Order 20 1 2

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UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION OFFI CE OF THE SECRETARY WASHI NGTON, D.C. Issued b y the Department of Transportation on the 27 th day

of September , 20 1 2 Served: November 28, 2012

Appli cation of
**TAMPA CARGO S.A.** Docket DOT

- OST

- 201 2

- 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 20 1 2

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- 5 , issued September 6 , 20 1 2 , we directed all interested persons to show cause wh y 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 attach ed thereto. We gave interested persons 21 day s 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 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 and implementing regulations that he or she does not intend to disapprove the Department’s order under th at section, whichever occurs earlier; 1 3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket DOT

OST

- 2012

- 0110; and

1 This order w as submitted for review under 49 USC §41307 on September 27, 2012. The 61 st day is November 27, 2012. Since the President or his designee did not disapprove this order befo re that date, it became effective on November 27, 2012.4 . We will serve a cop y of this order on the applicant, the Embass y of Colombia in Washin gton, D.C.,

the Department of State, and the Federal Aviation Administration. By : PAULL . GRETCH Director Office of International Aviation (SEAL)Is sued by Order 20 1 2

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### UNITED STATES OF AMERICA **DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY**  **WASHINGTON, D.C.**

-------------------------------------------------------- FOREIGN AIR CARRI ER PERMI T

(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 f rom 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 orde r, and to all applicable provisions of any

treat y, 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 h omeland 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 treat y, convention or agreement, this permit shall terminate (1) upon the dis solution or liquidation of the holder to whom it was issued; (2) upon the effective date of an y treat y, 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 an y permit granted b y the Departm ent to an y other carrier designated b y 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 airtransportation 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 :

PAULL . GRETCH Director Office of International Aviation



### (SEAL)**Foreign Air Carrier Permit Conditions**

In the conduct of the operations authorized, the foreign carrier appli cant 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 Av iation 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 State s, 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 i s 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 specifica lly 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 sovereig n 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 th at, 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 a ny 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 S tates 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 o f 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 (inclu ding 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, a nd 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 exp licit Department approval under Title 49 of the U.S. Code. 12/2007