UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on November 7, 2 0 11


### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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- 20657

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (n o additional confirming order will be issued in this matter).

Applicant: 

### Air Dolomiti S.p.A. LARE Date Filed : October 17, 2011

Relief requested: Renew exemption from 49 U.S.C. § 41301 to pe rmit the applicant to conduct scheduled foreign air
transp ortation of persons, property, and mail by displaying the code of any duly authorized U.S. air carrier on flights it
operates on behalf of Deutsche Lufthansa AG (Lufthansa) between any point or points in any Member State of the European Union and beyond th e European Union to any point or points. 1

If renewal, date and c itation of last action: October 21, 2009, in this docket Applicant representatives: Arthur Molins (516) 296

- 9234 DOT Analyst: Shelita A. Johnson (202) 366

- 1226 Responsive pleadings: Non e filed

DISPOSITION

Action: Approved Action date: November 7, 20 11

Effective dates of exemption granted : November 7, 2 0 11

– November 7, 201 3 Basis for approval (bilateral agreement/reciprocity): U.S.

- EU Air Transport Agreement

Except to th e extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

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

Office of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found tha t (1) the applicant is qualified to perform the proposed operations and is substantially owned and effectively controlled in a manner consistent with the provisions of the U.S.

- EU Agreement; 2 (2) our action was 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/deferred/dismissed, we denied all reque sts 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 Dep artment’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 for review will not alter such effectiveness.

An electron ic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 This exemption provides the holder with underlying authority to conduct the described code

- share operations. The holder must also hold an appropriate Statement of Authorization under 14 CFR Part 212 to conduct any code

- share operations authorized by this notice.

2 We make this finding based on Article 2 (Reciprocal Recognition of Regulatory Determinations with Regard to Airline Fitness a nd Citizenship) of the Protocol to amend the U.S.

- EU Air Transport Agreement, signed June 24, 2010.Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unle ss 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 Transportati on 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. Gov ernment 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 Re presentative (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 b e 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 othe rwise 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 t o 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 internationa l 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 g overning 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 othe r 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 othe rwise transferred without explicit Department approval under Title

49 of the U.S. Code.

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