Order 2021-2-6

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on the 19th day of February, 2021

Served: February 19, 2021 In the Matter of

EL AL LTD. Dockets DOT-OST-2021-0022 ISRAELI AIRLINES, LTD. DOT-OST-2007-0095 DOT-OST-2003-16784 Authority to conduct Third- and Fourth- 42457 Freedom passenger charter operations under 14 CFR Part 212 of the Department’s regulations

ORDER

By this Order, we are notifying Israel Airlines Ltd. (El Al) and Arkia Israeli Airlines, Ltd. (Arkia), foreign air carriers of Israel that hold economic authority from the Department to conduct passenger services,1 that they will be required, effective 30 days after the service date of this Order, to obtain prior approval from the Department in the form of a statement of authorization before operating any Third- and/or Fourth-Freedom passenger charter flights to or from the United States.2

We are taking this action because the Government of Israel (GoI) has impaired the ability of U.S. passenger carriers to exercise the operating rights provided to them under the Air Transport Agreement between the Government of the United States and the Government of Israel.3

In Order 2021-2-5, issued concurrently, we fully set forth the background and most recent developments on this matter. In that Order, the Department imposed the 14 CFR part 213 schedule filing requirements on El Al. In the present Order, the Department

1 We note that an additional foreign air carrier of Israel, C.A.L. – Cargo Airlines Ltd. (C.A.L. Cargo), holds Department authority to conduct Israel-U.S. scheduled and charter all-cargo operations (see Order 2013-5- 12 in Docket DOT-OST-2013-0005). At this juncture, we have determined that C.A.L. Cargo’s services should not be impacted by this action. 2 14 CFR Part 212.9(d) of our regulations states that the Department may, with at least 30 days' notice, require a foreign air carrier to obtain a statement of authorization before operating any charter flight. Under Part 212, foreign air carriers must obtain a statement of authorization before operating any Fifth-, Sixth- and/or Seventh-Freedom charter flights to or from the United States. 3 See 14 CFR Part 212.9(d)(3). finds that this situation calls for prior approval of all U.S. passenger charter operations of El Al and Arkia, that is, all Third- and/or Fourth-Freedom passenger charter flights, until this matter has been satisfactorily resolved.

In the circumstances presented, in accordance with 14 CFR Part 212.9(d), the Department is imposing passenger charter prior-approval conditions on El Al and Arkia, as outlined above. The Department finds that such action is in the public interest.4

ACCORDINGLY,

1. We notify El Al Israel Airlines Ltd. and Arkia Israeli Airlines, Ltd., in accordance with 14 CFR Part 212.9(d) of the Department’s regulations, that, effective 30 days from the service date of this Order, they shall not perform any Third- and/or Fourth- Freedom passenger charter flights unless the Department has granted them specific authority in the form of a statement of authorization to conduct such charters;

2. In accordance with the provisions of 14 CFR Part 212.10(d)(3), El Al Israel Airlines Ltd. and Arkia Israeli Airlines, Ltd. shall file applications for statements of authorization required by paragraph 1 above at least 30 calendar days before the proposed charter flights;

3. We may amend, modify, or revoke this Order at any time and without hearing; and

4. We will serve this Order on El Al Israel Airlines Ltd.; Arkia Israeli Airlines, Ltd; the Embassy of Israel in Washington, D.C.; the Departments of Commerce and State; the Transportation Security Administration; and the Federal Aviation Administration.

By:

Carol A. (Annie) Petsonk Acting Assistant Secretary for Aviation and International Affairs

(SEAL) An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

4 We will also impose this prior approval requirement on any foreign air carriers of Israel that may receive economic authority from the Department to conduct passenger charter operations in the future, should this Order be in effect at that time.

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