 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 15, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18777

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________________________________________________________

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).

In the matter of:  Ghana Airways Limited					

We grant, sua sponte, Ghana Airways Limited (Ghana Airways) an exemption
from 49 U.S.C. § 41301 

to the extent necessary to permit Ghana Airways to engage in scheduled
foreign air transportation of persons (and accompanying baggage) between
Accra, Ghana, on the one hand, and New York, New York, and Baltimore,
Maryland, on the other hand, via the intermediate point Banjul, the
Gambia, in both directions, using aircraft wet leased from a duly
authorized and properly supervised U.S. or foreign air carrier.  We are
taking this action for the sole purpose of accommodating Ghana Airways
passengers who have been stranded following Ghana Airways’ recent
suspension of services to the United States.  Accordingly, the authority
granted here is limited to (1) the carriage of stranded passengers,
already booked and ticketed, who are completing the return leg of a
round trip itinerary; and (2) to the extent that stranded passengers are
accommodated, one-way passengers or passengers holding a roundtrip
ticket whose return flight is on a carrier other than Ghana Airways.

Carrier representative:  Malcolm L. Benge (202) 298-8660

	DISPOSITION

Action:  Approved									Action date:  September 15, 2004

We took the action described above solely to permit the repatriation of
passengers to Ghana or the United States.  Our action here in no way
should be viewed as an indication of how the Department will act on any
future requests by Ghana Airways to conduct services between Ghana and
the United States.

Effective dates of authority granted:  September 16-September 30, 2004

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  X  Standard conditions
(attached).

Special conditions/Partial grant/Denial basis/Remarks:  The authority
granted to Ghana Airways, in addition to the conditions described above,
is subject to the condition that the transportation of the stranded
passengers is done at no additional charge to the passenger beyond that
already included in the passenger’s ticket or in the original
agreement between the passenger and Ghana Airways.  In order to assure
that no additional Ghana Airways passengers become stranded, the
Department’s action does not allow for passengers to embark on initial
outbound travel from the United States or Ghana (except as otherwise
authorized above).  In addition, in granting the authority described
above, we expect Ghana Airways to continue to make all possible efforts
to address the needs of its other affected passengers.  

Action taken by:   Paul L. Gretch, Director	

		       Office of International Aviation	

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_______________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385; we found that (1) without prejudice to any conclusion we might
reach with regard to Ghana Airways at a later date, given the special
circumstances present in this situation, Ghana Airways was qualified to
conduct the special and limited operations by wet lease described above;
(2) grant of the authority was consistent with the public interest; and
(3) our action does not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  We may amend, modify, or
revoke the authority granted in this Notice at any time without hearing
at our discretion.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

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, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 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 Principal Security Inspector (IPSI) to advise
the IPSI 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 (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 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.

														05/2004

  We note that should a duly authorized and properly supervised foreign
air carrier propose to conduct these flights, it must first obtain
authority from the Department in the form of a statement of
authorization under 14 CFR Part 212 of the Department’s rules.

  To the extent that passengers are ticketed to Baltimore or New York,
Ghana Airways must take all appropriate steps to assure that the
passenger is returned to the gateway point to which the passenger is
ticketed. 

