UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on July 25, 2012

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: Exemption under 49 USC §40109 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 any 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 route rights that may be made available to European Community

carriers in the future.

1

Applicant representative: David Heffernan, (202) 663-6360 DOT analyst: Brett D. Kruger, (202) 366-8025

Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: July 25, 20122

Effective dates of authority granted: July 25, 2012, through July 25, 2014.

Basis for approval (bilateral 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).

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 route 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 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; (ii) foreign 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) foreign scheduled and charter air transportation of property and mail between any point 

or points in the United States and any point or points; (iv) other charters pursuant to the prior approval requirements set forth in 14 

CFR Part 212 of the Department’s regulations; and (v) transportation authorized by any additional route rights made available to

European Community carriers in the future. 2 We acted 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-2012-0121, 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 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/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 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
Foreign Air Carrier Exemption Conditions

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

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 explicit Department 

approval under Title 49 of the U.S. Code.

EU carrier 01/2008