Order 200 9

- 6

- 13

CORRECTED COPY

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 15 th day of April, 200 9

Served: June 17, 2009

Ap plication of

JAZZ AIR LP

d/b/a AIR CANADA JAZZ,

d/b/a JAZZ AND JAZZ AIR Docket OST

- 200 9

- 0024

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

FINAL ORDER

By Order 200 9

- 3

- 18, issued March 23, 2009, we directed all interested person s 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 objections to the Order. We said that if no objections are filed, all

further procedural steps shall be deemed waived, and the Department will enter an order (subject to

Presidential review under 49 USC §41307) which will make final the findings a nd conclusions of the

Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in the Order and award to Jazz Air t he foreign

air carrier permit and conditions attached t o the Order (and attached to the present order as Appendix

A);

2. Unless disapproved by the President of the United States under 49 USC § 41307, this order shall

become effective on the 61 st day after its submission for section 41307 review or upon the d ate of

receipt of advice from the President or his designee under Executive Order 12597 and implementing

regulations that he or she does not intend to disapprove the Department’s order under that section,

whichever occurs earlier; 1 and

1 This order was submitted for review under 49 USC §41307 on April 15, 2009. Since the President’s designee did not

disapprove this Order before that date it became effective on June 15, 2009.- 2

-

3. We will serve a copy of this order on the applicant, the Embassy of Canada in Washington, D.C.,

the Department of State, and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)Issued by

Order 200 9

- 6

- 13



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

--------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER



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

JAZZ AIR LP

d/b/a AIR CANADA JAZZ, JAZZ, AND JAZZ AIR

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 regulations of the Department of Tr ansportation, to engage in the following services:

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;

Scheduled and char ter foreign air transportation of cargo between any point or points in United

States and any other point or points; and

Charter foreign air transportation of persons, property and mail between any point or points in

Canada and any point or points in the U nited 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 and

t he United States

The holder shall also be authorized to engage in and other charter trips in foreign air transportation,

subject to the terms, conditions, and limitations of the Department’s regulations governing 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 the holder’s homeland are or shall become parties.

Thi s permit shall be effective on June 15, 2009. Unless othe rwise 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) upon 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 Government 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 te rmination 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 becom es 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 April 15, 2009.

By:

PAUL L. GRETCH

Directo r

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions

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

(1) Not conduct any operations unless it holds a currentl y 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 conce rning 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) (former ly 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 Administra tion’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, comp ly 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 r espect 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 oth er

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 pu rpose 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 th e 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 T itle 49 of the U.S. Code.

12/2007