UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 14 , 2012



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2012

- 00 2 3

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

Applicant : DUTCH ANTILLES EXPRESS, B.V. ( DAE) Date Filed: February 10, 2012

Relief requested: E xemption from 49 USC § 41301 to permit the applicant to engage in : 1) scheduled foreign air transportation of persons, property, and mail from a point or points behind Curacao, via Curacao and intermediate points, to a point or points in the United States and beyond; 2) charter foreign air transportation between Curaca o and the United States; and 3) other charter operations pursuant to the prior approval requirements set forth in 14 CFR Part

212. T he applicant states that it will operate its service s pursua nt to a wet lease arrangement with a certificated U.S.

air carri er. 1

Applicant representative: Pierre Murphy

, 202

- 776

- 3980 DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None.

DISPOSITION

Action: Approved , subject to conditions (see below)

. A ction date: March 14 , 2012

Effective dates of authority granted: March 14 , 2012 , through March 14 , 201 4

.

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

- Netherlands Antilles Air Transport Agreement, which continues to apply to Curacao

.

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: Based on the record in this case, we found that the applicant is oper ationally and financially qualified to conduct its proposed operations, 2 and that it is substantially owned and effectively controlled by citizens of its homeland. 3 We also note that the applicant is properly licensed by its homeland to perform the

propos ed services.

DAE may conduct the operations authorized here only by using aircraft wet

- leased from a duly authorized and properly supervised U.S. or foreign air carrier. 4

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 operations; (3) grant of the authority was consist en t

1 We note that Falcon Air Express, Inc. (Falcon), a certificated U.S. car rier, has pending before the Department an application for a

statement of authorization to wet lease aircraft to DAE on a long

- term basis. We will act separately on Falcon’s request.

2 The applicant has requested confidential treatment of its traffic and financial forecasts , under the provisions of

14 CFR §30 2 .12. Good cause having been shown, we will grant this request.

3 DAE states that it is undergoing financial restructuring and its s hares are ultimately pledged to the Curacao Development Bank throug h other legal entities. The applicant states that both the statutory director of the legal entities and the owner of the shares are citizens of the Netherlands. The record indicates that DAE’s Managing Director, Executive Board members, and key managemen t personnel are all citizens of the Netherlands.

4 Curacao is currently a Category 2 country under the Federal Aviation Administration’s International Aviation Safety Assessmen t Program.with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Poli cy 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 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 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 Carrier Exemption Conditions

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

(1) Not con duct 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 Administ ration, 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 wit h 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 I IR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to a llow 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 compl eted 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 authorit y 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 spec ifically 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 transp ortation 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 cl aim 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 wi th 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 ot her 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.

1 2/2007