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 DOT-OST-2004-19171 ________________________________________________________________________________________________________________________________

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 amend exemption 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 Services Agreement dated July 23, 1977, 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, date 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.-UK Air Services Agreement dated July 23, 1977, as 

amended

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

X Standard exemption conditions 

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

services authorized above.3

 By memorandum dated September 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 Islands 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 renewing 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 See 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 action was consistent with Department policy; (3) grant of the 

authority 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 review 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 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 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 United 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 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 Administration’s Program Management Branch (AFS260), 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 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 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 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 Department'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 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 

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

12/2007
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 Tobago

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 another 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 Air 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 basis, 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 Bahamas 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

Martinique

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 Agreement, 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 available 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 Cayman 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: Atlanta; 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 independence from the UK.