Order 20 10

- 8

- 2

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26 th day of May , 20 10

Served: August 2, 2010

Application of

JETSTAR AIRWAYS PTY. LIMITED Docket s DOT

- OST

- 200 6

- 24922

DOT

- OST

- 200 6

- 24923

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

FINAL ORDER

By Order 20 10

- 4

- 18

, issued April 30, 2010

, we directed all interested persons 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 and 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 Jetstar Airways Pty.

Limited t he foreign air carrier permit and conditions attached to 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 dat e 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 May 26, 2010. The 61 st day is July 26, 2010. Since the

President or his designee did not disapprove this order before that date, it became effective on July 26, 2010.- 2

-

3. We will s erve a copy of this order on the applicant, the Embassy of Australia 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 20 10

- 8

- 2



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER



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

JETSTAR AIRWAYS PTY. LIMITED

A Foreign Air Carrier of Australia

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 Transportation, to engag e in :

Foreign scheduled and charter air transportation of persons, property, and mail from points

behind Australia via Australia and intermediate points, to a point or points in the United

States and beyond;

Foreign scheduled and charter air transportati on of property b etween any point or points in

the United States and any other point or points

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

to the terms, conditions, and limitations of the Depa rtment’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

p rovisions 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 becom e parties.

This permit shall be effective on July 26, 2010 . Unless otherwise 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 Australia (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 desi gnated by the Government of Australia in lieu of the holder;

or (4) upon the termination or expiration of the applicable air services agreement between the United

States and Australia. However, clause (4) of this paragraph shall not apply if prior to such termination

or expiration, the foreign air transportation authorized herein becomes the subject of another treaty,

convention or agreement to which the United States and Australia become parties.The Department of Transportation has executed this permi t and affixed its seal on May 26, 20 10

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, the foreign carri er applicant shall:

(1) Not conduct any operations 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 Fe deral 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.

T o assure compliance with all applicable 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 Unit ed States, contact its International Industry Representative

(IIR) (formerly 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 se curity 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 t he 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 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 s pecifically exempted 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 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 transport ation 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 other

tribunal of the United States. In this condition, the term "international air transportation" means

"international transportation" as defined by the Warsaw Convention, except tha t all States 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 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 Departme nt'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 regulat ions 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

approval under Title 49 of the U.S. Code.

12/2007