UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 2 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2000

- 7838

____________________________________________ ____________________________________________________ ________ 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 : Tyrolean Airways Tiroler Luftfahrt G es mbH (Tyrolean) Date Filed: January 12, 2012

Relief requested: A mendment of e xemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property and mail by displaying th e code of US Airways, Inc. (US Airways ) and any other duly authorized U.S. air carrier on Tyrolean’s flights between any point or points in any Member State of the European Union or European Common Aviation Area countries and beyond to any point or points. 1

If renewal, date and citation of last action: November 23, 2011 , in this Docket.

Applicant representative: Arthur J. Molins

, ( 516 ) 296

- 9234 DOT ana lyst: Brett D. Kruger

, ( 202 ) 366

- 8025

Responsive pleadings: None.

DISPOSITION

Action: Approved. 2 Action date: February 2 , 2012

Effective dates of authority granted: February 2 , 20 1 2 , through February 2 , 20 1 4

.

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

- EU Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached) and to the applicable s tatement s of a uthorization fo r code

- share operations between Tyrolean and its U.S. code

- share partners

.

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) our action was consistent w ith Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consi stent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy an d Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Dock et. 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 regulati ons, 14

C FR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effect ive 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 Tyrolean’s current exemption authorizes it to display the airline designator codes of Continental Airlines, Inc. (Continental ) and United Air Lines, Inc. (United), on schedu led flights operated by Tyrolean between points in Austria, and between points in Austria and points in third countries ( see Notice of Action Taken dated November 23, 2011 in this Docket).

2 This exemption provides the applicant with underlying authority t o conduct the described code

- share operations. The applicant must also hold an appropriate Statement of Authorization under 14 CFR Part 212 before conducting 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 ope rations 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 Trans portation 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 Ind ustry 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, wi th 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 o perational 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 provid ed 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 tre aty 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 H igh 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 ex plicit Department approval under Title 49 of the U.S. Code.

EU carrier 01/2008