UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 27, 2 0 10



### NOTICE OF ACTION TAKEN

-- DOCKET D OT

- OST

- 2004

- 17379

_____________________________________________________________________________________________________________________________ ___ 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: 

### Saudi Arabian Airlines

D ate Filed: October 5, 2010

Relief requested: Renew ex emption from 49 U.S.C. §41301 to conduct scheduled foreign air transportation of property

and mail between Jeddah and Dammam, Saudi Arabia, on the one hand, and New York, New York, and Houston, Texas,

on the other hand, via Brussels, Belgium.

If renewal, date and citation of last action: October 7, 2009, in this docket

Applicant representa tive: Stephen J. Fearon & Bartholomew J. Banino (212) 490

- 9100

DOT analyst: Shelita Johnson ( 202 ) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: October 27, 20 10

Effe ctive dates of authority granted: October 27, 20 10

– October 27, 20 1 1

Basis for approval (bilateral agreement/reciprocity): Bilateral aviation agreement between the United States and Saudi

Arabia

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

X Standard exemption conditions (attached) X Foreign air carrier permit conditions (Order 88

- 12

- 13)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_____________________________________________________________________________________________________________________________ _______ We found that the applicant was qualified to perform its proposed operations.

Under authority assi gned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was

consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) 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 witho ut 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 th is 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:

http://www.regulations.gov12/2007 

### Foreign Carrier Exemp tion Conditions

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 suc h authorization 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 flig hts) from 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 plan s 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 airwo rthiness 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 Warsa w 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 an y 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 agree d

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 "i nternational 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 requir ed 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.