UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Departm ent of Transportation on April 9 , 2012



### NOTICE OF ACTION TAKEN

-- DOCKET OST

- DOT

- 200 9

- 0038

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no

ad ditional confirming order will be issued in this matter).

Applicant: LINEA AEREA CARGUERA DE COLOMBIA, S.A. D/B/A/ LANCO (LANCO)

Date Filed: March 20 , 2012

Relief requested: Renewal of exemption from 49 USC §41301 to permit the applicant to conduct: 1) scheduled foreign air transportation of property and mail between any point or points in Colombia, on the one hand, and Miami, Florida ; Los Angeles, California ; and Houston, Texas, on the other hand, via intermediate points; and 2 ) all

- cargo charter operations in accordance with 14 CFR Part 212. The applicant requests that the authority be granted for a two

- year term.

If renewal, date and citation of last action: March 31, 2011, in this Docket.

Applicant representative: Edward W. Sauer and Marshall S. Sinick, 202

- 626

- 6651

DOT analyst: Darren Jaffe, 202

- 366

- 2512

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (one

- year gr ant), remainder (longer term authority) dismissed. 1

Action date: April 9 , 20 12

Effective dates of authority granted: April 9 , 20 12 , through April 9 , 20 13

.

Basis for approval: United States

- Colombia Air Transport Services Agreement.

E xcept to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standa rd exemption conditions (attached)

.

Special conditio ns/Remarks: In the conduct of the all

- cargo charter services authorized above, LANCO shall not perform any charters unless specific authority in the form of a statement of authorization for such charters has been granted by the Department. 2

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) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy a nd 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.

1 The one

- year duration of the authority we granted is consistent with our usual policy of granting exemption authority in the circumstances presented. Therefore, we dismissed the application to the extent that it sought authority for a longer period.

2 See

, e

. g ., Orders 81

- 5

- 44, 91

- 8

- 6, and 2009

- 3

- 21.Persons entit led 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 t aken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/repo rts_aviation.asp

### 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 op erations, 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 requireme nts 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 concerning security, the holder shall, before commencin g 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) (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 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 Administration’s Program Management Branch (AFS

- 260), F light 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 Chica go 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 o r 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 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 cognizable in any court or other tribunal of the Unite d 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 the reporting of scheduled, nonscheduled, and char ter 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 applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shal l 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.

12/2007