UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on December 20, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-27814 ________________________________________________________________________________________________________________

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).

Application of SHUTTLE AMERICA CORPORATION (SHUTTLE AMERICA) filed 11/29/10 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between a point or points in 

the United States and a point or points in the Dominican Republic, directly or via intermediate 

points, and beyond. Shuttle America operates U.S.-Dominican Republic service with U.S. airline 

code-share partners.1

Applicant rep: Robert E. Cohn (202) 637-4999 DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions)

The above action was effective when taken: December 20, 2010, through December 20, 2012.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States 

and the Dominican Republic of 1986 and the overall state of aviation relations between the United 

States and the Dominican Republic.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX Holder’s certificate of public convenience and necessity

XX ________________________________________________________________________________________________________________ Standard Exemption Conditions (attached)

Conditions: The authority awarded here is subject to the restriction referenced in footnote 1.

 1 Shuttle America is authorized to engage in foreign scheduled air transportation using large aircraft, subject to the 

restriction that Shuttle America’s operations are performed under a fee-for-service agreement with a major U.S. 

carrier. Shuttle America states that it seeks renewal of its exemption authority in order to continue to provide U.S.-

Dominican Republic service under fee-for-service agreements with U.S. airlines.
2

The authority granted to serve intermediate and beyond points is limited to countries with which the 

United States has signed open-skies agreements and/or countries for which Shuttle America holds 

authority to serve under certificates and exemptions issued by the Department.

The code-share operations conducted under this authorization are subject to the following conditions:

(a) The code-share operations conducted under this authority must comply with 14 CFR 257 and 

with any amendment to the Department’s regulations concerning code-share arrangements 

that may be adopted. Notwithstanding any provisions in the contract between the carriers, 

our approval here is expressly conditioned upon the requirements that the subject foreign air 

transportation be sold in the name of the carrier holding out such service in computer 

reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier 

shown on the ticket) accept responsibility for the entirety of the code-share journey for all 

obligations established in its contract of carriage with the passenger; and that the passenger 

liability of the operating carrier be unaffected.

(b) The authority granted here is specifically conditioned so that neither Shuttle America nor its 

code-share partner(s) shall give any force and effect to any contractual provisions between 

themselves that are contrary to these conditions. ________________________________________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the 

applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our 

action was consistent with Department policy; (2) grant of the application was consistent with the public 

interest; and (3) 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 or 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.

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 document is available on the World Wide Web at:

http://www.regulations.gov
ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for 

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to 

the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with 

the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and 

defenses;

(6) 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, 49 CFR Part 1544. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing 

any new service (including charter flights) to or from a foreign airport, contact its Principal Security 

Inspector (PSI) to advise the PSI 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance 

with the conditions imposed above.

1/2008