### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on September 27, 2013



## NOTICE OF ACTION TAKEN

-- DOCKET DO T

- OST

- 200 4

- 1 9171

_____________________________________________________________________________________________________________________________ ___ 

### 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: 

### Air Turks & Caicos (2003) Ltd., d/b/a Air Turks & Caicos

Date Filed: January 2 , 2009 , as amended July 31, 2013

, and August 7, 2013

Relief requested: Renew and a mend e xemption authority from 49 U.S.C. §41301 to engage in scheduled foreign air

transportation of persons, property and mail to the full extent provided for under U.K. Route 9 : Caribbean

Combination Air Service

, of the U.S.

- UK Air Service s Agreement dated July 23, 197 7 , as amended (the Agreement)

, 1



### which authorizes scheduled service between points in the Turks & Caicos , via the named intermediate points, to the

named U.S. points, and to the named beyond points. 2



### If renewal, dat e and citation of last action: February 5, 2008, in this docket

Applicant representative: Pierre Murphy (202) 776

- 3980

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: September 27, 2013

Effective dates of authority granted: September 27, 2013

– September 27

, 2014

Basis for approval (bilateral agreement/reciprocity): U.S.

- U K Air Services Agreement dated July 23, 1977, as

amended

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

X Standard exemption conditions

Special conditions/Remarks : W e find that the applicant remains financially and operationally qualified to perform the

services authorized above. 3 

### By memorandum dated Septembe r 9, 2013, the FAA advised us that it knew of no reason

why we should act unfavorably on Air Turks & Caicos’ application.

Action taken by: Paul L. Gretch, Director

1 Air Turks & Caicos’ current exemption authority permits it to engage in scheduled foreign air transportation of

persons

, property and mail between the Turks & Caicos Islands, on the one hand, and Puerto Rico, the U.S. Virgin Islan ds and

Miami and Tampa, Florida on the other hand, via named intermediate points . At the request of the applicant and for its own

commercial reasons, that authority has been limited to services provided using wet leased aircraft . In addition to now renew ing that

authority, we are amending it to permit the carrier to conduct scheduled service between points in the Turks & Caicos, via

the named intermediate points, to the named U.S. points, and to the named beyond points . We are also granting the applicant ’s

request to conduct the authorized operations using its own aircraft and crews. We note that Turks and Caicos is and has been

assessed as Category 1 under the Federal Aviation Administration’s International Aviation Safety Assessment (IASA) Program.

2 S ee Appendix A for UK Route 9: Caribbean Combination Air Service

. We note that, for purposes of the Agreement, references to

Route 9 shall be deemed to include Route 9A, except for purposes of footnote 2 to Route 9A.

3 The applicant requested confidential treatment of its financial submissions under the provisions of 14 CFR § 302.12. Good cause

having been shown, we will grant this request.

### Office of International Aviation

________________________________________________ ________________________________________________________________________________ 

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

qualified to perform the proposed operations; (2) our actio n was consistent with Department policy; (3) grant of the

a uthority was consistent 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 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 revi ew will not alter such effectiveness.

An electronic version of this document is available 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 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 Fed eral 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 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 Unite d 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 sec urity 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, i n 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 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 specifically 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 cons titute 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 internati onal 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 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 Conv ention, except that 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 its homeland;

( 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 Depart ment'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 regul ations 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 b e sold or otherwise transferred without explicit Department

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

12 /200 7

### Appendix A

**UK Route 9: Caribbean Combination Air Service 1**  **/**

(A) (B) (C) (D)

UK Gateway Points Intermediate Points Points in US Territory Points Beyond

Anguilla Antigua * / Baltimore 2 /

British Virgin Bahamas Houston 2 /

Islands Barbados Miami 2 /

Cayman Islands Belize * / New Orleans 2 /

Montserrat Cuba Puerto Rico

Turks & Caicos Dominica * / Tampa 2 /

Islands Dominican Republic US Virgin Islands

Grenada Washington 2 /

Guadeloupe

Guyana

Haiti

Jamaica

Martinique

St. Christopher (St.

Kitts) and Nevis * /

St. Lucia * /

St. Maarten

St. Martin

St. Vincent and

the Grenadines * /

Trinidad and Tob ago

Any point or

points in Column (A)

1 / Cayman Airways or its successor airline based in the Cayman Islands will

operate on UK Route 9A unless footnote 2 to Route 9A applies.

2 / Each UK designated airline may not during a traffic season serve more

than two of the following US points: Baltimore, Houston, Miami, New Orleans, Tampa

or Washington. Each designated UK airline may, in its discretion, and with not less

than 90 days notice, change from one of these points to ano ther each season.

* / Pursuant to an exchange of letters on October 17 and November 10, 1986,

in effect provisionally, these former UK gateways were transferred to Column B from

Column A upon independence from the UK.UK Route 9A: Caribbean Combination A ir Service 1 / 2 /

[Route 9A was created pursuant to provisional rights contained in the exchange

of letters dated October 16 and November 10, 1986. The November 13, 1991 exchange of

letters added a new US gateway point, on a provisional b asis, for a total of five US

gateway points to be selected by the UK in Column C.]

(A) (B) (C) (D)

UK Gateway Points Intermediate Points Points in US Territory Points Beyond

Anguilla Antigua * / Houston

British Virgin Baham as Miami

Islands Barbados Five points to be

Cayman Islands Belize * / selected by the UK

Montserrat Cuba and notified to the US 3 /

Turk & Caicos Dominica * /

Islands Dominican Republic

Grenada

Guadeloupe

Guyana

Haiti

Jamaica

Ma rtinique

St. Christopher (St.

Kitts)and Nevis * /

St. Lucia * /

St. Maarten

St. Martin

St. Vincent and

the Grenadines * /

Trinidad and Tobago

Any point or

points in Column (A)

1 / For purposes of this Agreem ent, references to Route 9 shall be deemed to

include Route 9A, except for purposes of footnote 2 to Route 9A.

2 / Only Cayman Airways or its successor airline based in the Cayman

Islands can operate on UK Route 9A. This route is availa ble provided that the

operations of US airlines to the Cayman Islands are not restricted pursuant to

either paragraph (4) of Article 3 of the Agreement or the July 23, 1977 exchange of

letters between Alan S. Boyd and W. Patrick Shovelton on Statements of

Interpretation of the Agreement. [See, Agreement, "Article 3 (Designation and

Authorization of Airlines)

– - Multiple Designation in Respect of Dependent

Territories"

-- for relevant portion of above

- mentioned letters.] Otherwise, Route

9 is available to C ayman Airways or its successor airline based in the Cayman

Islands.

3 / These selections may be changed on 60 days' notice to the US authorities

through diplomatic channels. [Points selected pursuant to this footnote as of the

date of publication: Atlant a; Orlando (1985); New York; Tampa; and Fort Lauderdale.]

__________

* / Ed Note : Pursuant to an exchange of letters on October 17 and November 10,

1986, in effect provisionally, these former UK gateways were transferred to Column B

from Column A upon inde pendence from the UK.