UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on January 23, 2014



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 19 98

- 4486

_____________________________________________________________________________________________________________________________ ___ 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: 

### MNG Airlines Cargo Inc. Date Filed: September 25, 2013

Relief requested: Renewal for two years of e xe mption from 49 U.S.C. § 41301 to engage in scheduled foreign air

transport ation of property and mail from a point or points behind Turkey, via a point or points in Turkey and any intermediate points, to a point or points in the United States, and beyond the United States, to any point or points, with full traffic rights; and cha rter foreign air transportation of property and mail between Turkey and the United States, and between the United States and third countries, 1 pursuant to the terms of the U.S.

- Turkey Air T ransport Agreement (Agreement).

If renewal, date and citation of l ast action: December 19, 2011, i n this docket

Applicant representative: Atilla Arikan 90

- 212

- 4654413

DOT Analyst: Shelita A. Johnson ( 202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved 2 Action date: January 23, 2014

Effective dates of exemption authority granted: January 23, 20 1 4

– January 23, 2 01 6

Basis for approval (bilateral agreement/reciprocity): U.S.

- Turkey Air Transport Agreement

Exce pt to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) Foreign air carrier permit (Order )

Special conditions/Partial gran t/Denial basis/Remarks: Action taken by: Paul L. Gretch, Director

Office of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority as signed by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the authority was consistent with the public i nterest; 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, modi fy, or revoke the authority granted in this Notice at any time without hearing at our discretion.

1 We note that the U.S.

- Turkey air Transport Agreement does not provide for seventh

- freedom all

- cargo services. Therefore, MNG must obtain from the Department a statement of authorization under 14 CFR Part 212 of our rules prior to operating any seventh

freedom all

- cargo charters.

2 While MNG s t ates in its application that it seeks both renewal and amendment of its currently held exemption authority, we note that MNG’s current exemption in fact awarded the carrier all of the scheduled and charter all

- cargo authority that it seeks in the present application

, making amendment unnecessary. (See Notice of Action Taken dated December 19, 2011 , in this docket). We are renewing the authority in this Notice.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 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 .gov12/2007 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 Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applic able 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 h older 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 Int ernational 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 fo r 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 M anagement 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 equiv alent 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, compl y 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 wi th 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 o r 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 t he 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 sched uled, 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) Compl y 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 explicit Department approval under Title 49 of the U .S. Code.