Order 20 1 2

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 29 th day of March , 20 12

Served: March 29

, 2012

In the matter of the foreign air carrier permit issued to

ORBEST, S.A. Docket DOT

- OST

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- 0301

under 49 U.S.C. §41301

ORDER CANCELLING FOREIGN AIR CARRER PERMIT

Summary

By this Order, we cancel the foreign air carrier permit held by Orbest, S.A. (Orbest) that

authorizes it to engage in certain services in foreign air transportation . We take this action at the

request of the carrier.

Background

By Order 20 09

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, the Department granted a foreign air carri er permit to

Orbest, a foreign air carrier of Portugal , to permit it to engage in:

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

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

point or p oints in any Member State and via intermediate points, to any point or

points in the United States or 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;

• 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 evidence2

that it holds a homeland license for that new service (unless it has already provided

such evidence to the Department).

By letter filed in this Docket on January 23, 2012, Orbest requested t hat the Department cancel

its foreign air carrier permit for the reasons set forth in its letter

. 1 Orbest also asked that the

Department grant its request without prejudice to Orbest’s ability to apply for authority from the

Department to serve the United States in the future, in accordance with Department

req uirements.

Decision

W e grant the request of Orbest and cancel its foreign air carrier permit effective upon the

issuance of this Order

. Our action is without prejudice to Orbest f iling a new application with

the Department for economic authority to ser ve the United States in the future

.

ACCORDINGLY,

1. We cancel the foreign air carrier permit granted to Orbest, S.A. by Order 2009

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2. This action is effective upon the issuance of this Order; and

3 . We will serve a copy of this order on Orbest, S.A., the Embassy of Portugal in Washington,

D.C., the Department of State, and the Federal Aviation Administration.

By:

SUSAN L. KURLAND

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 We note that the referenced letter also includes a requ est by Iberworld Airlines, S.A., a foreign air carrier of Spain,

to register the “Orbest” trade name under 14 CFR Part 215 of the Department’s regulations. We will address that

request concurrently in a separate action.