UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on May 9

, 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 1996

- 1372

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no

add itional confirming order will be issued in this matter).

Applicant : 

### AEROLINHAS BRASILEIRAS, S.A. (ABSA) Date Filed: April 5, 2011

Relief requested: Amend existing e xemption from 49 U.S.C. § 41301 to the extent necessary to permit the applicant to

condu ct (1) scheduled foreign air transportation of property and mail from any point or points behind Brazil, via Brazil and intermediate points, to any point or points in the United States and beyond; (2) charter foreign air transportation of property and mail

, from any point or points behind Brazil, via Brazil and intermediate points, to any point or points in the United States and beyond; and (3) other charters in accordance with 14 CFR Part 212. 1

D ate and citation of last action: December 13, 2010, in thi s docket

Applicant representative: Celestino Pena, Esq. (305) 856

- 5655 DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : May 9, 2011

Effective dates of exemption authority granted: May 9, 2011

– Ma y 9, 20 12

Basis for approval (bilateral agreement/reciprocity)

. United States

- Brazil Air Transport Agreement

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

X Standard exemption conditions (attached) Foreign air carrier permit ( Order )

Special conditions/Partial grant/Denial basis/Remarks: 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 tha t (1) the applicant is 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 regul atory 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 he aring at our discretion.

1 ABSA’s existing exemption (see Notice of Action Taken iss ued on December 13, 2010, in this docket) authorizes

, in addition to charter service, scheduled all

- cargo service between Brazil and certain named U.S. and third

- country points. ABSA here is seeking to amend its exemption authority consistent with the tra ffic rights set forth under the provisions of the U.S.

- Brazil Air Transport Agreement and the U.S.

- Brazil Memorandum of Consultations signed March 18, 2011.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 N otice. 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.gov12/2007 Foreign Carrier Exemption Co nditions

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 autho rization 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 lim ited 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) f rom 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 (AFS

- 260), Flight Standards Service (any changes to, or ter mination 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 airworthine ss 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 Conv ention 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 cour t 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 stop ping 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 "interna tional 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 th e 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 author ized, 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 ho lder 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.