Order 2015-5-12

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 18th day of March, 2015

 Served: May 19, 2015

Application of

Arubaanse Luchtvaart Maatschappij 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 findings and conclusions stated therein and 

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

attached thereto. We gave interested 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 Presidential review under 49 USC §41307) which will 

make final the findings 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 Luchtvaart Maatschappij 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 

Order);

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

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

receipt of advice from the President or his designee under Executive Order 12597 and 
implementing regulations that he or she 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 Docket 

(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, 2015. The 61st day is May 18, 2015. 

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

2015.
 Issued by

 Order 2015-5-12

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

--------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER

---------------------------------------------------------

Arubaanse Luchtvaart Maatschappij N.V. d/b/a Aruba Airlines

A Foreign Air Carrier of Aruba

is authorized, subject 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 countries, 

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 States. 

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 

transportation 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 otherwise terminated at an earlier date 

pursuant to the terms of any applicable treaty, convention or agreement, this permit 
shall 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 partially 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 termination 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 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 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 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.

12/2007