Order 20 1 1

- 3

- 12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation

on the 5 th day of January , 20 1 1

Served: March 9, 2011

App lication of

ULS HAVAYOLLAR I KARGO TASIMACILIK A.S.

d/b/a ULS AIRLINES CARGO/ULS Docket DOT

- OST

- 20 06

- 25940

for an amended foreign air carrier permit under 49 U.S.C.
§41301

FINAL ORDER

By Order 20 10

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- 18 , issued December 13, 2010 , we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and

award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We g ave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as s tated in the Order and award to ULS Havayollari Kargo Tasima cilik A.S. d/b/a ULS Airlines Cargo/ULS t he amended foreign air carrier permit with associated conditions attached to the Order (and attached as the Appendix to the present order);

2. Unless disapproved by the President of the United States under 49 U.S. C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and2

implementing regulations that he or she does not intend to disapprove the Department’s order
under that section, whichever occurs earlier; 1 and

3. We will serve a copy of this order on ULS Havayollari Kargo Tasimacilik A.S., the Embassy of Turkey, in Washington, D.C., the Department of State, and the Federal Aviation

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 This order was submitted for review under 49 U.S.C. §41307 on January 5, 2011. The 61 st da y is March 7, 2011. Since the President’s designee did not disapprove this order before that date it became effective on March 7, 2011.Appendix B

Issued by

Or der 20 1 1

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER

(as amended)



### ----------------------------------------------- ----------

ULS HAV AYOLLARI KARGO TASIMACILIK A.S.

d/b/a ULS AIRLINES CARGO/ULS

A Foreign Air Carrier of Turkey

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transportation, to engage in charter foreign air transportation of property and mail :

Between a point or points in Turkey, via intermediate points, and points in the United States and beyond

The holder shall also be authorized to en gage in and other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms

, conditions and limitations in both the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effect ive during the period this permit remains in effect, to which the United States and the holder’s homeland are or shall become parties.

Thi s permit shall be effective on March 7, 2011. Unless otherwise terminated at an earlier date pursuant to the terms o f any applicable treaty, convention or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have th e effect of eliminating the bilateral right for the service authorized by this permit from the service which may be operated by airlines designated by the Government of Turkey (or, if the right is partially eliminated, then the authority of this permit sha ll terminate in like part); (3) upon the effective date of any permit granted by the Department to any other carrier designated by the

Government of Turkey, in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agr eement between the United States and Turkey. However, clause (4) ofthis paragraph shall not apply if prior to such termination or expiration, the foreign air

transportation authorized herein becomes the subject of another treaty, convention or agreement

to which the United States and Turkey, become parties.

The Department of Transportation has executed this permit and affixed its seal on January 5,

2011.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Perm it Conditions

In the conduct of the operations 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 authoriz ation 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 fo reign 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

commencemen t 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 competen cy 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 Unite d 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 con tract 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 a ll 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 a pplicable 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 conditio ns imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.

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