UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON,D.C. Issued bythe Department ofTransportation on December 3, 2012 

### NOTICE OFACTIONTAKEN-- DOCKET DOT-OST-2010-0270
This serves as notice to the public ofthe action described below, taken bythe Department official indicated (no additional confirming order will be issued inthis matter). Applicant: S.C. CompaniaNationala de Transporturi AerieneRomane-Tarom S.A (TAROM)

Date Filed: November 7, 2012

Reliefrequested: Renew exemption from 49 U.S.C. 

### § 41301 to engage in:

a. Foreign scheduled air transportation ofpersons, property, and mail from any pointorpoints behind any Member State ofthe European Union, via any pointorpoints behind any Member State ofthe European Union, via any point or points in any EUMember State and via intermediatepoints, to any point orpoints in the United States and beyond; and;

b. Foreign scheduled air transportation ofpersons, property, and mail between any point orpoints in the United States and any point orpoints in any member ofthe European Common Aviation Area.

Ifrenewal, date and citation oflast action: November 17, 2010, in this docket1 Applicant representative: Justin Herscovici, LLM (516) 822-1449 DOT analyst: Shelita A. Johnson (202) 366-1226 Responsive pleadings: None filed DISPOSITION
Action: Approved Action date: December 3, 2012

Effective dates ofexemption authority granted: December 3, 2012- December 3, 2014 Basis for approval (bilateral agreement/reciprocity): U.S.-EU AirTransport Agreement Exceptto the extent exempted/waived, this authority is subjecttothe terms, conditions, and limitations indicated:
__x__standard exemption conditions (attached) _K_Foreign air carrierpermit (Order 85-2-72)

Action taken by: Paul L. Gretch, Director Office ofInternational Aviation
Under authority assigned by the Department in its regulations, 14 CFRPart 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Departmentpolicy; (3) grant ofthe authority was consistent with the public interest; and (4) grant ofthe authority would not constitute a majorregulatory action underthe 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, orrevoke the authority granted in this Notice at any time without hearing at our discretion.
Persons entitledto petitionthe Department for review ofthe action set forth in this Notice underthe Department's regulations, 14 CFR § 385.30, may file their petitions within seven (7) days afterthe date ofissuance ofthis N9tice. This action was effective when taken, and the filing ofa 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

1 TAROM states that it initially obtained exemption authority in orderto permit operations on a code-share basis with Societe Air France. TAROM further states that its code-share operations with Air France continue, and that it is also engaged in code-share operations with AirEuropa Lineas Aereas, S.A.U. See Dockets DOT-OST-2010-0269 and DOT-OST-2011-0047, respectively.Foreign Carrier Exemption Conditions

In the conduct ofthe operations authorized, the foreign carrier applicant(s) shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homelandfor 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. Government requirements concerning security, including, but not limited to, 14 CFRParts 129, 91, and 36 and 49 CFRPart 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 ofdeparture for the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIRofits 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 withthe requirements for minimum insurance coverage contained in 14 CFRPart 205, and, priorto the commencement ofany operations under this authority, file evidence ofsuch coverage, in the form ofa completed OST Form 6411, 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 equivalentto Annex 6 ofthe Chicago Convention; (5) Conform to the airworthiness and airman competency requirements ofits Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFRPart 203, concerning waiver ofWarsaw Convention liability limits and defenses; (7) Agree that operations underthis authority constitute a waiverofsovereign immunity, for the purposes of28 U.S.C. 1605(a), but only withrespectto those actions orproceedings instituted against it in any court orothertribunal 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, or agreed stopping place, or for which the contract ofcarriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any courtorother 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; ( 1

0) Ifcharter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFRParts 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 ofother 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 cannot be sold or otherwise transferred without explicit Department approval under Title 49 ofthe U.S. Code.

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