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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 October 31, 2013



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 10

- 0217

_____________________________________________________________________________________________________________________________ ___ 

### This serves as notice to the public of the action described below, taken by the Department officia l indicated (no

additional confirming order will be issued in this matter).

Applicant : ANA WINGS CO., LTD. Date Filed: October 3, 2013

Relief requested : Renew e xemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation

of per sons, property and mail between any point or points in Japan, and any point or points in the United States,

and to perform charters pursuant to 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: October 6, 2011, in this docket

Applicant representative s : Charles J. Simpson, Jr. & David M. Endersbee (202) 298

- 8660

DOT Analyst: Shelita A. Johnson (202) 3 66

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : October 31, 201 3

Effective dates of exemption authority granted: October 31, 201 3

– October 31, 201 5

Basis for approval (bilateral agreement/reciprocity) : U.S.

- Japan Air Transport Agreement

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

X Standard exemption conditions (attached)

Action taken by: Paul L. Gretch, Directo r

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 consistent 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 Po licy 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.

Persons entitled 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 taken, 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://www.regulations.gov12/200 7 Foreign Air Carrier Exemption Conditions

I n 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 D epartment;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security

Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to,

14 CFR Parts 12 9, 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 th at 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 operatio ns 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), Flight Standards

Service (any changes to, or termination of, insurance also s hall 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 o f 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 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 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 "internation al

air transportation" means "international tr ansportation" 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/fro m 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 aviatio n 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 prescribe d

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 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.