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

-- DOCKET DO T

- OST

- 20 0 9

- 010 7

_____________________________________________________________________________________________________________________________ ___ 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 

### : AUGSBURG AIRWAYS GMBH

Date Filed: August 26, 2013, as supplemented September 17, 2013

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

scheduled 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 of Deutsche Lufthansa AG (Lufthansa) and Austrian Airlines AG (Austrian)

between any point or points in any Member State of the European Union and beyond the European Union to any point or

points

. 1

D ate and c itation of last action: July 9, 2012

, in this docket

Applicant representative: Arthur Molins (516) 296

- 92 34

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 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)

A ction 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 consistent with Department policy; (3) grant of the

authority was consistent with the public interest; and (4) grant of t he 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.

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://ww w.regulations.gov

1 This exemp tion provides the holder with underlying authority to conduct 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 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 conce rning 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 Inspecto r) 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 1 4 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 Standard s 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) Con form 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 wai ver 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 i t 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, o r 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 t erm "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 authorize d 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 cha rter 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, an d 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 dur ing 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.

EU carrier 01/2008