Order 2015-2-11

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 25th day of February, 2015

Served: February 25, 2014

Application of

EUROATLANTIC AIRWAYS TRANSPORTES 

AEREOS, S.A.

Docket DOT-OST-2008-0222

for an exemption 49 U.S.C.§ 40109 and an amended 

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

ORDER GRANTING EXEMPTION AND TO SHOW CAUSE

Summary

By this order we (1) grant the application of the referenced foreign air carrier for an exemption

under 49 U.S.C. §40109, subject to conditions;1 and (2) tentatively find that it is in the public interest to grant 

the applicant the amended foreign air carrier permit attached as Appendix B to this order.

Background

By Notice dated May 3, 2007, we invited foreign air carriers of the European Union (EU) to apply for 

Department economic authority to conduct operations to and from the United States under the U.S.-EU Air 

Transport Agreement. In that Notice, we stated that we anticipated handling these EU carrier requests on an 

expedited basis to ensure that affected EU carriers may receive the authority available to them under the 

Agreement as quickly as possible. 

Application

By application filed December 11, 2014, euroAtlantic Airways Transportes Aereos, S.A. (euroAtlantic), a 

foreign air carrier of Portugal, requests an exemption under 49 U.S.C.§40109 and an amended foreign air 

carrier permit under 49 U.S.C. §41301, to engage in:2

 1 The conditions are attached as Appendix A.

2 euroAtlantic currently holds a foreign air carrier permit from the Department that authorizes it to conduct: 1) foreign charter air 

transportation of persons, property, and mail from any point or points behind any Member State of the European Union, via any

point or points in any Member State and via intermediate points to any point or points in the United States and beyond; 2) foreign 

charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in 

any member of the European Common Aviation Area; 3) foreign charter cargo air transportation between any point or points in the 

United States and any other point or points; 4) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 

212 of the Department’s regulations; and 5) charter transportation authorized by any additional route rights made available to 

European Community carriers in the future, subject to conditions. See Order 2008-11-13, issued September 15, 2008, in the instant 

Docket. 
a. foreign scheduled air transportation of persons, property, and mail from any point or points behind 

any Member State of the European Union, via any point or points in any Member State and via 

intermediate points, to any point or points in the United States and beyond;

b. foreign scheduled air transportation of persons, property, and mail between any point or points in the 

United States and any point or points in any member of the European Common Aviation Area; 

c. foreign scheduled cargo air transportation between any point or points in the United States and any 

point or points; and

d. transportation consistent with any future, additional rights that may be granted to foreign air carriers 

of the Member States of the European Union.

The applicant provided evidentiary materials required by 14 CFR Part 211 of our regulations to support its 

request for authority. 

No answers were filed to the application.

Decision

We have decided, consistent with our August 23, 2005 Notice referenced above, to grant the applicant’s 

request for exemption authority, as described below and subject to conditions, and tentatively to grant, 

subject to show-cause procedures, its request for an amended foreign air carrier permit, also subject to 

conditions.

Specifically, we will grant euroAtlantic exemption authority for the services set forth in ordering paragraph 1 

below. We will tentatively grant euroAtlantic an amended foreign air carrier permit for these services.

With respect to the applicant’s request for exemption authority, we find that grant of this authority, as 

conditioned, is consistent with the public interest. We also find that the applicant is financially and 

operationally qualified to perform the services authorized, and that it is substantially owned and effectively 

controlled in a manner consistent with the provisions of the U.S.-EU Agreement.3

 We also find that the 

authority sought by the applicant is encompassed by the U.S.-EU Agreement. 

Further, we note that the applicant is properly licensed by its homeland to perform the proposed services. In 

addition, on February 3, 2015, the Federal Aviation Administration advised us that it knew of no reason why 

we should act unfavorably on the applicant’s request. We have verified the applicant’s compliance with 14 

CFR Parts 203 (Warsaw liability waiver), and 205 (insurance requirements).

In view of the above, we find that grant of the requested exemption authority, as conditioned, for a two-year 

term, or until the requested amended permit authority becomes effective, whichever occurs earlier, is 

warranted.

Tentative Findings and Conclusions—Amended Foreign Air Carrier Permit Application

In view of the foregoing and all facts of record, and acting under authority assigned by the Department in its 

regulations, 14 CFR Part 385, we tentatively find and conclude that:

1. It is in the public interest to issue the applicant an amended foreign air carrier permit in the form attached;

 3 We make this finding based on Article 2 (Reciprocal Recognition of Regulatory Determinations with Regard to Airline Fitness 

and Citizenship) of the Protocol to amend the U.S.-EU Air Transport Agreement, signed June 24, 2010. 
2. The applicant is fit, willing and able properly to perform the foreign air transportation described in the 

attached permit and to conform to the provisions of Title 49 of the U.S. Code, and to our rules, regulations, 

and requirements;

3. The applicant is substantially owned and effectively controlled in a manner consistent with the provisions 

of the U.S.-EU Agreement;

4. The public interest requires that the exercise of the privileges granted by the permit should be subject to 

the terms, conditions, and limitations contained in the attached permit, and to such other reasonable terms, 

conditions, and limitations required by the public interest as we may prescribe;

5. The issuance of this foreign air carrier permit will not constitute a major regulatory action under the 

Energy Policy and Conservation Act of 1975, as defined in 14 CFR §313.4(a)(1) of our regulations;4

6. The public interest does not require an oral evidentiary hearing on the application; and

7. Our action with respect to this foreign air carrier permit should, unless disapproved by the President of the 

United States under §41307 of Title 49 of the U.S. Code, become effective on the 61st day after its 

submission for §41307 review, or upon the date of receipt of advice from the President or his designee under 

Executive Order 12597 and implementing regulations that he or she does not intend to disapprove this 

portion of the Department’s decision under that section, whichever occurs earlier.

