UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 3, 20 10



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 0 4

- 18519

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (n o additional confirming order will be issued in this matter).

Applicant : 

### Image Air Charter Ltd. Date Filed: January 6, 2010

Relief requested: Renew e xemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger charter operations bet ween Canada and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small aircraft.

If renewal, date and citation of last action: February 15, 2008, in this docket

Applicant representative : Miguel Mendes (905) 405

- 0331

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : February 3, 20 10

Effective dates of exempti on authority granted: February 3, 20 10

– February 3, 201 2

Basis for approval (bilateral agreement/reciprocity): United States

- Canada Air Transport Agreement

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

X Standard exemption conditions (attached) Foreign air carrier permit ( )

Special conditions/Partial grant/Denial basis/Remarks: In the conduct of these operations, the carrier must adhere to al l applicable provisions of the Agreement, and may only use 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 pounds. We note that under this authority the carrier may co nduct charter operations between: 1) Canada and the United States; and 2) third countries and the United States, via Canada, with a stopover in Canada for at least two consecutive nights. Other charters to be conducted under this authority, however, are subject to prior approval under 14 CFR Part 212.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

___________________________________________________________________________________________________________________________ _____ Under authority assigned by the Department 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 cons istent with the public interest; and (4) 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/deferred/dismissed, we denied all requests in the referenced Do cket. 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 docume nt is available on the World Wide Web at: http://www.regulations.gov12/2007 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 eff ective 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 concer ning 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) (formerl y 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 Admini stration’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 require ments 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 Dep artment 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 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 cogni zable 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 Contr acting 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 requirements of 14 CFR Part 217, concerning th e 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

3 80); 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 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 appro val under Title 49 of the U.S. Code.