UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on July 25 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2012

- 0121

_______________________________________________ _________________________________________________ ________ 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 : TNT AIRWAYS S.A. (TNT ) Date Filed: July 13 , 2012

Relief requested: E xemption under 49 USC § 4 0109 to engage in:

i. foreign charter air transportation of persons and property from any point or points behind any Member

State (s) of the European Union, via any point or points in any Member State (s) and via intermediate points

, to any point or points in the United States and beyond;

ii. foreign charter air transportation of persons and property between any point or points in the United States and any point or points in an y member of the European Common Aviation Area;

iii. other charter foreign air transportation pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s Economic regulations; and

iv. transportation authorized by any additional rout e rights that may be made available to European Community

carriers in the future

. 1

Applicant representative: David Heffernan

, ( 202 ) 663

- 6360 DOT ana lyst: Brett D. Kruger

, ( 202 ) 366

- 8025

Responsive pleadings: None.

DISPOSITION

Action: Ap proved. Action date: July 25 , 2012 2

Effective dates of authority granted: July 25 , 2012 , through July 25 , 20 1 4

.

Basis for approval (bil ateral agreement/reciproci ty): 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)

.

Special conditions/Remarks: We note that, on July 25, 2012 , the Federal Aviation Administration advised us that it knew of no reason why we should act unfavorably on the applicant’s request for exemption authority.

With regard to the authority granted here to conduct transportation authorized by any additional r oute rights made available to European Community carriers in the future, we are requiring TNT , before it commences any new service

1 TNT holds a foreign air carrier permit, issued by Order 2009

- 3

- 6, to engage in (i) foreign scheduled and charter air transportation of property and mail from any point or points behind any Mem ber State of the European Union via any point or points in any

Member State and via i ntermediate points to any point or points in the United States and beyond; (ii) f oreign scheduled and charter air transportation of 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; (iii) f oreign scheduled and charter air transportation of property and mail between any point or points in the United States and any point or points; (i v) o ther charters pursuant to the prior approval requirements set forth in 14

CFR Part 212 of the Department’s regulations; and (v) t ransportation authorized by any additional route rights made available to European Community carriers in the future

. 2 We a cted on the application without awaiting expiration of the 15

- day answer period with the consent of all parties served.under this authority, to provide us, in Docket DOT

- OST

- 20 12

- 0121 , with evidence that it holds a homeland license for

that new service, unless it has already provided such evidence.

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 applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the publ ic 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/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 fil e 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

### Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it h olds 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 req uirements 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 Representativ e (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 Avia tion 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 r equirements 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 Departm ent 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 a ny 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 Par ties 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, concernin g 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 a nd 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 applic able 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

a pproval under Title 49 of the U.S. Code.

EU carrier 01/2008