### UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFTHESECRETARY WASHINGTON,D.C. Issued by the Department ofTransportation on April 26, 2012 

### NOTICE OFACTION TAKEN

-- DOCKETDOT-OST-2010-0094 This serves as notice to the public ofthe action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: 

### VRGLINHAS AEREAS S.A. d/b/a GOL (Gol) DateFiled: April 4, 2012 Reliefrequested: Renew exemption from 49 U.S.C. § 40109 to permit Gol to engage in foreign airtransportation of persons, property and mail to the extent necessary to display DeltaAirLines, Inc.'s "DL

### *" designatorcode on flights that it operates (i) between points in Brazil and (ii) beyond Brazil to any point orpoints. 1 · Ifrenewal, date and citation oflast action: May 16, 2011, 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: April 26, 2012 ·ective dates ofexemption authority granted: April 26, 2012 -April 26, 2013 Basis for approval (bilateral agreement/reciprocity): AirTransport Agreementbetween the United States andBrazil and the Memorandum ofConsultations signed March 19, 2011 Except to the extentexempted/waived, this authority is subjectto the terms, conditions, and limitations indicated: _K_Standard exemption conditions (attached)

__ Foreign air carrierpermit (Order )

Action taken by: Paul L. Gretch, Director Office ofInternational Aviation Under authority assigned by the Department in its regulations, 14 CPRPart 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant ofthe authority was consistent with the public interest; and (4) grant ofthe authority would not constitute a majorregulatory action undertheEnergyPolicy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, orrevoke the authority granted in this Notice at any time withouthearing at ourdiscretion. Persons entitled to petition the Department for review ofthe action set forth in this Notice under the Department's regulations, 14 CPR§ 385.30, may file theirpetitions within seven (7) days afterthe date ofissuance ofthis Notice. This action was effective when taken, and the filing ofa petitionfor review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 Go! states that it does not sell seats in its name for travel to or from the United States under this operating authority.Foreign CarrierExemption Conditions In the conduct ofthe operations authorized, the foreign carrier applicant(s) shall: (I) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy ofsuch authorization with the Department; (2) Comply with all applicable requirements ofthe Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Governmentrequirements concerning security, including, but not limited to, I4 CFR Parts 129, 9I, and 36 and49 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 charterflights) from a foreign airport that would be the holder's last point ofdeparture for the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR ofits 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 I4 CFRPart 205, and, prior to the commencement ofany operations underthis authority, file evidence ofsuch coverage, in the form ofa completed OSTForm 64II, with the Federal Aviation Administration's Program Management Branch (AFS-260), Flight Standards Service (any changes to, ortermination of, insurance also shall be filed with that office); (4) Not operate aircraft underthis authority unless it complies with operational safety requirements at least equivalent to Annex 6 ofthe Chicago Convention; · (5) Conform to the airworthiness and airman competency requirements ofits Governmentfor 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 ofWarsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver ofsovereign immunity, for the purposes of28 U.S.C. 1605(a), but only with respect to those actions orproceedings instituted against it in any court orother tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract ofcarriage, include a point in the United States as a point of origin, point ofdestination, oragreed stopping place, orfor which the contract ofcarriage was purchased in the United States; or (b) based on a claim under any international agreement ortreaty cognizable in any court orother tribunal ofthe United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, exceptthat all States shall be considered to be High Contracting Parties for the purpose ofthis definition; (8) Except as specifically authorized by the Department, originate orterminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFRPart 217, concerning the reporting ofscheduled, nonscheduled, and charter data; (10) Ifcharter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including I4 CFRParts 212 and 380); and (II) 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 ofthe 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 cannotbe sold or otherwisetransferred without explicitDepartment approval underTitle49 ofthe U.S. Code.

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