UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 20, 2011



### NOTICE OF ACTION TAKEN

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_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (n o

additional confirming order will be issued in this matter).

Applicant 

### : Performance Air Ltd. Date Filed: September 2 1, 201 1

Relief requested: Renew e xemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons,

pr operty and mail between a point or points in the Bahamas and a point or points in the United States, and other charters

subject to Part 212 of the Department’s rules, using small aircraft.

If renewal, date and citation of last action: September 23, 2010, in this docket

Applicant representative: John R. Mietus (202) 747

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DOT Analyst: Shelita A. Johnson (202) 366

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Responsive pleadings: None filed

DISPOSITION

Action: Appro ved Action date : October 20, 2011

Effective dates of exemption authority granted: October 20, 2011

– October 20, 2012

Basis for approval (bilateral agreement/reciprocity) : Reciprocity

Except to the extent exempted/waived, this authority is sub ject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) Foreign air carrier permit ( Order )

Special conditions/Parti al grant/Denial basis/Remarks: The authority granted to Performance Air above is limited to

operations involving aircraft designed to have a maximum passenger capacity of not more than 60 seats and a maximum

payload capacity of not more than 18,000 pounds. 1

Action taken by: Paul L. Gretch, Director

Off ice of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1 ) the applicant is

qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the

authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulator y

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 may amend, modify, or revoke the authority granted in this Notice at any time

without hearin g at our discretion.

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 Notic e. 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:

http://www.regulations.gov

1 The applicant specifically states that it is ap plying to provide the service requested using small aircraft.12/200 8 Foreign Carrier Exemption Condit ions

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 such authoriza tion with the Department;

(2) 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, 14 CFR Parts 129, 91, and 36 and 49 CFR 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 IIR of its plans and to f ind 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 coverage contained in 14 CFR Part 205, and, prior to the

com mencement of any operations under this authority, 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 termina tion of, insurance also shall be filed with 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 a nd airman competency requirements 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 Warsaw Conventi on 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 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 carriage 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 "internation al air transportation" means "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 De partment, 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 otherwise provided in the applicable 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 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 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.