 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 7, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18979

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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).

Applicant:  St Barth Commuter						Date Filed:  August 25, 2004

Relief requested: Exemption authority from 49 U.S.C. § 41301 to engage
in charter foreign air transportation of persons, property and mail
between St. Martin, St. Barthelemy, Guadeloupe and Martinique, French
West Indies, on the one hand, and Puerto Rico and the U.S. Virgin
Islands, on the other hand, with small aircraft.

If renewal, date and citation of last action:  New authority

Applicant representative:  Michael F. Goldman (202) 944-3305

DOT Analyst:  Gordon H. Bingham (202) 366-2404

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  October 7, 2004

Effective dates of authority granted:  October 7, 2004-October 7, 2006

Basis for approval (bilateral agreement/reciprocity):  Air Transport
Agreement between the United States and France

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

X  Standard exemption conditions (Attached)

Special conditions/Partial grant/Denial basis/Remarks:  Based on the
record in this case, we found that St Barth Commuter is financially and
operationally qualified to perform the services authorized above.  We
also found that St Barth Commuter is substantially owned and effectively
controlled by homeland nationals.  The carrier is properly licensed and
designated by the Government of France to perform the proposed services.
 By memorandum dated October 5, 2004, the FAA advised us that it knew of
no reason why we should act unfavorably on St Barth Commuter’s
application.

The charter authority granted to St Barth Commuter above is limited to
operations involving aircraft designed to have a maximum passenger
capacity of not more than 60 seats or a maximum payload capacity of not
more than 18,000 pounds.

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) the applicant was

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

2

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:

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

  St Barth Commuter’s application was accompanied by a motion under
Rule 12 (14 CFR § 302.12) to withhold certain financial information
from public disclosure.  In support of its motion, St Barth Commuter
states that the information is proprietary and commercially sensitive,
and that St. Barth Commuter would be adversely affected by its
disclosure.  We have reviewed the documents under the disclosure
guidelines of Rule 12 and have determined that they warrant confidential
treatment.  Because of the commercially sensitive nature of the
information, we have determined that the documents fall within the
Freedom of Information Act exemption for proprietary information and
would adversely affect the competitive position of St Barth Commuter
under 49 U.S.C. § 40115.

  St Barth Commuter is wholly owned by Bruno Magra, a citizen of France.
 In addition, all of St Barth Commuter’s key management personnel,
with the exception of its chief pilot, are citizens of France.

