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 2010-1-11, issued January 15, 2010, we direct ed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form att ached to the Order and s ubject to the conditions attached thereto. We gave interested persons 21 da ys to file objections to the Order. We said that if no objections are filed, all further procedural steps sh all be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and c onclusions 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 2010-1-11 and award to Jin Air Company, Limited the foreign air carrier perm it subject to the 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 USC §41307, this order

shall become effective on the 61 st day after its submission for §41307 review or upon the date of receipt of advice from th e President or his design ee 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

1 This order was submitted for review under 49 U.S.C. §41307, on February 16, 2010. The 61 st day is April 19, 2010. Since the President or his designee did not disapprove this order before that date, it became effective on April 19, 2010.3. To the extent not acted upon above, we dismiss a ll remaining requests for relief in this Docket (DOT-OST-2009-0310); and

4. We will serve a copy of this order on the app licant, the Ambassador of the Republic of Korea

to the United States in Wash ington, D.C., the Federal Aviation Administration, and the U.S. Department of State.

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 2010-4-12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



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



### -------------------------------------- -------------------



### Jin Air Company, Limited

A Foreign Air Carrier of the Republic of Korea

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 transportation of persons, property, and mail between Seoul, Republic of Korea, on the one hand, and Guam, on the other hand; and

Charter foreign air transportation of pers ons, property, and mail between any point or points in the Republic of Korea and any point or points in the United States, and between any point or points in the United States and any point or points in a third country or countries, provided that such s ervice constitutes part of a continuous operation, with or without a ch ange of aircraft, that include s service to the Republic of Korea for the purpose of carrying local traf fic between the Republic of Korea 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 and the holder’s homeland are or shall become parties.

This permit shall be effective on April 19, 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 the Republic of Korea (or, ifthe right is partially eliminated, then the authorit y of this permit shall terminate in like part); (3) upon the effective date of any permit granted by th e Department to any other carrier designated by the Government of the Republic of Korea in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agreem ent between the United States and the Republic of Korea. However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, the foreign air transpor tation authorized herein becomes the subject of another treaty, convention or agreement to which the United Stat es and the Republic of Korea become parties.

The Department of Transportation has execu ted this permit and affixed its seal on February 16, 2010.

By:

PAUL L. GRETCH

Director

Office of International Aviation 

### (SEAL)Appendix A Foreign Air Carrier Permit 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 su ch authorization with the Department;

(2) Comply with all applicable requirements of the Fede ral 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 mi nimum 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 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 compli es 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 Government for international air services;

(6) Except as specifically exempted or otherwise provided fo r 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 waiv er 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 w as 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, originate or terminate all flights 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 otherwi se provided in the applicable aviation agreement, comply with the Department's rule s 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 re gulations of other U.S. agenci es 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