UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on January 26 , 2012



### NOTICE OF ACTION TAKEN

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- 2011

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_________ _______________________________________________________________________________________________________________________ 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: Aerolin e as Mas , S.A. Date Filed: December 6, 2011

Relief requested: E xemption from 49 USC § 41301 to engage in charter foreign air transportation of persons and

property between a point or points in the United States and a point or points in the Dominican Republic, using small

aircraft

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Applicant representative: Richard A. Asper, 954

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- 4848 DOT analyst: Darren Jaffe, 202

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Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: January 26 , 20 12

Effective dates of authority granted: January 26 , 20 12 , through January 26 , 20 1 3

.

Basis for approval: The authority granted is consistent with the aviation agreement between the United States an d the Dominican Republic of 1986 and the overall state of aviation relations between the United States and the Dominican Republic.

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

ex emption conditions (attached).

Special conditions/Remarks: Based on the record in this case, we found that the applicant is operationally and financially qualified to conduct its proposed operations, 2 and that it is substantially owned and effectively controlled by citizens of its homeland. 3 We also note that the applicant is properly licensed by its homeland to perform the proposed services. Furthermore, on January 10, 2012, the FAA advised us that it knows of no reason to withhold this authority.

In the conduct of these operations, the carrier may only use aircraft designed to have a maximum passenger capacity of

not more than 60 seats and a maximum payload capacity of not more than 18,000 pounds.

Action taken by: Paul L. Gretch, Director, Off ice 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 applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of the authority would not constitute a major regulator y action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/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 regulati ons, 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.

1 T he applicant specifically requested that its exemption authority permit it to conduct Dominican Republic

- Puerto

- Rico charter operations. We note that the broad U .S.

- Dominican Republic charter authority we are granting here permits such services

. 2 The applicant has requested confidential treatment of its traffic and financial forecasts , under the provisions of

14 CFR §30 2 .12. Good cause having been shown, we wil l grant this request.

3 The record indicates that the applicant is wholly owned by two individuals, one of whom holds dual Dominican/U.S. citizenship

and another who is a Dominican citizen. The record further indicates that the applicant’s Board of Direct ors and key management personnel are all citizens of the Dominican Republic.An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov



### 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 fo r 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 r equirements 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 c ommencing 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 co verage 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 o f 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 th e 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 def inition;

(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 auth ority 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.

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