UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on May 11, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0064

________________________________________________________________________________________________________

This serves 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).

Applicant: Air Charter Scotland Ltd. (ACSL) Date Filed: April 24, 2012, as 

supplemented April 26, 2012

Relief requested: Exemption under 49 U.S.C. §40109 to engage in the following services, using small aircraft:

a. foreign charter air transportation of persons, property, and mail from any point or points behind any Member 

State of the European Union, via any point or points in any Member State and via intermediate points to any 

point or points in the United States and beyond;

b. foreign charter air transportation of persons, property, and mail between any point or points in the United States 

and any point or points in any member of the European Common Aviation Area; 

c. foreign charter air transportation of cargo between any point or points in the United States and any other point or 

points;

d. other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s 

regulations; and

e. charter transportation authorized by any additional route rights that may be made available to European Union 

carriers in the future.

Applicant representative: C.A. Southerland, 954-763-4848 DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: May 11, 2012

Effective dates of authority granted: May 11, 2012, through May 11, 2014.

Basis for approval (bilateral agreement/reciprocity): U.S.-EU Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

exemption conditions (attached).

Special conditions/Remarks: Based on the record in this case, we found that ACSL is operationally and financially 

qualified to conduct the proposed services, and that it is substantially owned and effectively controlled in a manner 

consistent with the provisions of the US.-EU Agreement.1 2 We also note that the applicant is properly licensed by its 

 1 We make this finding based on Article 2 (Reciprocal Recognition of Regulatory Determinations with Regard to Airline Fitness and 

Citizenship) of the Protocol to amend the U.S.-EU Air Transport Agreement, signed June 24, 2010. 2 The applicant has requested confidential treatment of its financial submissions, under the provisions of 14 CFR §302.12. Good cause 

having been shown, we will grant this request.
homeland to perform the proposed services. In addition, on May 9, 2012, the FAA advised us that it knows of no reason 

why we should act unfavorably on the applicant’s request. 

With regard to the authority granted here to ACSL to conduct charter transportation authorized by any additional route 

rights made available to European Union carriers in the future, we are requiring ACSL, before it commences any new 

service under this authority, to provide us with evidence in this Docket that it holds a homeland license for that new 

service, unless it has already provided such evidence.

The authority granted above is limited to services using small 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.

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) our action was consistent with 

Department policy; (2) the applicant was qualified to perform its proposed operations; (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 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 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://www.regulations.gov
Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant 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, 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 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 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 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 "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 authorized by the Department, originate or terminate all flights to/from the United States in a 

Member State of the European Union;

(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.

EU carrier 01/2008