Order 20 1 4

- 1

- 17

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 26 th day of November

, 201 3

Served: January 28 , 201 4

Application of

COMLUX ARUBA N.V. Docket DOT

- OST

- 20 1 3

- 0 1 45

for a n exemption under 49 U.S.C. §40109 and a foreign

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

FINAL ORDER

By Order 20 1 3

- 11

- 5 , issued on November 4 , 2013

, we directed all interested persons to show

cause why 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 objections 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 conclusions of the Order.

No objections were received within the time period provided.

ACCORDINGLY

,

1. We make final our findings and conclusions as s tated in the Order and award to Comlux

Aruba N.V. the foreign air carrier permit with associated conditions attached to the Order (and

attached as the Appendix to the present order);

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 advice from the President or his designee under Executi ve 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

1 This order was submitted for review under 49 U.S.C. §41307 on November 26 , 2013

. The 61 st day is January 27

, 201 4

. Since the President or his designee did not disapprove this order before that date, it became effective on

January 27

, 201 4

.2

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

DOT

- OST

- 201 3

- 0 1 45 ; and

4 . We wil l serve a copy of this order on Comlux Aruba N.V. ; the Embassy of Aruba in

Wa shington, 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.govIssued by

Order 20 1 4

- 1

- 17

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PERMIT TO FOREIGN AIR CARRIER

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



### COMLUX ARUBA N.V.

A Foreign Air Carrier of Aruba

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:

Charter foreign air transportation of persons, property, and mail between any point or

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

points in the United States and any point or points in a third country or countries,

provided that, except with respect to cargo charters, such service constitutes part of a

continuous operation, with or without a change of aircraft, that includes service to

Aruba for the purpose of carrying local traffic between Aruba and the United States.

The holder shall also be authorized to engage in other charter trips in foreign air transportation,

subject to the terms, conditions, and limitations of the Department’s regulations governing cha rters.

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, conventi on or agreement affecting international air

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 January 27, 201 4

. 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 bilateral right for the service authorized by this permit from the service

which may be operated by airlines designated by the Government of Aruba (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 Aruba in lieu of the holder; or (4) upon the termination or expiration of theapplicable air services agreement between the United States and Aruba . 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 treaty, convention or agreement

to which the United States and Aruba become parties.

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

November 26 , 2013

.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)Foreign Air Carrier Permit Conditions Appendix

In the conduct of the operations authorized, the foreign carrier applicant(s) 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, th e 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 appl icable 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 Internatio nal 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 Fo rm 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 exemp ted 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 imm unity, 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, ac cording 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 inte rnational 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 s hall 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 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 an d 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.

12/2007