Order 20 14

- 8

- 14

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

o n th e 1 3 th day of June

, 20 14

Served: August 15 , 2014

Application of

“ AZERBAIJAN AIRLINES ” CJSC Docket DOT

- OST

- 201 4

- 001 9

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 4

- 5

- 10 , issued May 21 , 201 4 , we directed all interested persons to show cause why

we should not make final our tentative findi ngs and conclusions stated therein and award a n

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

attac hed t hereto. We gave i nterested 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 findin gs 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 4

- 5

- 10 and award to

“ Azerbaijan Airlines ” CJSC the foreign air carrier permit subject to the conditions attached to the

Order ( and attached as the Appendix to the present O rder );

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 § 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 sh e does not intend to disapprove the Department’s order

under that section, whichever occurs earlier ; 1

1 This order was submitted for review under 49 U.S.C. §41307, on June 13 , 2014

. The 61 st day is August 13 , 2014

. Since the President or his designee did not disapprove this order before that date, it became effective on August 13

, 2014

.3. To the extent not acted upon above, we dismiss all remaining requests for relief in this Docket

(DOT

- OST

- 2014

- 001 9 ); and

4

. We will serve a copy of this order on the applicant , the Embassy of Azerbaijan 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 availabl e on the World Wide Web at:

http://www.regulations.govIssued by

Order 20 14

- 8

- 14

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



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

PERMIT TO FOREIGN AIR CARRIER



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



### “ AZERBAIJAN AIRLINES ” CJSC

A F oreign Air Carrier of Azerbaijan

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 p ersons , property, and mail between Baku,

Azerbaijan , and New York, New York; and

C harter air transportation of persons, property, and mail between any point or

points in Azerbaijan and any point or points in 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 reg ulations 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 August 1 3 , 2014

, and shall terminate five years thereafter; provided,

that if during said period the operation of the foreign air transportation authorized becomes the

subject of any treaty, convention or agreement to which the United States and the applicant’s

homeland a re or shall become parties, then this permit is continued in effect during the period

provided in such treaty, convention, or agreement.The Department of Transportation has executed this permit and affixed its seal on August 13

, 201 4

.

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 S ecurity

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. Govern ment 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 Repre sentative (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 s erved;

(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 oper ational 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 p rovided 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 pur poses 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 con tract 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

agreemen t 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 D epartment approval under Title

49 of the U.S. Code.

1 2/2007