UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 28 , 2013



### NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

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- 28233 and D OT

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- 28234

_____________________________________________________________________________________________________________________________ ___ 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: AIRBRIDGECARGO AIRLINES LLC (ABC) Date Filed: March 5, 2013

Relief requested: E xemption under 49 U.S.C. §40109 and an a mended foreign air carrier permit under 49 U.S.C. §41301 1 to permit the applicant to engage in scheduled foreign air transportation of property and mail between a point or points in the Russian Federation, on the one hand, via intermediate points, and Miami, Florida; Dallas/Fort Worth, Texas; and Los Ange les, California, on the other hand, and beyond. 2

Applicant representative: Artem Tarasenko , 832

- 585

- 8611 DOT analyst: David R. Christofano, 202

- 366

- 0584

Responsive pleadings: None.

DISPOSITION

Action: Approved request for exemption authority (see remarks below) , request for amended permit authority

deferred

. 3

Action date: March 28 , 2013

Effective dates of authority granted: March 28 , 2013 , through March 28 , 2014

.

Basis for approval: The authority granted is consistent with the Annexes to the 1994 U.S.

- Russian Federation Air Transport Agreement. 4

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 contained in Or der 2011

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.
Special conditions/Remarks : With regard to the scheduled all

- cargo authority granted herein, the applicant may exercise

fifth

- freedom traffic rights only to or from beyond points listed in the Agreement or named by the Russian Federation.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_____________________________________________________________________________________________________________________________ __ Under authority assigned by the Department in i ts 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 consist ent with the public interest; and (4) grant of th e 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 s . We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

1 ABC’s existing foreign air carrier permit, issued in Docket DOT

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- 2823 4 on September 20, 2011, by Order 2011

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, authoriz es it to engage in : 1) scheduled foreign air transportation of property and mail between any point or points in the Russian Federation, on the one hand, via intermediate points, and Houston, Texas; New York, New York; Atlanta, Georgia ; and Chicago,

Illinoi s , on the other hand, and beyond to a point or points in the Western Hemisphere; and 2) charter foreign air transportation of property and mail between any point or points in the Russian Federation and any point or points in the United States, and oth er ch arters in accordance with 14 CFR Part 212

. 2 ABC states that it proposes to begin its new services on April 2, 2013.

3 We will act on ABC’s amended permit request separately.

4 On February 14, 2013 , the United States and the Russian Federation agreed, ad referendum , to revised Annexes to the

U.S.

- Russia Air Transport Agreement and stated that, pending their entry into force, the respective aeronautical authorities inten d to implement the provisions of those Annexes on the basis of comity and reciprocity.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.govForeign 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 wi th 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 s ecurity, 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 refe rred 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 r equirements 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 Administrati on’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 Departmen t 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, inclu de 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 repo rting 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); a nd

(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

un der Title 49 of the U.S. Code.

12/2007