UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on December 5

, 20 1 4



### N OTICE OF ACTION TAKEN

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___________________________________________ _____________________________________________________________________________________ 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 matte r).

Applicant: ROYAL AIR MAROC ( RAM )

Date Filed: December 1 , 201 4

Relief requested:

A. E xemption under 49 USC §40109 to permit RAM to engage in scheduled foreign air transportation of persons, property, and mail from points behind Morocco, v ia Morocco, and intermediate points to a point or points in the United States and beyond. 1 RAM requests the exemption be granted for a period of at least two years.

B. A b lanket statement of authorization under 14 CFR Part 212 to permit RAM to display t he ( NC *) designator code of Northern Air Cargo ( NAC ) on flights operated by RAM in scheduled foreign air transportation of mail in either direction from points behind Morocco, via Morocco, and intermediate points to a point or points in the United States and beyond

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RAM further requests a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

Applicant representative s : Don H. Hainbach and Jason E. Maddux

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DOT analyst: David R. Christofano , 202

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Responsive pleadin gs: None

DISPOSITION

Action: Approved

, subject to conditions Action date: December 5

, 20 1 4 3

Effective dates of exemption authority granted: December 5 , 20 1 4

, through December 5 , 2016

.

The statement of authorization granted is effectiv e December 5 , 20 1 4 , and will remain in effect for an indefinite duration

, subject to conditions

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

- Morocco Air Transport Agreement

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Except to the extent exempted/waive d , this authority is subjec t to the terms, conditions, and limitations of our standard foreign air carrier exemption conditions attached as Appendix A and code

- share conditions attached as Appendix B

.

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

1 RAM holds a foreign air carrier permit that authorizes it to engage in (a) scheduled foreign air transportation of persons, property, and mail between a point or points in Morocco, via the intermediate point New York, NY, and the terminal point Montreal, Cana da, and (b) charter trips in foreign air transportation pursuant to 14 CFR Part 212. See Order 75

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- 61, issued February 12, 1975, in

Docket 26260.

2 RAM and NAC intend to implement a codeshare arrangement under which RAM will carry U.S. mail tendered by NAC on its scheduled service between Casablanca and New York, and to a dditional points served by RAM beyond Casablanca.

3 The Department is acting on the requests of RAM prior to the expiration of the respective answer periods with the consent of all parties served.__ _______________________________________________________ ___________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith 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

Conservation Ac t of 1975. To the extent not granted, we denied all requests in the referenced Docket s . 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 r eview 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 f or review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.govAppendix A



### F oreign Air 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 applicable U.S. Government requirements concerning security, including, but not limited to,

14 CFR P arts 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 air port 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 wheth er 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, insu rance 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 com petency 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 tribun al 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 fo r 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 transp ortation" 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, ori ginate 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 o therwise 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 intere st 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 co mpliance 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.

12/2007Appendix B

The code

- share operations authorized here a re subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) RAM and NAC continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agree ment providing for the

code

- share operations remains in effect.

(b) RAM and /or NAC must promptly notify the Department if the c ode

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share

services. Such notices should be filed in Docket s DOT

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(c) RAM and /or NAC must notify the Department no later than 30 days before they begin any new code

- share service

under the code

- share servic es authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in Docket s DOT

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(d) The code

- sharing operations conducted under this authority must compl y with 14 CFR Part 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon

the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in the computer reservation systems and elsewhere; that the carrier selling such transportation ( i.e., the carrier shown on

the waybill ) a ccept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the shipper ; that the shipper liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code

- sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

(e) Any service provided shall be con sistent with the provisions of the U.S.

- Morocco Air Transport A greement, and all applicable agreements with other foreign countries involved. Furthermore, (i) nothing in the award of the blanket statement of authorization should be construed as conferring upon NAC rights (including code

- share, fifth

- freedom intermediate and/or beyond rights) to serve markets where U.S. carrier rights are limited unless NAC notifies us of its intent to serve such market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; 3 and (ii) should there be a request by any carrier to use the limited

- entry route rights that are included in the authority of NAC by virtue of the blanket statement of authorization granted here, but that are not being used by NAC , the holding of such authority will not be considered as providing any preference for NAC in a carrier selection proceeding to determine which carrier(s)

should be e ntitled to use the authority at issue;

(f) The authority granted here is specifically conditioned so that neither RAM nor NAC shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may am end, modify, or revoke the authority granted at any time without hearing at our discretion

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1 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.

2 Consistent with the Department's Notice in the Matter of Blanket Notification of Code

- Share Service to Open

- Skies Partners and Points, dated February 9, 2009, RAM provided blanket notice of its intent t o engage in code

- share services between open skies points as RAM and NAC may agree upon mutually in the future and also provided initial code

- share points as specified in Appendix C

. RAM state s that it will notify the Department no later than 30 days befo re commencing any codeshare services to non

- open skies points.

3 The notice referenced in condition (c) above may be used for this notification.Appendix C

Initial Code

- Share Points