UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on August 26, 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2010

- 0072

_____________________________________________________________________________________________________________________________ ___ 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 : 

### VRG LINHAS AEREAS S.A. d/b/a GOL (Gol) Date Filed: May 24, 2011

Relief requested: Renew and amend exemption authority under 49 USC § 40109 to permit Gol to engage in charter

fore ign air transportation of persons, property and mail between the United States and Brazil, and other charters in

accordance with 14 C.F.R. 212.

If renewal, date and citation of last action: June 16, 2010, in this docket

Applicant representative: Charles F. Donley II (202) 626

- 6840

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : August 26, 2011

Effective dates of exemption authority granted: August 26, 2011

– August 26, 2012

Basis for approval (bilateral agreement/reciprocity) : Air Trans port Agreement between the United States and Brazil

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

X Standard exemption conditions (attached) Foreign air carrier p ermit ( Order )

Special conditions/Partial grant/Denial basis/Remarks:

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 co nsistent 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 docu ment is available on the World Wide Web at:

http://www.regulations.gov12/2007 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 Administrati on, 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 con cerning 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) (form erly 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 w ith 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 Adm inistration’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 requ irements 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 carria ge, 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 co gnizable 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 Co ntracting 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 an d

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 applica ble 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 ap proval under Title 49 of the U.S. Code.