UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on June 1 , 2012



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 1

- 11231

______________________________________________ __________________________________________________ ________ 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: TRANSCARGA INT ERNATIONAL AIRWAYS, C.A. (Transcarga)

Date Filed: April 14, 2008 , as supplemented April 27, 2012

Relief requested: Renewal of exemption from 49 US C § 41301 to permit the applicant to engage in charter foreign air transportation of property and mail between Venezuela and the United States ; and other all

- cargo charter operations in

accordance with 14 CFR Part 212.

The applicant further requests amendment of its exemption authority to remove the wet lease condition so that it may

co nduct its authorized operations using its own aircraft and crews. 1

D ate and citation of last action: April 17, 2007 , in this D ocket.

Applicant representative: John R. Mietus, Jr., 202

- 747

- 5212 DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: June 1 , 2012

Effective dates of authority granted: June 1 , 2012 , through June 1 , 2 0 13

.

Basis for approval : The current state of aviation relations between the U.S. and Venezuela

.

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 the applicant remains operationally and financially qualified to conduct its proposed operations, and substantially owned and effectively controlled by citizens of its homeland. 2 We further note that the applicant is properly licensed by its homeland to perform the proposed services. In addition, on May 22, 2012, t he Federal Aviation Administration advised us that it knew of no reason why we should act unfavorably on the applicant’s request.

T he authority granted above is subject to the prior approval requirement for cargo charter operations set forth in the Notice of Action Taken, dated February 22, 2002, in this Docket.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_____________ __________________________________________________________________________________________ Under auth ority 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 an d

1 Transcarga’s exemption authority was previously limited to oper ations conducted only by wet leasing aircraft from a duly authorized and properly supervi sed U.S. or foreign air carrier.

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 will grant this request.Conservation Act of 1975. To t he 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 effec tive 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 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 Departmen t;

(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 I IR of its plans and to find out whether the Tra nsportation 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 operat ions 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 re quirements 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 th e 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 p rovided 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 w ith 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