UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 27 , 20 1 2

NOTICE OF ACTION TAKEN

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_______________________________________________________________________________________________ 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 : Tiara Air N.V. ( Ti ara ) Date Filed: November 21 , 2011

Relief requested : E xemption under 49 U.S.C. § 4 0109 to permit Tiara to engage in scheduled and charter foreign air transportation of persons

, property , and mail between a point or points in Aruba , on the o ne hand, and a point or points in the United States, on the other hand

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Applicant representative : C .A. Southerland (954) 763

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DOT analyst: Brett D. Kruger ( 202 ) 366

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Responsive pleadings: None.

DISPOSITION

Action: Approved

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Action date: April 27 , 2012

Effective dates of authority granted: April 27 , 2012 , through April 27 , 2014

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

- A ruba 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).

Special conditions/Remarks: We found that the applicant is operation ally and financially qualified to conduct its proposed operations and is substantially owned and effectively controlled by citizens of it s claimed homeland

. 1 2 We also note that the applicant is properly licensed by its homeland to perform the propose d s ervices. In addition, on April 23, 2012, the FAA advised us that it knew of no reason to withhold this authority

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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 was qualified to perform its proposed operati ons; (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 an d Conservation Act of 1975. To the extent not granted/deferred/dismissed, we d enied 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 ef fective when taken, and the filing of a petition for review will not alter such effectiveness

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An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 The applicant has requested confidential treatment of its financial submissions, under the provisions of 14 C FR §302.12. Good cause having been shown, we will grant this request.

2 Tiara states that 100% of its shares are held by Alejandro Muyale, a citizen of the Kingdom of the Netherlands. Tiara furthe r states that its President/CEO and three of its four Dire ctors are citizens of the Netherlands, and the remaining Director is a citizen of Fiji.

### Foreign Carrier Exemption 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 such authorization with the Department;

(2) Comply with all applicable requirement s 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 app licable. 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 f or the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector ) to advise the I IR of its plans and to find out whether the Transportation Security Administration has

determi ned 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 suc h 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 op erate 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 th is 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 opera tions 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 Uni ted 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 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, c omply 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 appli cable 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, th is authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.

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