Order 2013-2-3

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 3rd day of December, 2012

 Served: February 5, 2013

Application of

LLC NORD WIND Docket DOT-OST-2012-0153

 

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

air carrier permit under 49 U.S.C. §41301 

FINAL ORDER

By Order 2012-11-2, issued November 8, 2012, we directed all interested persons to show cause why we 

should not make final our tentative findings and conclusions stated therein and award a 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 U.S.C. §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 Order 2012-11-2 and award to LLC Nord 

Wind the foreign air carrier permit subject to the conditions attached to the Order (and attached as the 

Appendix to the present Order), and to the conditions that, in the conduct of the charter services 

authorized herein, LLC Nord Wind 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 §212.9(d) and (e) of the Department’s rules, LLC Nord Wind 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 § 212.10;

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

become effective on the 61st day after its submission for §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 DOT-OST2012-0153; and

4. We will serve a copy of this order on LLC Nord Wind, the Embassy of the Russian Federation in 

Washington, D.C., the Federal Aviation Administration, and the U.S. Department of State.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

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 3, 2012. The 61st day is February 4, 2013.

Since the President or his designee did not disapprove this order before that date, it became effective on February 4, 2013.

 
Issued by

Order 2013-2-3

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER

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

LLC Nord Wind

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, rules, and regulations of the Department of Transportation, to engage in charter foreign air 

transportation of person, property, and mail as follows:

Between any point or points in the Russian Federation and any point or points in the United 

States.

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 February 4, 2013. 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 the Russian Federation (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 the Russian Federation in lieu of the 

holder; or (4) upon the termination 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 air 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 3, 2012.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
Foreign Air Carrier Permit Conditions Appendix

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.

12/2007