UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 2, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0017 ________________________________________________________________________________________________________

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: POLSKIE LINIE LOTNICZE LOT S.A. (LOT) Date Filed: January 30, 2012

Relief requested: Exemption under 49 U.S.C. §40109 and an amended foreign air carrier permit under 49 U.S.C. §413011

to engage in:

a. foreign scheduled and charter air transportation of persons, property, and mail from any point or points behind 

any Member State of the European Union, via any point or points in any Member State and via intermediate 

points to any point or points in the United States and beyond;

b. foreign scheduled and charter air transportation of persons, property, and mail between any point or points in the 

United States and any point or points in any member of the European Common Aviation Area; 

c. other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s 

Economic regulations; and

d. transportation authorized by any additional route rights that may be made available to European Union carriers in 

the future.

Applicant representatives: John E. Gillick and David M. Endersbee, 202-973-7939

DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (exemption authority), remainder (request for amended permit authority) deferred2

 

 

Action date: February 2, 20123

Effective dates of authority granted: February 2, 2012, through February 2, 2014.

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 of our standard 

exemption conditions (attached).

 1 LOT’s existing foreign air carrier permit authorizes it to engage in: 1) scheduled foreign air transportation of persons, property, and 

mail between a point or points in Poland, via named intermediate points, and New York, Chicago, Miami, and Los Angeles; and 

2) charter trips in foreign air transportation subject to the terms, conditions, and limitations of the Department’s regulations governing 

charters. (See Order 95-2-33.) LOT also holds various exemption authorities to engage in certain code-share services. (See Notices 

of Action Taken in Dockets DOT-OST-2003-16118 and DOT-OST-2011-0001.) 2 We note that LOT also requested an amended foreign air carrier permit to engage in its proposed services. We will act on that 

portion of its request separately, with the concurrence of the applicant. 3 The Department is acting on the exemption application of LOT prior to the expiration of the 15-day answer period with the consent 

of all parties served. 
Special conditions/Remarks: With regard to the authority granted here to LOT to conduct transportation authorized by any 

additional route rights made available to European Union carriers in the future, we are requiring LOT, before it 

commences any new service under this authority, to provide us with evidence in this Docket that it holds a homeland 

license for that new service, unless it has already provided such evidence.

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 with 

Department policy; (2) the applicant was qualified to perform its proposed operations; (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 all 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 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 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.gov
Foreign Air Carrier Exemption 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 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 flights) 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 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 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 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 

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 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 "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 (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 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