UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on August 28, 2012

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2012-0148 ________________________________________________________________________________________________________________________________

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).

Joint Applicants: VIRGIN ATLANTIC AIRWAYS LTD (Virgin Atlantic) and OPEN JOINT STOCK COMPANY 

TRANSAERO AIRLINES (Transaero)

Date Filed: August 23, 2012

Relief requested: Statement of authorization under 14 CFR Part 212 to permit Virgin Atlantic to display Transaero’s 

“UN” designator code on Virgin Atlantic-operated flights between London, on the one hand, and Boston, Los Angeles, 

Orlando, and San Francisco, on the other hand.

1

Exemption from 49 USC § 41301 to permit Transaero to provide scheduled foreign air transportation of persons, property, 

and mail between Moscow and Boston, Los Angeles, Orlando, and San Francisco by code-sharing on Virgin Atlantic’s 

flights between London, on the one hand, and Boston, Los Angeles, Orlando, and San Francisco, on the other hand. 

Transaero requests that this authority be granted for a two-year term.

Statement of authorization under 14 CFR Part 212 to permit Transaero to display Virgin Atlantic’s “VS” designator code 

in conjunction with foreign air transportation of persons, property, and mail on Transaero-operated flights between 

Moscow and London that connect to Virgin Atlantic’s flights (bearing Transaero’s code) between London, on the one 

hand, and Boston, Los Angeles, Orlando, and San Francisco, on the other hand.

Applicant representatives: Anita M. Mosner (Virgin Atlantic), 202-419-2604 and 

Gerald F. Murphy (Transaero), 202-624-2500

DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None

DISPOSITION

Action: Exemption for Transaero: Approved in part (one-year grant), subject to conditions, remainder (request for 

longer-term authority) dismissed.2

Statements of authorization for Virgin Atlantic and for Transaero: Approved, subject to conditions.

Action date: August 28, 20123

 1 Virgin Atlantic holds a foreign air carrier permit authorizing it to engage in (1) 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; (2) 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; (3) foreign scheduled and charter cargo air transportation between any point or 

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

Department’s regulations governing charters; and (5) transportation authorized by any additional route rights made available to

European Community carriers in the future (see Order 2007-10-16). 2 The one-year duration of the authority we granted Transaero is consistent with our usual policy of granting exemption authority in 

the circumstances presented. We therefore, dismissed the application to the extent that it sought exemption authority for a longer 

period.
Effective dates of authority granted: Transaero’s exemption authority is effective from August 28, 2012, through

August 28, 2013. The statements of authorization granted to Virgin Atlantic and Transaero are effective August 28, 2012, 

and will remain in effect for an indefinite duration, subject to conditions. 

Basis for approval (bilateral agreement/reciprocity): U.S.-EU Air Transport Agreement, and the Annexes to the 1994 

U.S.-Russian Federation Air Transport Agreement.4

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

foreign air carrier exemption conditions attached as Appendix A and codeshare conditions attached as Appendix B.

Special conditions/Remarks: The exemption authority granted to Transaero is limited to services provided on a 

code-share basis only, only on flights operated by Virgin Atlantic.

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 with 

Department policy; (2) the applicants were qualified to perform their proposed operations; (3) grant of the authority was consistent 

with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted or 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

 3 We acted on the application without awaiting expiration of the answer period with the consent of all parties served. 4 On February 13, 2009, the United States and the Russian Federation agreed, ad referendum, to revised Annexes to the U.S.-

Russia Air Transport Agreement and stated that, pending their entry into force, the respective aeronautical authorities intend to

implement the provisions of those Annexes on the basis of comity and reciprocity.
Appendix A

Foreign Carrier Exemption Conditions

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, 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 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 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.

12/2007
Appendix B

The statements of authorization are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) Virgin Atlantic and Transaero continue to hold 

the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing 

for the code-share operations remains in effect;

(b) Virgin Atlantic and/or Transaero must notify the Department immediately if the code-share agreement under 

which these code-share services are operated is no longer in effect or if the carriers decide to cease operating all or a 

portion of the approved code-share services. Such notices should be filed in Docket DOT-OST-2012-0148;

1

(c) The code-sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any 

amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding 

any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that 

the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation 

systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept 

responsibility for the entirety of the code share journey for all obligations established in its contract of carriage with the 

passenger; and that the passenger liability of the operating carrier be unaffected;

(d) The authority granted here is specifically conditioned so that neither Virgin Atlantic nor Transaero shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions; and

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 1 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.