UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on May 4 , 2010

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2008

- 0192

This serv es 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).

Application of SHUTTLE AMERICA CORPORATION (SHUTTLE AMERICA)

, filed 3/30 /10

, for :

XX Ren ewal of e xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Turks & Caicos Islands

. 1

Applicant rep: Robert E. Cohn (202) 637

- 4999 DOT Analyst: Linda L. Lundell (202) 366

- 2336

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: May 4 , 2010

, t hrough May 4 , 2012

, or until 90 days after the Department’s final action on the carrier ’s corresponding certificate application, in Docket DOT

- OST

2007

- 0084, whichever occurs earlier.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authorit y granted is consistent with the U.S.

- U.K. Air Services Agreement of 1977, as

amended.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX The holder’s certificate of public conveni ence and necessity 2

XX Standard exemption conditions (attached)

C onditions:

The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The code

- share operations conducted under this authority must comply with 14 CFR 257 and with any amendment to the Department’s regulations concerni ng code

- share arrangements that

1 Shuttle America states that it uses this authority to provide “Delta Connection” service on behalf of Delta Air Lines, Inc. (Delta), and “United Express” service on behalf of United Air Lines, Inc. (United).

2 In our previous grant, we noted that Shut tle America’s large

- aircraft operations were restricted to fee

- for

- service agreements with major U.S. carrier s ( see Notice of Action Taken dated July 1, 2008, in the captioned docket). While that restriction has now been removed, the carrier is still requ ired to notify the Department 45 days in advance should it wish to commence independent operations ( see Order 2009

- 3

- 16, issued March 23, 2009, in Docket DOT

OST

- 1998

- 3876).may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the require ments that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept respons ibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected.

(b) The authority granted here is specifica lly conditioned so that neither Shuttle America nor i ts
code

- share partner(s) shall give any force and effect to any contractual provisions between themselves that are contrary to these conditions.

On the basis of data officially noticeable under Rule 24 (g) of the Department's regulations, we found the applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) 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, we denied all reque sts in the referenced

Docket. We may amend, modify, or revoke the authority granted in this Notice 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 Depa rtment’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: 

### www.regulations.govATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provide d for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with 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, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has

determined that secur ity is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and r egulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

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