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

on the 1 st day of August , 20 1 3

Served: October 17, 2013

Application of

EMPRESA PUBLICA TAME LINEA AEREA

DEL ECUADOR TAME EP Docket DOT

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- 201 3

- 00 8 5

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 2013

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, issued July 10, 2013

, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a n amended 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 b e deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §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 2013

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- X and award to Empresa

Publica TAME Linea Aerea Del Ecuador TAME EP the attached foreign air carrier permit subject to the conditions attached to the Order (and attached to the presen t order as Appendix A ) ;

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

become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the Presid ent 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 remaini ng requests for relief in Docket DOT

OST

- 2013

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1 This order was submitted for review unde r 49 USC §41307 on August 1, 2013 . On October 1, 2013 , we received notification that the President’s designee, under Executive Order 12597 and implementing regulations, did not intend to disapprove the Department’s Order.4 . We will serve a copy of this order on the applicant, the Embassy of Ecuador in Washington, D.C.,

the Department of State, and the Federal Aviation Administration

.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at: http://www.regulations.govIssued by

Order 20 1 3

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### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

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



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



### EMPRESA PUBLICA TAME LINEA AEREA

DEL ECUADOR TAME EP

A Foreign Air Carrier of Ecuador

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:

Scheduled foreign air transportation of persons, property and mail between Guayaquil and/or Quito, Ecuador, on the one hand, and New York, New York, on the other hand;

and

Charter foreign air transportation of persons, property, and mail between Ecuador and

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 October 1, 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 th e 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 operate d by airlines designated by the Government of Ecuador (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 desig nated by the

Government of Ecuador in lieu of the holder; or (4) upon the termination or expiration of theapplicable air services agreement between the United States and Ecuador

. However, clause (4)

of this paragraph shall not apply if prior to such term ination or expiration, the foreign air transportation authorized herein becomes the subject of another treaty, convention or agreement

to which the United States and Ecuador become parties.

The Department of Transportation has executed this permit and aff ixed its seal on August 1,

2013.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit 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 Transportatio n 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. Gov ernment 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 Re presentative (IIR) (formerly referred to as International Principal Security Inspector) to advise the I IR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to b e 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 F ederal 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 provi ded 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 o f 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 t reaty 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 t he 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 a pplicable 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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