UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 16, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0092 _____________________________________________________________________________________________________________________

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).

Application of SKY LEASE I, INC. D/B/A TRADEWINDS D/B/A TRADEWINDS AIRLINES (Sky 

Lease) filed 5/5/11 for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between a point or points in the United 

States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, 

via intermediate points and beyond China. 1

 Sky Lease also requests that this exemption authority 

be integrated with its existing exemption and certificate authority.

Applicant rep: William C. Evans (410) 827-5074 DOT Analyst: Robert J. Finamore (202) 366-2405

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 16, 2011 through May 16, 2013.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between

the United States and the People’s Republic of China.

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

indicated: 

XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached)

Special conditions/Remarks: The route integration authority granted is subject to the condition that any 

service provided under this exemption shall be consistent with all applicable agreements between the 

United States and the foreign countries involved. Furthermore, (a) nothing in award of the route 

integration authority granted should be construed as conferring upon Sky Lease rights (including fifthfreedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless 

Sky Lease notifies the Department of its intent to serve such a market and unless and until the Department 

has completed any necessary carrier selection procedures to determine which carrier(s) should be 

authorized to exercise such rights; and (b) should there be a request by any carrier to use the limited-entry 

route rights that are included in Sky Lease’s authority by virtue of the route integration exemption granted 

 1 Sky Lease states that it initially plans to serve the Miami-Anchorage-Shanghai market using MD-11 aircraft, with 

additional potential service to Houston, Chicago, and Los Angeles.
here, but that are not then being used by Sky Lease, the holding of such authority by route integration will 

not be considered as providing any preference for Sky Lease in a competitive carrier selection proceeding.

We acted on this application prior to the expiration of the 15-day answer period with the consent of all 

parties served.

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 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
Attachment

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 provided 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 security is adequate to allow such 

airport(s) to be served;

(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 

regulations 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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