UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 28, 2013



### NOTICE OF ACTION TAKEN

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_____________________________________________________________________________________________________________________________ ___ 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 

### : EUROWINGS LUFTVERKEHRS AG Date Filed: August 26, 2013

Relief requested: Renew e xemption from 49 U.S.C. § 41301 to the extent necessary to enable the applicant to conduct

sch eduled foreign air transportation of persons, property and mail by displaying the code of any duly authorized U.S. air

carrier on flights it operates on behalf o f Deutsche Lufthansa AG (Lufthansa) between any point or points in any Member

State of the Euro pean Union and beyond the European Union to any point or points. 1

If renewal, date and c itation of last action: November 7, 2011, in this docket

Applicant representative: Arthur Molins (516) 296

- 9234

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : October 28, 2013

Effective dates of exemption authority granted: October 28, 2013

– October 28, 2015

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

- EU Ai r 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, Director

Office of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) t he 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

a ction 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.

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.gov

1 This exemption provides the holder with underlying authority to c onduct the described code

- share operations. The holder must also

hold an appropriate Statement of Authorization under 14 CFR Part 212 to conduct any code

- share operations authorized by this notice.Foreign Air Carrier Exemption Condit ions

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

operations, and it has filed a copy of such authorization wit h 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 P arts 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 wheth er 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 o perations 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 Convention;

(5) Conform to the airworthiness and airman competency require ments 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 proceedings instituted against it in any court or other

tribunal in the United States t hat 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 c arriage 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 "internati onal 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

a Member State of the European Union;

(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 pro vided 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 wit h 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.

EU carrier 01/2008