UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 31 , 20 10



### NOTICE OF ACTION TAKEN

-- DOCKET OST

- 2005

- 20771

_____________________________________________________________________________________________________________________________ ___ 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: 

### Air S print Inc. (AirSprint) Date Filed: December 15, 200 9

Relief requested: Renew and amend 1 e xemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of

persons
, property and mail (1) between a point or points in Canada and a point or points in the United States ; (2) between any points or point in the United States and any point or points in a third country or countries, provided that, except with

respe ct to cargo charters, such services constitute part of a continuous operation, with or without a change in aircraft, that includes service to Canada for the purpose of carrying local traffic between Canada and the United States; and (3) other

charters in a ccordance with 14 CFR Part 212

, using small aircraft

. The applicant requests that the authority be granted for

a two

- year term.

If renewal, date and citation of last action: January 2, 2008 , in this docket

Applicant representatives: James Eilan (403) 730

- 2344

DOT Analyst: Catherine C. Brown (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved

Action date: August 31 , 20 10

Effective dates of authority granted: August 31 , 2010

– August 31 , 20 1 2

Basis for approval (bilateral agreement/reciprocity): United States

- Canada Air Transport Services Agreement (Agreement)

Except to the extent exempted/waived, this authority is subje ct to the terms, conditions, and limitations of our standard exemption conditions, and to all applicable provisions of the U.S.

- Canada Agreement.

Special conditions/Partial grant/Denial basis/Remarks: AirSprint may only use aircraft designed to have a maximum seating capacity of not more than 60 seats and a maximum payload capacity of not more than 18,000 pounds.

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) 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 regulatory action under the Energy Polic y 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 hearing 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 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: http://dms.dot.gov//reports /reports_aviation.asp

1 Although AirSprint styled its application as a renewal request, it is in fact seeking to modify existing authority to more cl osely reflect the provisions o f the U.S.

- Canada open

- skies agreement. Accordingly we are treating its application as a request for renewal and amendment of its existing authority.12/2007 Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operati ons 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 with all applicable requirements of the Federal Aviation Administration, the Tran sportation 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 In dustry Representative (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 airpor t(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 authority, file evidence of such coverage, in the form of a completed OST Form 64 11, 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 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 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 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 operations in international air

transport ation 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 "international air transportation" means "international transportation" as defined by the Warsaw Convention, except th at 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 otherwise provided in the applicable aviation agreement, comply with the Department's rules go verning 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 other wise transferred without explicit Department approval under Title 49 of the U.S. Code.