UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on January 10, 2014



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 0 9

- 0139

_____________________________________________________________________________________________________________________________ ___ 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 

### : Performance Air Ltd. Date Filed: December 17, 2013

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons, property

, and mail between a point or points in the Bahamas and a point or points in the United States, and other charters subject to

Part 212 of the Department’s rules, using small aircraft. 1

Date and citation of last action: Performance Air Ltd. previously hel d the authority described above; that authority

expired by its terms on November 15, 2013 (see Notice of Action Taken, dated November 15, 2012, in this docket

.

Applicant representative: John R. Mietus (202) 747

- 5212

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : January 10, 2014

Effective dates of exemption authority granted: January 10, 2014

– Janua ry 10, 2015

Basis for approval (bilateral agreement/reciprocity) : Reciprocity with the Bahamas

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

X Standard exemption conditions (a ttached)

Special conditions/ Remarks: The authority granted above is limited to operations involving 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

pou nds. 2

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Depar tment 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) gr ant 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 a uthority 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 with in 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:

ht

tp://www.regulations.gov

1 Performance Air Ltd. styled its request in the captioned Docket as a n exemption renewal or reissuance request. We note that the

applicant’s previous authority in this Docket had lapsed. Therefore, o ur action here does not in fact constitute a renewal.

2 The applicant specifically states that it provide s its services using small aircraft.12/200 7 Foreign Carrier Exemption 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 re quirements 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 co mmencing 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 S ecurity 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 co verage 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 th e 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 requirement s 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 ac tions 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 th e 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 def inition;

(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, an d 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 reas onable 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 authorit y 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.