UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on October 6, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0217

________________________________________________________________________________________________________________________________

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: ANA WINGS CO., LTD. Date Filed: September 15, 2011

Relief requested: Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation 

of persons, property and mail between any point or points in Japan, and any point or points in the United States, 

and to perform charters pursuant to Part 212 of our rules.

If renewal, date and citation of last action: September 30, 2010, in this docket 

Applicant representatives: Charles J. Simpson, Jr. & David M. Endersbee (202) 298-8660 

DOT Analyst: Shelita A. Johnson (202) 366-1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: October 6, 2011

Effective dates of exemption authority granted: October 6, 2011 – October 6, 2013

Basis for approval (bilateral agreement/reciprocity). U.S.-Japan Air Transport Agreement

Except 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 grant/Denial basis/Remarks: 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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Under authority assigned 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 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 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.

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

http://www.regulations.gov
12/2008

Foreign Air Carrier Exemption 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.