UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 12 , 20 1 4



### NOTICE OF ACTION TAKEN

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- OST

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- 0 003

________________________________________________ ________________________________________________ ________ 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 : TORTUG’AIR , S.A. ( Tortug ) Date Filed: March 12, 2014

Relief requested: Renewal of e xemption under 49 USC § 4 0109 to engage in (1) scheduled and charter foreign air transportation of persons, property and mail between a point or points in Haiti and a point or p oints in the United

States , and (2) charter foreign air transportation of persons, property and mail pursuant to 14 C.F.R. Part 212 of the Department’s regulations

, using aircraft wet leased from a duly authorized and properly supervised U.S. or foreign ai r carrier. The applicant requests that the authority be renewed for a period of two years.

If renewal, date and citation of last action: March 13, 2013, in this Docket.

Applicant representative: Richard A. Asper and C.A. Southerland

, 954

- 763

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DOT ana lyst: Brett D. Kruger

, 202

- 366

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Responsive pleadings: None

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DISPOSITION

Action: Approved in part, remainder (request for longer

- term authority) dismissed

. 1

Action date: May 12 , 2014

Effective dates of authority granted: May 12

, 2014 , through May 12 , 2015

.

Basis for approval (bil ateral agreement/reciprocity): Comity and reciprocity with Haiti.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption cond itions (attached).

Special conditions/Remarks: Tortug may conduct the operations authorized here only by using aircraft wet

- leased from a duly authorized and properly supervised U.S. or foreign air carrier. Tortug may not conduct U.S. operations with its own aircraft and crews without further action by the Department. 2

Action taken by: Paul L. Gretch, Director, Office of International Aviation

________________________________________________________________________________________________________ U nder authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent wi th Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy an d 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.

1 The one

- year duration of the authority we granted Tortug is consistent with our usual policy of granting exemption authority in the circumstances presented. We therefore dismissed the application to the extent that it sought authority for a longer period.

2 Haiti is currently a Category 2 country under the FAA’s International Aviation Safety Assessment Program.Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulati ons, 14 CFR §3 85.30, 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 av ailable on the World Wide Web at: http://www.regulations.gov

### Foreign Carrier Exemption Conditions

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

(1) Not conduct any opera tions 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 Tr ansportation 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 applicab le 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 I IR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airp ort(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 co mplies 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 exemp ted 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 im munity, 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

i nternational 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 State s 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 its homeland;

(9) Comply with the requirem ents 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 char ters (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. agenci es 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 transfe rred without explicit Department approval under Title 49 of the U.S. Code.

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