UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on July 12, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0093 __________________________________________________________________________________________________________________________________ 

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: Open Joint Stock Company Transaero Airlines (Transaero) Date Filed: June 28, 2010 

 

Relief requested: Amended exemption under 49 USC § 40109 to engage in scheduled 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 Federation and intermediate points, to New York, New York and Miami, Florida.1

 

Applicant rep: Gerald F. Murphy, 202-624-2500 DOT analyst: Thuy H. Cooper, 202-366-5423 

Responsive pleadings: None filed 

DISPOSITION 

Action: Approved (subject to conditions, see below). Action date: July 12, 2010 

Effective dates of exemption authority granted: July 12, 2010, through July 12, 2011 

Basis for approval (bilateral agreement/reciprocity): The authority granted is consistent with the Annexes to the 1994 

U.S.–Russian Federation Air Transport Agreement.2

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

X Standard foreign air carrier exemption conditions (attached), and conditions contained in Order 2010-6-11 

Special conditions/Remarks: We acted on this application without awaiting expiration of the answer period with the 

consent of all parties served with the application. 

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) our action was 

consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (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, we denied all requests in the 

referenced Dockets. We may amend, modify, or revoke the authority granted in this Notice at any time without 

hearing at our discretion. 

 

1

 Transaero currently holds exemption authority in this docket for (i) scheduled foreign transportation of persons, property, and 

mail between Moscow, Russian Federation, on the one hand, and New York, New York, and Miami, Florida, on the other hand; 

(ii) charter foreign transportation of persons, property, and mail between points in the Russian Federation and points in the United 

States; and (iii) other charters pursuant to the prior approval requirements set forth in the Department’s regulations governing 

charters. See Order 2010-6-11. Transaero asks that we expand its scheduled authority so that it can sell tickets between other 

points in its network (both intra-Russian and third country points) and Miami and New York, via Moscow. 

2 On February 13, 2009, the United States and the Russian Federation agreed, ad referendum, to revised Annexes to the U.S.-

Russia Air Transport Agreement and stated that, pending their entry into force, the respective aeronautical authorities intend to 

implement the provisions of those Annexes on the basis of comity and reciprocity.
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
ATTACHMENT 

Foreign Carrier Exemption 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. 

1/2008