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Order 2011-4-6

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 2nd day of February, 2011

Served: April 6, 2011

Application of

IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A.

and

IBERIA LÍNEAS AÉREAS DE ESPAÑA SOCIEDAD 

ANÓNIMA OPERADORA

Docket DOT-OST-2010-0283 

 

for transfer of foreign air carrier permit under and related 

authorizations under 49 U.S.C. §41303

FINAL ORDER

By Order 2011-1-3, issued January 6, 2011, we directed all interested persons to show cause why 

we should not make final our tentative findings and conclusions stated therein and transfer the 

foreign air carrier permit of Iberia Líneas Aéreas de España, S.A. (Iberia) to Iberia Líneas Aéreas 

de España Sociedad Anónima Operadora (Iberia Operadora) in the form attached to the Order 

and subject to the conditions attached thereto. We gave interested persons 21 days to file 

objections to the Order. We said that if no objections were filed, all further procedural steps 

would be deemed waived, and the Department would enter an order (subject to Presidential 

review under 49 U.S.C. §41307) which would make final the findings and conclusions of the 

Order. 

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in the Order and issue to Iberia Líneas 

Aéreas de España Sociedad Anónima Operadora the foreign air carrier permit with associated 

conditions attached to the Order (and attached as the Appendix to the present order);
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2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order 

shall become effective on the 61st day after its submission for section 41307 review or upon the 

date of receipt of advice from the President or his designee under Executive Order 12597 and 

implementing regulations that he or she does not intend to disapprove the Department’s order 

under that section, whichever occurs earlier;1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket 

DOT-OST-2010-0283; and

4. We will serve a copy of this order on Iberia Líneas Aéreas de España, S.A.; Iberia Líneas 

Aéreas de España Sociedad Anónima Operadora; American Airlines, Inc.; British Airways PLC; 

the Embassy of Spain in Washington, D.C.; the Department of State; and the Federal Aviation 

Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 1 This order was submitted for review under 49 U.S.C. §41307 on February 2, 2011. The 61st day is April 4, 2011. 

Since the President or his designee did not disapprove this order before that date, it became effective on 

April 4, 2011.
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APPENDIX 

Issued by

Order 2011-4-6

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

--------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER

---------------------------------------------------------

IBERIA LÍNEAS AÉREAS DE ESPAÑA SOCIEDAD ANÓNIMA OPERADORA

A Foreign Air Carrier of Spain

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, 

rules, and regulations of the Department of Transportation, to engage in:

Foreign scheduled and charter air transportation of persons, 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;

Foreign scheduled and charter air transportation of persons, property, and mail between any 

point or points in any member of the European Common Aviation Area and any point or points 

in the United States; 

Foreign scheduled and charter all-cargo transportation between any point or points in the 

United States and any other points; 

Other charters pursuant to the prior approval requirements set forth in the Department’s 

regulations governing charters; and

Transportation authorized by any additional rights made available to European Union carriers 

in the future; provided, that the holder shall, before it commences any new service under such 

additional route rights, provide the Department with evidence that it holds a homeland license 

for that new service (unless it has already provided such evidence to the Department). Such 

evidence shall be filed in Docket DOT-OST-2010-0283.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and 

limitations in both the order issuing this permit and the attachment to this order, and to all applicable 

provisions of any treaty, convention or agreement affecting international air transportation now in effect, or 

that may become effective during the period this permit remains in effect, to which the United States and the 

holder’s homeland are or shall become parties.

This permit shall be effective on April 4, 2011. Unless otherwise terminated at an earlier date pursuant to the 

terms of any applicable treaty, convention or agreement, this permit shall terminate (1) upon the dissolution 

or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, 
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convention, or agreement or amendment, which shall have the effect of eliminating the right for the service 

authorized by this permit from the service which may be operated by airlines of the European Union

and its Member States (or, if the right is partially eliminated, then the authority of this permit shall terminate 

in like part); or (3) upon the termination or expiration of the applicable air services agreement between the 

United States and the European Union and its Member States. However, clause (3) of this paragraph shall 

not apply if prior to such termination or expiration, the foreign air transportation authorized herein becomes 

the subject of another treaty, convention or agreement to which the United States and the European Union

and its Member States become parties.

The Department of Transportation has executed this permit and affixed its seal on February 2, 2011.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)
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Foreign Air Carrier Permit 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