Order 20 15

- 5

- 12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

o n th e 18th day of March

, 20 15

Served: May 1 9 , 2015

Application of

Arubaanse Lucht v aart Maatsch a ppij N.V. d/b/a Aruba

Airlines

Docket DOT

- OST

- 2012

- 0212

for an exemption under 49 U.S.C. §40109 and a foreign air

carrier permit under 49 U.S.C. §41301

*CORRECTED COPY

FINAL ORDER

By Order 2015

- 2

- 10 , issued on February 24, 2015 , we directed all interested persons to show

cause why we should not make final our tentative findi ngs and conclusions stated therein and

award a foreign air carrier permit in the form attached to the Order and subject to the conditions

attac hed thereto. We gave i nterested persons 21 days to file objections to the Order. We said

that if no objections are filed, all further procedural steps shall be deemed waived, and the

Department will enter an order (subject to Pres idential review under 49 USC § 41307) which will

make final the findin gs and conclusions of the Order

.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in Order 2015

- 2

- 10 and award to

Arubaanse Lucht v aart Maatsch a ppij N.V. d/b/a Aruba Airlines the foreign air carrier permit

subject to the conditions attached to the Order ( and attached as the Appendix to the present

O rder );

2. Unless disapproved by the President of the United States under 49 USC § 41307, this order

shall become effective on the 61 st day after its submission for § 41307 review or upon the date of

receipt of advice from the President or his designee under Execut ive Order 12597 andimplementing regulations that he or sh e does not intend to disapprove the Department’s order

under that section, whichever occurs earlier ; 1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in this D ocket

(DOT

- OST

- 2012

- 0212 ); and

4

. We will serve a copy of this order on the applicant , the Embassy of Aruba to the United States

in Washington, D.C., the Federal Aviation Administration, and the U.S. Department of State.

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

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

http://www.regulations.gov

1 This order was submitted for review under 49 U.S.C. §41307, March 18 , 201 5

. The 61 st day is May 18 , 201 5

. Since the President or his designee did not disapprove this order before that date, it became effective on May 18

, 201 5

.Issued by

Order 2 0 1 5

- 5

- 12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



### --------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER



### ---------------------------------------------------------



### Arubaanse Lucht v aart Maatsch a ppij N.V. d/b/a Aruba Airlines

A F oreign Air Carrier of Aruba

is authorized, su bject to the following provisions, the provisions of Title 49 of the U.S. Code,

and the orders, rules, and regulations of the Department of Transportation, to engage in :

Scheduled foreign air transportation of persons, property and mail from points behind

Aruba via Aruba and intermediate points to a point or points in the United States and

beyond;

Scheduled and charter all

- cargo service between the United States and any other point

or points; and

Charter foreign air transportation of persons, property, and mail between any point or

points in Aruba and any point or points in the United States, and between any point or

points in the United States and any point or points in a third country or countrie s,

provided that, except with respect to cargo charters, such service constitutes part of a

continuous operation, with or without a change of aircraft, that includes service to

Aruba for the purpose of carrying local traffic between Aruba and the United St ates.

The holder shall also be authorized to engage in other charter trips in foreign air transportation,

subject to the terms, conditions, and limitations of the Department’s regulations governing

charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms,

conditions and limitations in both the order issuing this permit and the attachment to this order,

and to all applicable provisions of any treaty, convention or agreement affecting international air

t ransportation now in effect, or that may become effective during the period this permit remains

in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on May 18, 2015

. Unless otherwis e terminated at an earlier date

pursuant to the terms of any applicable treaty, convention or agreement, this permitshall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2)

upon the effective date of any treaty, convention, or agreement or amendment, which shall have

the effect of eliminating the bilateral right for the service authorized by this permit from the

service which may be operated by airlines designated by the Government of Aruba (or, if the

right is p artially eliminated, then the authority of this permit shall terminate in like part); (3)

upon the effective date of any permit granted by the Department to any other carrier designated

by the Government of Aruba in lieu of the holder; or (4) upon the term ination or expiration of the

applicable air services agreement between the United States and Aruba . However, clause (4) of

this paragraph shall not apply if prior to such termination or expiration, the foreign air

transportation authorized herein becomes the subject of another treaty, convention or agreement

to which the United States and Aruba become parties.

The Department of Transportation has executed this permit and affixed its seal on March 18,

2015

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Appendix A

Foreign Air Carrier Permit 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 requirements of the Federal Aviat ion 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 co mpliance 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 I IR of its plans and to find out whether the Transportation Security Administration has determined that security is

a dequate 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 thi s 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 w aiver 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 t ransportation 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, ex cept 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 rul es 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.

1 2/2007