UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on December 13 , 2010



### 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 co nfirming order will be issued in this matter).

Applicant: AERO LINHAS BRASILEIRAS
, S.A. (ABSA) Date Filed: November 8, 2010

Relief requested: Renewal of e xemption from 49 U SC § 41301 to permit the applicant to c onduct : 1) scheduled foreign air transportation of property and mail between any point or points in Brazil, via intermediate points, and the U.S. coterminal points New York , New York; Atlanta , Georgia; Miami , Florida; Orlando , Florida; Detroit , Michigan;
Houston, Texas; Ch icag o, Illinois; Los Angeles, California; Baltimore, Maryland/ Washington, D.C.; Boston

, Massachusetts ; San Francisco , California ; and San Juan, Puerto Rico ; 2) scheduled foreign air transportation of property and mail from a point or points in Brazil, via inte rmediate points, to Miami, Florida, and beyond to Frankfurt, Germany , and Amsterdam, t he Netherlands ; and 3 ) charter foreign air transportation of property and mail between any point or points in Brazil and any point or points in the Un ited States, and other charters in accordance with 14 CFR

Part 212

.

D ate and citation of last action: November 18, 2009

, in this D ocket

. Applicant representative: Celestino Pena

, 305

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- 5655 DOT analyst: Robert J. Finamore , 202

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Responsive pleadings: No ne.

DISPOSITION

Action: Approved. Ac tion date: December 13 , 2010

Effective dates of authority granted: December 13 , 2010 , through December 13 , 201 1

. Basis for approval (bilateral agreement/reciprocity): United States

- Brazil Air Transport Agreement

. Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our s tandard

e xemption conditions (attached).

Special conditions/Remarks: ABSA may not conduc t any charters to/from the United States without prior Department approval, in the form of a Statement of Authorization. The authority granted ABSA here is subject to the terms,

limitations and conditions of the U.S.

- Brazil Air Transport Agreement, in addition to ou r standard exemption

conditions.

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 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 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 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, th e 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 appl icable 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 Internatio nal 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 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

Fo rm 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 exemp ted 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 i nternational 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 State s 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 requiremen ts 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 charte rs (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 transferr ed without explicit Department approval under Title 49 of the U.S. Code.

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