Order 20 1 3

- 3

- 3

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31 st day of December , 201 2

Served: March 5, 201 3

Ap plication of

OPEN JOINT STOCK COMPANY TRANSAERO

AIRLINES Docket DOT

- OST

- 2010

- 0093

for a n amended foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 201 2

- 11

- 37 , issued November 30 , 201 2

, we directed all interested pers ons to show cause why we should not make final our tentative findings 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 attached thereto. We gave interested perso ns 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make fin al 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 awar d to Open Joint Stock Company Transaero Airlines the amended foreign air carrier permit with associated

conditions attached to the Ord er (and attached as the Appendix to the present order)

, and to the conditions that, in the conduct of the services authorized herein, Open Joint Stock Company

Transaero Airlin es must adhere to (1) FAA

- approved flight routings; and (2) the Air Transport Agreement between the United States and the Russian Federation, including its Annexes. In accordance with 14 CFR §212.9(d) and (e) of the Department’s rules, Open Joint Stock

Co mpany Transaero Airlines shall not perform any charter(s) unless specific authority in the form of a statement of authorization for such charter(s) has been granted by the Department. Applications for the statements of authorization required above shall be filed in accordance with the procedures set forth in 14 CFR §212.10 ;2

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or u pon 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 ex tent not acted upon above, we dismiss all remaining requests for relief in Docket

DOT

- OST

- 2010

- 0093 ; and

4 . We will serve a copy of this order on Open Joint Stock Company Transaero Airlines ; the Embassy of the Russian Federation; 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 U.S.C. §41307 on December 31, 201 2 . The 61 st day is

M arch 4 , 201 3 . Since the President’s designee did not disapprove this Order before tha t date, it became effective on

M arch 4 , 201 3

.Issued by

Order 201 3

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### ---------------------------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER (as amended)



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

OPEN JOINT STOCK COMPANY TRANSAERO AIRLINES

A Foreign Air Carrier of the Russian Federation

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rul es, and regulations of the Department of Transportation, to engage in the following:

S cheduled foreign air transportation of persons, property, and mail from any point or points behind the Russian Federation, via any point or points in the Russian Federat ion and intermediate points, to Los Angeles, California; New York, New York ; Miami, Florida

and San Francisco, California; and charter foreign transportation of persons, property, and mail between points in the Russian Federation and points in the United S tates

.

The holder shall also be authorized to engage in other cargo 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 pri vileges 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

tran sportation 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 March 4 , 20 13. Unless otherwise te rminated 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, convent ion, 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 the Russian Federation (or,

if the r ight 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 the Russian Federation in lieu of the ho lder; or (4) upon thetermination or expiration of the applicable air services agreement between the United States and the Russian Federation. However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, the foreign ai r transportation authorized herein becomes the subject of another treaty, convention or agreement to which the United States and the Russian Federation become parties.

The Department of Transportation has executed this permit and affixed its seal on December 31, 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 h olds 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 Secu rity 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 Represent ative (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 serve d;

(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 Fed eral 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 operat ional 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 pu rposes 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 c ontract 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 agree ment 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 conside red 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 Par t 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 expli cit Department approval under Title 49 of the U.S. Code.

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