Order 20 1 1

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- 17

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

o n the 15 th d ay of April , 20 1 1

Served: June 17 , 2 0 1 1

Application of

ARIK AIR LIMITED Docket DOT

- OST

- 20 10

- 0 279

for an exemption under 49 U.S.C. §40109 and a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 20 1 1

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, issued Marc h 24 , 20 1 1 , 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 20 1 1

- 3

- 29 and award to Arik

Air Limi ted the foreign air carrier permit with associated conditions attached to the Order (and

attached as the Appendix to t he present order)

, subject also to the condition that, in the conduct of the services authorized herein, Arik Air Limited must adhere to t he provisions of the Air Transport Agreement between the United States and Nigeria ;

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 section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 andimplementing 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 Docket

DOT

- OST

- 20 10

- 0 279 ; and

4 . We will serve a copy of this order on A rik Air Limited

, the City of Houston and the Greater Houston Partnership, SH&E, the Embassy of Nigeria in Washington, D.C., the Department of State, and the Federal Aviation Administration

.

By:

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 USC §41307, on April 15 , 20 1 1

. The 61 st day is June 15 , 20 1 1

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

June 15 , 20 11

.Issued by

Order 2011

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER



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



### Arik Air Limited

A Foreign Air Carrier of Nigeria

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 transportati on of persons, property, and mail from points behind Nigeria, via Nigeria and intermediate points, to a point or points in the United States and beyond.

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

condition s 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 June 15, 2011

. Unless otherwise terminated at an earlier date pursuant to the terms of any appli cable 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 Nigeria (or, if the right is partially eliminated, then the authority of this permit shall termina te in like part); (3) upon the effective date of any permit granted by the Department to any other carrier designated by the Government of Nigeria in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agreement bet ween the United States and Nigeria. 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 Nigeria become parties.The Department of Transportation has executed this permit and affixed its seal on April 15 , 2011.

By:

PAUL L. GRETCH

Director

Office of International Aviation 

### (SEAL)Foreign Carrier Permit C onditions

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 autho rization 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 limi ted 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) fr om a foreign airport that would be the holder’s last point of departure for the United States, contact its International Industry Representative (IIR) (formerly known 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 commenc ement 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 air man 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 liab ility 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 t ribunal 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, o r 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 tra nsportation" 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, o riginate 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 inter est 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 c ompliance 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.

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