Order 20 11

- 7

- 10

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 23 rd day of May , 201 1

Served: July 27 , 2011

Applicat ion of

OPEN JOINT STOCK COMPANY TRANSAERO

AIRLINES Docket DOT

- OST

- 2010

- 0093

for a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 201 1

- 4

- 25 , issued April 29 , 201 1

, we directed all interested persons to show cause w hy we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objection s to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusi ons of the Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in the Order and awar d to Open Joint Stock Company Transaero Airlines the foreign air carrier permit w ith associated conditions

attached to the Ord er (and attached as the Appendix to the present order)

, and to the conditions that, in the conduct of the char ter services authorized herein, Open Joint Stock Company

Transaero Airlines must adhere to (1) FAA

- ap proved flight routings; and (2) the Air Transport Agreement between the United States and the Russian Federation, including its Annexes. In accordance with 14 CFR §212.9(d) and (e) of the Department’s rules, Open Joint Stock Company Transaero Airlines sha ll not perform any charter(s) unless specific authority in the form of a statement of authorization for such charter(s) has been granted by the Department. Applications for the statements of authorization required above shall be filed in accordance with

th e procedures set forth in 14 CFR §212.10 ;2

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of a dvice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department’s order under that section, whichever occurs earlier; 1

3. To the extent not acted upon above, w e dismiss all remaining requests for relief in Docket

DOT

- OST

- 2010

- 0093 ; and

4 . We will serve a copy of this order on Open Joint Stock Company Transaero Airlines ; the Embassy of the Russian Federation; the Department of State; and the Federal Aviation

Ad ministration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 This or der was submitted for review under 49 U.S.C. §41307 on May 23 , 2011 . The 61 st day is July 25 , 2011 . Since the President’s designee did not disapprove this Order before that date, it became effective on July

25 , 2011

.Issued by

Order 201 1

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- 10

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFIC E OF THE SECRETARY WASHINGTON, D.C.



### ---------------------------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER



### -----------------------------------------------------------------------------

OPEN JOINT STOCK COMPANY TRANSAERO AIRLINES

A Foreign Air Carrier of the Russian Federation

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Tr ansportation, to engage in the following:

S cheduled foreign air transportation of persons, property, and mail from any point or points behind the Russian Federation, via any point or points in the Russian Federation and intermediate points, to Los Angeles , California; New York, New York and Miami,

Florida ; and charter foreign transportation of persons, property, and mail between points in the Russian Federation and points in the United States

.

The holder shall also be authorized to engage in other cargo c harter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms,

conditions and li mitations in both the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the peri od this permit remains in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on July 25 , 20 11. Unless otherwise terminated at an earlier date pursuant to the terms of any applicable tr eaty, convention or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have the

effect of elimina ting the bilateral right for the service authorized by this permit from the service which may be operated by airlines designated by the Government of the Russian Federation (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); (3) upon the effective date of any permit granted by the Department to any other carrier designated by the Government of the Russian Federation in lieu of the holder; or (4) upon the termination or expiration of the applicable air services agreement between the United States andthe Russian Federation. However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, the foreign air transportation authorized herein becomes the subject of

another trea ty, convention or agreement to which the United States and the Russian Federation become parties.

The Department of Transportation has executed this permit and affixed its seal on May 23 , 2011.

By:

PAUL L. GRETCH

Director

Office of International Avia tion



### (SEAL)Foreign Air Carrier Permit Conditions

In 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
operat ions, 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 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 Insp ector) 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 conta ined 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), 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 Co nvention;

(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 or pro ceedings 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 or igin, 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 Sta tes. 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

charter da ta;

(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 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.

01 /200 8