In view of the above, we find that, with respect to the exemption authority we are conferring on the applicant, 

the applicant is qualified to perform those operations, and that grant of the exemption authority is consistent 

with the public interest and would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. 

ACCORDINGLY,

1. We grant the request of euroAtlantic Airways Transportes Aereos, S.A. for an exemption under 49 U.S.C. 

§40109 for the services set forth below: 

a. Foreign scheduled air transportation of persons, property, and mail from any point or points behind 

any Member State of the European Union via any point or points in any Member State and via 

intermediate points to any point or points in the United States and beyond; 

b. Foreign scheduled air transportation of persons, property, and mail between any point or points in the 

United States and any point or points in any member of the European Common Aviation Area; 

c. Foreign scheduled cargo air transportation between any point or points in the United States and any 

other point or points; and

d. Transportation authorized by any additional route rights made available to European Union carriers in 

the future.

2. euroAtlantic Airways Transportes Aereos, S.A. shall, before it commences any new service under 

subparagraph (d) of ordering paragraph 1 above, provide the Department in Docket DOT-OST-2008-0222

with evidence that it holds a homeland license for that new service, unless it has already provided such 

evidence to the Department;

 4 This finding is based on the fact that the grant of this permit will not result in a near-term net annual change in aircraft fuel 

consumption of 10 million gallons or more.
3. The exercise of the privileges granted above is subject to compliance by euroAtlantic Airways 

Transportes Aereos, S.A. with the conditions listed in Appendix A;

4. Our action granting the exemption authority described herein, subject to the provisions of the ordering 

paragraphs above, is effective immediately, for a period of two years from the issue date of this order, or until 

the attached permit becomes effective, whichever is earlier;

5. We may amend, modify, or revoke the exemption authority set forth herein at our discretion at any time 

and without hearing;

6. To the extent not acted upon above, we dismiss all requests for exemption authority in the referenced 

docket (DOT-OST-2008-0222);

7. With respect to the applicant’s request for an amended foreign air carrier permit in this proceeding, we 

direct all interested persons to show cause why our tentative decision on the application of euroAtlantic 

Airways Transportes Aereos, S.A. for a foreign air carrier permit, set forth above, should not be made final;

8. Any interested person objecting to the issuance of an order making final our tentative findings and 

conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twentyone (21) calendar days after the date of service of this order, file with the Department and serve on the parties 

to this proceeding, a statement of objections specifying the part or parts of the tentative findings and 

conclusions objected to, together with a summary of testimony, statistical data, and concrete evidence to be 

relied upon in support of the objections; if objections are filed, answers to objections are due no later than 

seven (7) calendar days thereafter;

9. If timely and properly supported objections are filed, we will give further consideration to the matters and 

issues raised by the objections before we take further action;

10. In the event no objections are filed, all further procedural steps shall be deemed waived, and the 

Department will enter an order which will (subject to Presidential review under §41307 of Title 49 of the 

U.S. Code) make final our tentative findings and conclusions set forth in this order; and

11. We will serve a copy of this order on euroAtlantic Airways Transportes Aereos, S.A.; the Ambassador of 

Portugal in Washington, D.C.; the Department of State; and the Federal Aviation Administration.

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
Foreign Air Carrier Exemption Conditions Appendix A

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 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 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 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 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 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 "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 

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 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.

EU carrier 01/2008
Appendix B

Issued by

Order _____-

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

--------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER

(as amended)

--------------------------------------------------------

euroAtlantic Airways Transportes Aereos, S.A.

A Foreign Air Carrier of Portugal

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 Transportation, to engage in:

Foreign scheduled and charter air transportation of persons, property, and mail from 

any point or points behind any Member State of the European Union, via any point 

or points in any Member State and via intermediate points to any point or points in 

the United States and beyond;

Foreign scheduled and charter air transportation of persons, property, and mail 

between any point or points in the United States and any point or points in any 

member of the European Common Aviation Area;

Foreign scheduled and charter cargo air transportation between any point or points 

in the United States and any other point or points;

Other charters pursuant to the prior approval requirements set forth in 14 CFR Part 

212 of the Department’s regulations; and

Transportation authorized by any additional route rights made available to 

European Union carriers in the future; provided, that the holder shall, before it 

commences any new service under such additional route rights, provide the 

Department with evidence that it holds a homeland license for that new service 

(unless it has already provided such evidence to the Department). Such evidence 

shall be filed in Docket DOT-OST-2008-0222.

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

conditions and limitations 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 
2

transportation now in effect, or that may become effective during the period 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 __________. Unless otherwise terminated at an earlier date 

pursuant to the terms of any applicable treaty, 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 eliminating the right for the service authorized by this permit from the service which 

may be operated by airlines of the European Union and its Member States (or, if the right is 

partially eliminated, then the authority of this permit shall terminate in like part); or (3) upon the 

termination or expiration of the applicable air services agreement between the United States and 

the European Union and its Member States. However, clause (3) of this paragraph shall not 

apply if prior to such termination or expiration, the foreign air transportation authorized herein 

becomes the subject of another treaty, convention or agreement to which the United States and 

the European Union and its Member States become parties.

The Department of Transportation has executed this permit and affixed its seal on _________.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(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 

operations, 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 

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 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 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 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 "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 

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 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.

EU carrier 1/2008