UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on March 22, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-28975 ________________________________________________________________________________________________________________________________

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: British Midland Airways Limited d/b/a bmi Date Filed: November, 11, 2011

Relief requested: Renewal of exemption from 49 U.S.C. § 41301 to engage in: (1) foreign scheduled and charter air 

transportation of persons, property and mail from any point or points behind any Member State of the European Union, 

via any point or points in any Member State and via intermediate points to any point or points in the United States and 

beyond; (2) foreign scheduled and charter air transportation of persons, property and mail between any point or points in 

the United States and any point or points in any member of the European Common Aviation Area; (3) foreign scheduled 

and charter cargo air transportation between any point or points in the United States and any point or points; (4) other 

charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and (5) 

transportation authorized by any additional route rights made available to European Community carriers in the future.

The applicant requests that its exemption authority be renewed for a two-year period.

If renewal, date and citation of last action: November 19, 2009, in this docket

Applicant representative: Charles F. Donley II & Marshall S. Sinick (202) 626-6840

 

DOT Analyst: Shelita A. Johnson (202) 366-1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved, subject to conditions (see below) Action date: March 22, 2012

Effective dates of exemption authority granted: March 22, 2012 – March 22, 2014

Basis for approval (bilateral agreement/reciprocity): U.S.-EU Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

 X Exemption conditions (attached) Foreign air carrier permit (Order )

Special conditions: The applicant shall, before it commences any new service under (5) above, provide the Department in 

this Docket with evidence that it holds a homeland license for that new service, unless it has already provided such 

evidence to 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 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 (AFS260), 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 a Member State of the European Union;

(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.

EU carrier 01/2008