Order 20 1 3

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation

o n th e 15 th day of February

, 20 1 3

Served: April 18 , 20 1 3

Application of

JSC ORENBURG AIRLINES D / B / A ORENAIR Docket DOT

- OST

- 20 12

- 01 97

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 20 1 3

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- 15

, issued January 23

, 20 1 3

, we directed all interested persons to show cause why we

should not make final our tentative findi ngs and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attac hed there to. We gave

i nterested 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 findin gs 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 201 3

- 1

- 15 and award to JSC Orenburg

Air lines d/b/a Orenair the foreign air carrier permit subject to the conditions attached to the Order ( and

attached as the Appendix to the present O rder ) , and to the condition s that, in the conduct of the charter services authorized herein, JSC Orenburg Airlin es d/b/a Orenair 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 14 CFR §212.9(d) and (e) of the Department’s rules, JSC

Or enburg Airlines d/b/a Orenair shall not perform an y 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 sh all be filed in accordance with the procedures set forth in 14 CFR §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 61 st day after its submission for § 41307 review or up on the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations thathe or sh e does not intend to disapprove the Department’s order under that section, whichever occurs

earlier ; 1

3. To the exte nt not acted upon above, we dismiss all remaining requests for relief in Docket DOT

- OST

20 12

- 0 1 97 ; and

4

. We will serve a copy of this order on JSC Orenburg Airlines d/b/a Orenair

, the Embassy of the Russian Federation in Washington, D.C., the Federal Av iation 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:

h ttp://www.regulations.gov

1 This order was subm itted for review under 49 U.S.C. § 41307 on February 1 5 , 2013. The 61 st day is April 17, 2013

. Since the President or his designee did not disapprove this order before that date, it became effective on April 17, 2013.Issued by

Order 201 3

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER



### ---------------------------------------------------------



### JSC ORENB URG AIRLINES D / B / A ORENAIR

A F oreign Air Carrier of the Russia n 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 eng age in charter foreign air transportation of person, property

, and mail as follows:

B etween 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 i n 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 b oth 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 April 17, 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 Russia n Federation (or, if the right is partially eliminated, then the authority of this permit shall terminate in like p art); (3) upon the effective date of any permit granted by the Department to any other carrier designated by the Government of the Russia n 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 Russia n 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 a greement to which the United States and the Russia n Federation become parties.

The Department of Transportation has executed this permit and affixed its seal on February 1 5 , 2013

.By:

PAUL L. GRETCH

Director

Office of International Aviation 

### (SEAL)Foreign Air Carr ier 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 securi ty, 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 (in cluding 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 P art 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 Servi ce (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) Co nform 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, concernin g 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 destin ation, 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 conditio n, 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 specifical ly 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 ope rations 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 limita tions 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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