UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on December 16, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2005-20717 ________________________________________________________________________________________________________________________________

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: DHL AVIATION EEMEA B.S.C.(c) (DHL Aviation)1 Date Filed: September 30, 2011

Relief requested: Renewal of exemption from 49 USC §41301 to engage in scheduled foreign air transportation of 

property and mail between Bahrain, on the one hand, and New York, New York, on the other hand, via Brussels, 

Belgium and Dubai, United Arab Emirates. The applicant states that it would conduct these services only by wet 

leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.2

If renewal, date and citation of last action: September 30, 2009, in this Docket.

Applicant representatives: Bruce H. Rabinovitz and David Heffernan, 202-663-6000

DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: December 16, 2011

Effective dates of authority granted: December 16, 2011, through December 16, 2013.

Basis for approval: United States-Bahrain Air Transport Services Agreement.

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

exemption conditions (attached) and to the conditions specified below.

Special conditions/Remarks: With respect to the ownership and control of the applicant, DHL Aviation states that, like 

its predecessor DHLI, it is a wholly-owned subsidiary of Deutsche Post AG and is owned by German citizens. DHL 

Aviation further states that its three-member board of directors now consists of two Australian citizens and one British 

citizen. In addition, DHL Aviation states that its key management personnel consists of citizens of Bahrain, South 

Africa, Canada, Ireland, the United States, and New Zealand. DHL Aviation requests that, to the extent the 

Department may deem it necessary, the Department exercise its discretion to waive the requirement that a foreign air 

carrier be substantially owned and effectively controlled by citizens of its homeland.

Consistent with our previous grant of authority to DHLI, in spite of the fact that we are unable to find that DHL

Aviation is substantially owned and effectively controlled by homeland nationals, we find it appropriate to waive our 

ownership and control requirements as there is no evidence on the record which would suggest that the ownership and 

 1 The applicant, a foreign air carrier of Bahrain formerly known as DHL International B.S.C. (DHLI), stated in its application that 

it has undergone a corporate reorganization and is a successor entity to DHLI.

2 DHL Aviation states that it proposes to conduct its services pursuant to a wet lease and code-share agreement with Kalitta Air, 

L.L.C. (Kalitta), whereby Kalitta will display the “ES” designator code of DHL Aviation on flights operated by Kalitta on a New 

York-Brussels-Bahrain-Dubai routing.
control of the carrier would be inimical to U.S. aviation policy or interests. We also note that the applicant is properly 

licensed by its homeland to perform its proposed services.

DHL Aviation may conduct the operations at issue here by wet-lease or code-share arrangement with a duly authorized 

and properly supervised U.S. or foreign air carrier. DHL Aviation may not conduct U.S. operations with its own 

aircraft and crews without further action by the Department.

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 with 

Department policy; (2) the applicant was qualified to perform its proposed operations; (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 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 regulations, 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, 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