UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 17, 2011



### NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2003-14801

_______________________________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Depa rtment official indicated (no additional confirming order will be issued in this matter).

Applicant 

### : GESTAIR, S.A. Date Filed: June 6, 2011

Relief requested: Renew exemption from 49 U.S.C. § 41301 to permit the applicant to conduct charter operations, carrying persons, property and mail, between Spain and the Un ited States, and other charters, in accordance with 14 CFR Part 212, using small equipment. The applicant request s that the authority be granted for a two year term.

If renewal, date and citation of last ac tion: June 10, 2009, in this docket

Applicant representative: Lee A. Bauer (202) 331-3300

DOT Analyst: Catherine C. Brown (202) 366-2390

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: August 17, 2011 Effective dates of exemption authority granted: August 17 2011 – August 17, 2013

Basis for approval (bilateral agreement/recipr ocity). U.S.–EU Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the terms, conditi ons, and limitations indicated:

X Standard exemption conditions (attached) Foreign air carrier permit

Special conditions/Partial grant/Denial basis/Remarks: In conduct of these operations, the carrier may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds (small equipment).

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_______________________________________________________________________________________________________________________________ _ Under authority assigned by the Department in its regulati ons, 14 CFR Part 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action w as consistent with Department policy; (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/defe rred/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 thei r 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 author ized, 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 Federa l 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 secur ity, the holder shall, before commencing any new service (including charter flights) from a foreign airport that w ould 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 Ad ministration’s Program Management Br anch (AFS-260), Flight Standards Service (any changes to, or termination of, insu rance also shall be fi led with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety require ments at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency require ments 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 waiv er 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 inte rnational air transportation that, according to the contract of carriage, include a point in the United States as a point of orig in, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the Unite d States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United St ates. In this condition, the term "international air transportation" means "international tran sportation" as defined by the Warsaw Convention, except that all States shall be considered to be High C ontracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, origin ate 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, concer ning the reporting of scheduled, nonscheduled, and charter

data;

(10) If charter operations are authorized, except as otherwise pr ovided 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 re gulations of other U.S. agenci es 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 otherwi se transferred without explicit Department approval under Title

49 of the U.S. Code.

EU carrier 01/2008