UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on November 2, 2012



### NOTICE OF ACTION TAKEN

-- DOCKET DO T

- OST

- 2 005

- 23345

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant : 

### Etihad Airways P.J.S.C. (Etihad) Date Filed: October 11, 2012

Relief requested: Exemption under 49 U.S.C. §40109 and an amended foreign air carrier permit under 49 U.S.C. § 4 1301 1 to engage in scheduled and charter foreign air transportation of property and mail between any point or points in the United States and any other point or points. Etihad requests that its exemption authority be granted for a two

- year period or until its requested amended permit authority becomes effective.

Applicant representative s : Anita M. Mosner & Jennifer M. Nowak (202) 419

- 2604

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

R esponsive pleadings: None filed

DISPOSITION

Action: Approved request for exemption authority, request for amended permit authority deferred (see remarks below)

. 2

Action date : November 2, 2012

Effective dates of exemption authority granted: Nov ember 2, 2012

– November 2, 2014

Basis for approval (bilateral agreement/reciprocity): Air Transport Agreement between the United States and the United

Arab Emirates

.

Except to the extent exempted/waived, this authority is subject to the terms, conditi ons, and limitations indicated:

X Standard exemption conditions (attached) X Foreign air carrier permit ( Order 2010

- 8

- 6 )

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) the applicant is qualified to perform the proposed operations; (2) our action was consi stent with Department policy; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the 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, or revoke the authority granted in this Notice at any time without hearing at our discretion.

1 Etihad’s existing foreign air carrier permit, issued in Docket DOT

- OST

- 2005

- 23345 on August 11, 2010, by Order 20 10

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- 6, authorizes it to engage in sch eduled and charter foreign air transportation of persons, property and mail from points behind the United Arab Emirates via the United Arab Emirates and intermediate points to a point or points in the United States and beyond

, and other

charters in accorda nce with 14 CFR Part 212.

2 We will act on Etihad ’s amended permit request separately.Persons entitled to petition the Department for review of the actio n 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 taken, and the filing of a petition for review will no t alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov12/2007 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 operations, and it has filed a copy of such authorization with the Department;

( 2) Comply with all applicable requirements of the Federal Av iation Administration, the Transportation 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. 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 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

f orm of a completed OST Form 6411, with the Federal 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 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 constit ute 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 internation al 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 United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Conve ntion, 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 charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Depar tment'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 regu lations 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.