Order 2012-11-31

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

 on the 27th day of September, 2012

Served: November 28, 2012

Application of

TAMPA CARGO S.A. Docket DOT-OST-2012-0110 

for an exemption under 49 U.S.C. § 40109 and an 

amended foreign air carrier permit under 49 U.S.C. § 

41301

FINAL ORDER

By Order 2012-9-5, issued September 6, 2012, we directed all interested persons to show cause why 

we should not make final our tentative findings and conclusions stated therein and award an amended 

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 the Order and award to Tampa Cargo S.A. 

the amended foreign air carrier permit and conditions attached to the Order (and attached to the present 

order as Appendix A);

2. Unless disapproved by the President of the United States under 49 USC §41307, this order shall 

become effective on the 61st 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 and implementing 

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 DOTOST-2012-0110; and

 

1 This order was submitted for review under 49 USC §41307 on September 27, 2012. The 61st day is November 27, 2012. 

Since the President or his designee did not disapprove this order before that date, it became effective on November 27, 

2012.
4. We will serve a copy of this order on the applicant, the Embassy of Colombia in Washington, D.C., 

the Department of State, and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
 Issued by

 Order 2012-11-31

 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

--------------------------------------------------------

FOREIGN AIR CARRIER PERMIT 

(as amended)

---------------------------------------------------------

TAMPA CARGO S.A. 

A Foreign Air Carrier of Colombia 

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 and charter foreign air transportation of property and mail from points behind 

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

beyond.

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 regulations 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 November 27, 2012. Unless otherwise terminated at an earlier date 

pursuant to the terms of any applicable 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 Colombia (or, if the right is partially eliminated, then the authority of this permit shall 

terminate in like part); (3) upon the effective date of any permit granted by the Department to any other 

carrier designated by the Government of Colombia in lieu of the holder; or (4) upon the termination or 

expiration of the applicable air services agreement between the United States and Colombia. 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 Colombia become parties.

The Department of Transportation has executed this permit and affixed its seal on September 27, 2012.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
Foreign Air Carrier Permit 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 (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