UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on June 30, 2014



### 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 (no

a dditional confirming order will be issued in this matter).

Applicant : 

### Bahamasair Holdings Limited (Bahamasair) Date Filed: June 18, 2014

Relief requested: Renew and amend e xemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transporta tion of persons, property

, and mail between Freeport, Grand Bahama Island, Commonwealth of the Bahamas, on the one hand, and Baltimore, MD /Washington, DC ; Birmingham, AL; Cincinnati, OH; Columbus, OH; Pittsburgh, PA; Raleigh/Durham, NC; and Richmond, VA, o n the other hand. 1

If renewal, date and citation of last action: December 20, 2013, in this docket

Applicant representative: George U

. Carneal (202) 637

- 6546 DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSI TION

Action: Approved Action date : June 30, 2014 2

Effective dates of exemption authority granted: June 30, 2014

– June 30, 2015



### Basis for approval (bilateral agreement/reciprocity) : Comity and reciprocity with the Bahamas.

Except to the exten t exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) X Foreign air carrier permit ( Order 87

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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 qualifie d 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 P olicy 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.

Person s 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 effectiv e 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 Baham as air’s existing exemption authority permi ts it to engage in scheduled foreign air transportation of persons, property, and mail

between Freeport, Grand Bahama Island, Commonwealth of the Bahamas, on the one hand, and Baltimore, MD/Washington, DC; Birmingham, AL; Cincinnati, OH; Columbus, OH; Rale igh/Durham, NC; and Richmond, VA, on the other hand. See Notice of Action Taken in this Docket dated December 20, 2013. Bahamasair states that , in addition to seeking renewal of that exemption authority here, it i s also seeking amendment to add Pittsburg h as an authorized co

- terminal point for its Freeport

- U.S. services.

2 The Department is acting on Bahamasair ’s application prior to the expiration of the 15

- day answer period with the consent of all parties served.12/2007 Foreign Carrier E xemption 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 such authorization 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 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 coverage contained in 14 CFR Part 205, and,

pr ior 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 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 complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the a irworthiness 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 W arsaw 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

i n 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 a greed 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 ter m "international 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 author ized 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 governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations re quired 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 w hen 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.