UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 28, 2013



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 5

- 20657

_____________________________________________________________________________________________________________________________ ___ 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 DOLOMITI S.P .A. LARE Date Filed : August 26, 2013

Relief requested: Renew exemption from 49 U.S.C. § 41301 to pe rmit the applicant to conduct scheduled foreign air

transp ortation of persons, property, and mail by displaying the code of any duly authorized U.S. air carrier on flights it

operates on behalf of Deutsche Lufthansa AG (Lufthansa) between any point or points in any Member State of the

European Union and beyond th e European Union to any point or points. 1

If renewal, date and c itation of last action: November 7, 2011, in this docket

Applicant representative: Arthur Molins (516) 296

- 9234

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: Non e filed

DISPOSITION

Action: Approved Action date: October 28, 2013

Effective dates of exemption authority granted : October 28, 2013

– October 28, 201 5

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

- EU Air Transport Agreement

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

X Standard exemption conditions (attached)

Action taken by: Paul L. Gretch, Director

Office of International Aviation

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

qualified to perf orm 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

a ll 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 entitle d 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 ta ken, 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

1 This exemption provides the holder with underlying authority to conduct the described code

- share o perations. The holder must also

hold an appropriate Statement of Authorization under 14 CFR Part 212 to conduct any code

- share operations authorized by this notice.Foreign Air Carrier Exemption Conditions

In the conduct of the opera tions authorized, the foreign carrier 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 al l 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 P art 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 l ast 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 Ad ministration 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, f ile 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 of fice);

(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 inter national 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 thi s 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 operat ions 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 Unit ed 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 b y 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 a

M ember 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 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, wi th 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.

EU carrier 01/2008