UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on August 30, 2012

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0137

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: Aerovias del Continente Americano S.A. (Avianca) Date Filed: August 13, 2012

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in foreign scheduled air transportation of persons, property, 

and mail for the purposes of serving as the non-operating carrier on a code-share only basis from points behind Colombia, 

via Colombia and intermediate points to points in the United States and beyond, pursuant to code-share arrangements with 

any authorized U.S. or foreign air carriers.1

Applicant representatives: Richard D. Mathias, David M. Endersbee, and Jonathon H. Foglia, (202) 973-7917

DOT Analyst: Darren Jaffe, (202) 366-2512

Responsive pleadings: None filed.

DISPOSITION

Action: Approved, subject to conditions (see below) Action date: August 30, 2012

Effective dates of exemption authority granted: August 30, 2012 – August 30, 2013

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

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

 X Standard exemption conditions (attached)

Special conditions/Remarks: The exemption authority granted to Avianca is limited to operations conducted only through 

its code-share arrangements with duly authorized and properly supervised U.S. and foreign carriers holding the necessary 

statements of authorization, on flights operated by those carriers.

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) the applicant is qualified to perform 

the proposed operations; (2) our action was consistent with Department policy; (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

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Avianca requests that the Department issue the requested authority without limitation as to the code-share partner in order to give 

Avianca maximum flexibility under its existing (and planned) code-sharing and marketing arrangements with (1) United Air Lines, Inc. 

and Continental Airlines, Inc. (see Dockets DOT-OST-2004-19148, DOT-OST-2011-0163, and DOT-OST-201 1-0164); (2) Trans 

American Airlines, S.A. d/b/a TACA Peru (see Docket DOT -OST -2011-0166); and (3) TACA International Airlines, S.A. and Lineas 

Aereas Costarricenses, S.A. (see Docket DOT-OST-2011-0168).
Foreign Carrier Exemption 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 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.

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