Order 20 13

- 12

- 19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18 th day of October

, 20 13

Served: December 31 , 20 13

Applicati on of

AIR CANADA ROUGE LP D/B/A AIR CANADA

ROUGE 1 Docket DOT

- OST

- 20 13

- 00 87

for a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 20 13

- 9

- 16 , issued September 23 , 20 13

, we directed all interested persons to show

cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objecti ons to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department w ould enter an order (subject to Presidential review under 49 U

. S

. C

. §41307) which

w ould make final the findings and conclu sions of the Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in Order 20 13

- 9

- 16 and award to

8165343 Canada Inc. d/b/a Air Canada r ouge the foreign air carrier p ermit with associated conditions attached to the Order (and attached as the Appendix to the present Order );

2. Unless disapproved by the President of the United States under 49 U

. S

. C

. §41307, this order

shall become effective on the 61 st day after its su bmission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and

1 We note that the applicant’s initial authority was granted in the name 8165343 Canada Inc. d/b/a Air Canada

rouge

. See Order 2013

- 9

- 16. By letter to the Department dated December 9, 2013, the applicant advised us of a change in its corporate structure that would result in change of its legal name to Air C anada r ouge LP d/b/a Air

Canada r ouge , effective December 31, 2013, and asked that its foreign air carrier permit be issued in its new legal

name.2

implementing regulations that he or she does not intend to disapprove the Department’s order under that section, whic hever occurs earlier; 2

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket

DOT

- OST

- 2013

- 0087 ; and

4 . We will serve a copy of this order on the applicant, the Embassy of Canada in Washington, D.C., the Departme nt of State, and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

2 This order was submitted for review under 49 U

. S

. C

. §41307 on October 18 , 20 13

. The 61 st day is December 18,

2013 , and the President or his designee did not disapprove this order before that date . T his order became effective

on December 31, 2013

.Issued by

Order 20 13

- 12

- 19

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER



### ---- ----------------------------------------------------



### AIR CANADA ROUGE LP D/B/A AIR CANADA ROUGE

A Foreign Air Carrier of Canada

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and r egulations of the Department of Transportation, to engage in :

Scheduled foreign air transportation of persons, property, and mail from points behind Canada, via Canada and intermediate points, to a point or points in the United States and beyond;

Schedu led and charter foreign air transportation of property and mail between any point or points in the United States and any other point or points; and

Charter foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Canada for the pu rpose of carrying local traffic between Canada and the United States

.

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations go verning

charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and limitations in both the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty , convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and Canada are or shall become parties.

This permit shall be effec tive on December 31 , 20 13 . Unless otherwise terminated at an earlier date pursuant to the terms of any applicable treaty, convention or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon2

the effective date of any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the bilateral right for the service authorized by this permit from the service which may be operated by airlines designated by the Gov ernment of Canada (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); (3) upon the effective date of any permit granted by the Department to any other carrier designated by the

Government of Canada in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agreement between the United States and Canada . However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, the foreign air transportation authorized herein becomes the subject of another treaty, convention or agreement

to which the United States and Canada become parties.

The Department of Transportation has executed this permit and affixed its seal on October 18

, 20 13

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)A ppendix

Foreign Air Carrier Permit Conditions

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

(1) Not conduct any operations unless it hol ds 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

Ad ministration, 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 requi rements 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) Com ply 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 Aviatio n 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 requ irements 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 p oint 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 Parti es 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 schedul ed, 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 S tates.

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.

12/2007