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

- 20 0 7

- 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 i ssued in this matter).

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

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

Scheduled foreign air transportation of persons, prop erty, 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. Krug er (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 , 20 10

, through December 20 , 201 2

.

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 betwee n 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 Exempt ion Conditions (attached)

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

1 Shuttle America is authorize d 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 grante d 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 carrie r 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 f orce and effect to any contractual provisions between

themselves that are contrary to these conditions

.

________________________________________________________________________________________________________________ On the basis of data officially noticea ble 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 Dep artment 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 dismisse d , 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 effecti veness.

An electronic version of this document is available on the World Wide Web at: http:// www.regulations.gov

### A TTACHMENT U.S. Carrier Exemption Conditions

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

(1) Hold a t 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 r eporting 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 Departme nt 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, an d 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