UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on December 19

, 20 12



### NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 2010

- 0201, DOT

- OST

- 2010

- 0207,

DOT

- OST

- 2010

- 0220 and DOT

- OST

- 2010

- 0221

________________________________________________________________________________________________ ________ This serves as notice to the public of the act ion described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Docket DOT

- OST

- 2010

- 0201

Applicant: NIKI LUFTFAHRT GMBH (NIKI) Date f iled: September 27, 2012

Relief requested: Renewal of exemption under 49 USC §40109 to permit NIKI to display the designator code of

American Airlines, Inc. (American) on all flights it operates within Europe on behalf of Air Berlin PLC & Co. Luftverkehrs KG (Air Berlin)

. 1

Dockets DOT

- OST

- 2010

- 0207, DOT

- OST

- 2010

- 0220 and DOT

- OST

- 2010

- 0221

Applicants: LUFTFAHRTGESELLSCHAFT WALTER GMBH (LGW), GERMANIA FLUGGESELLSCHAFT MBH (Germania) and TUIFLY GMBH (TUIfly)

Date f iled: September 27, 2012

Relief requested: Renewal of e xemption authority under 49 USC §40109 to permit LGW, Germania, and TUIfly to display the designator code of American on all flights each carrier operates within Europe as wet

- lessors of Air Berlin. 2

Applicant representative s : James G. Ehrig and Bath A. FitzPatrick , 202

- 659

- 6600

DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None filed.

DISPOSITION

Action: Approved Action date: December 19 , 20 12

Effective dates of authority granted: December 19 , 20 12 , through December 19 , 20 14

.

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

- EU Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our 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) our action was consistent w ith Department policy; (2) the applicant s were qualified to perform their proposed operations; (3) grant of the authority was consi stent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Poli cy and

1 The applicant states that it will neither sell seats in its own name for travel to or from the United States, nor operate air craft to any U.S. point.

2 Ibid.Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Dock et s

. 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 regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effec tive 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.gov

### Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any op erations 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, the Tran sportation 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 foreign airport that would be the holder’s last point of departure for the United States, contact its International In dustry 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 airpor t(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, w ith 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 provi ded 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 o f 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 tr eaty 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 a Member 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 (includin g 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 e xplicit Department approval under

Title 49 of the U.S. Code.

EU carrier 01/2008