BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY ...

[Pages:6]BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

)

Application of

)

)

COMPASSS CARGO AIRLINES LTD.

)

)

for a Foreign Air Carrier Permit

)

pursuant to 49 U.S.C. ? 41301 and for

)

exemption authority pursuant to

)

49 U.S.C. ? 40109 (U.S.-EU Scheduled and )

Charter Air Transportation)

)

)

Docket DOT-OST-2021-______

APPLICATION OF COMPASS CARGO AIRLINES LTD. FOR A FOREIGN AIR CARRIER PERMIT AND FOR EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Mark W. Atwood Kathryn Sobotta Cozen O'Connor 1200 19th Street NW Washington, DC 20036 Telephone: (202) 463-2513

(202) E-mail: matwood@

ksobotta@

Counsel for COMPASS CARGO AIRLINES LTD.

October 7, 2021

NOTE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on undersigned counsel and all persons listed on the attached service list. Answers to the exemption application are due on or before October 23, 2021, and answers to the permit application are due on or before October 29, 2021.

BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

)

Application of

)

)

COMPASS CARGO AIRLINES LTD.

)

)

for a Foreign Air Carrier Permit

)

pursuant to 49 U.S.C. ? 41301 and for

)

exemption authority pursuant to

)

49 U.S.C. ? 40109 (U.S.-EU Scheduled and )

Charter Air Transportation)

)

)

Docket DOT-OST-2021-______

APPLICATION OF COMPASS CARGO AIRLINES LTD. FOR A FOREIGN AIR CARRIER PERMIT AND FOR EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. ?? 40109 and 41301, Part 211 of the Department's

Economic Regulations (14 C.F.R. Part 211), Subparts B and C of the Department's

Rules of Practice in Proceedings (14 C.F.R. ?? 302.201 and 302.301, et. seq.), and the

provisions of the U.S.?EU Reciprocal Recognition Procedures, Compass Cargo Airlines

Ltd. ("Compass") hereby applies for a Foreign Air Carrier Permit to transport property

and mail between any point or point in the European Union and the United States, and

between any point or points in third countries and the United States, pursuant to the Air

Transport Agreement between the United States and the European Union and its

Member States.1 Compass also requests, pursuant to 49 U.S.C. ? 40109, that the

Department grant it an exemption from 49 U.S.C. ? 41301 to the extent necessary to

1 Air Transport Agreement between the United States of America and the European Community and its Member States, signed April 25 and 30, 2007, as amended by the Protocol dated June 24, 2010 (collectively "the U.S.-EU Agreement, as amended").

enable it to provide the services covered by this application while Compass' Application for a Foreign Air Carrier Permit is pending.

Compass requests, pursuant to the Notice and procedures set forth in Docket DOT-OST-2005-22228, that the Department process this application under its streamlined regulatory procedures and issue a single order: (1) granting the requested exemption authority for a two-year period or until the requested permit authority becomes effective, whichever occurs first, and (2) granting the corresponding Foreign Air Carrier Permit request under the "show cause" procedures described in the Notice dated August 23, 2005.

In support of this application and in compliance with the Department's requirements under 14 C.F.R. ? 211.20 concerning an application for an initial Foreign Air Carrier Permit and the U.S.-EU Reciprocal Recognition Procedures, Compass states as follows:

1. Compass is a single-member private limited liability company organized and operating under the laws of Bulgaria; its address is Floor 5, Jessika Office Centre, 229 Botevgradsko shosse Blvd., 1517 Sofia, Bulgaria.

2. As an air carrier of Bulgaria, Compass requests that the Department grant it a Foreign Air Carrier Permit to authorize foreign air transportation of property and mail consistent with the full scope of the U.S.-EU Agreement, as amended. Under that Agreement, EU Member State air carriers have the right to engage in:

Foreign scheduled and charter air transportation of cargo between any point or points in the United States and any point or points outside the United States;

Other charters pursuant to the prior approval requirements set forth in 14 C.F.R. Part 212 of the Department's Economic Regulations; and

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 Transportation authorized by any additional route rights made available to European Union carriers under the U.S.-EU Air Transport Agreement in the future.

3. Copies of Compass's Operating License and Air Operator Certificate ("AOC") from the Bulgarian Civil Aviation Administration are attached as Exhibit A. The certificates authorize the carrier to operate international and domestic air transportation services, including the international scheduled and charter air cargo transportation services proposed in this application. The Operating License was issued on March 30, 2010, and the AOC most recently issued August 17, 2021, both for an indefinite period.

4. Compass is subject to the jurisdiction of the Bulgarian Civil Aviation Administration, which is located at:

9 Dyakon Ignatiy St. 1 Brussels Blvd. Sofia, Bulgaria phone. +359 2 948 8051 5. Compass's insurance coverage meets the liability limits of 14 C.F.R. Part 205. A copy of the carrier's Foreign Air Carrier Certificate of Insurance (OST Form 6411) is attached as Exhibit B, and is being filed with the Federal Aviation Administration concurrently with this application. 6. Compass is filing its executed waiver of liability limits under the Warsaw Convention (OST Form 4523), attached as Exhibit C in Docket DOT-OST-1995-236 concurrently with this application, as well as its family assistance plan in Docket DOTOST-1998-3304 and with the National Transportation Safety Board. 7. In the interim, while its Application for a Foreign Air Carrier Permit is pending, Compass requests that it be granted an exemption from 49 U.S.C. ? 41301 to

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the extent necessary to allow it to provide the services described above for a two-year period or until the requested permit authority becomes effective, whichever occurs first.

8. Issuance of this authority will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in Part 313 of the Department's regulations.

9. Approval of the requested authority is in the public interest. The authority sought herein is encompassed by the Air Transport Agreement between the United States and the European Union and its Member States and will allow Compass to expand its global services offered to consumers.

WHEREFORE, Compass Cargo Airlines respectfully requests that the Department grant its request for a Foreign Air Carrier Permit and corresponding exemption authorizing it to exercise the full air cargo rights available to EU Member State air carriers pursuant to the Air Transport Agreement between the United States and the European Union and its Member States, and such other and further relief as the Department deems appropriate.

Respectfully submitted,

Dated: October 7, 2021

Mark W. Atwood Kathryn Sobotta Cozen O'Connor 1200 19th Street NW Washington, D.C. 20036 Telephone (202) 463-2513 E-mail: matwood@

ksobotta@

Counsel for COMPASS CARGO AIRLINES LTD.

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CERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the foregoing Application of

Compass Cargo Airlines for a Foreign Air Carrier Permit and Exemption by electronic

mail upon the following:

ABX Air/Air Transport Int'l: American Airlines: Amerijet International: Atlas Air/Southern Air: Centurion/Skylyease: Delta Air Lines: Federal Express:

Kalitta Air: Polar Air Cargo: United Airlines:

FAA:

rsilverberg@ jjohnson@ robert.wirick@ john.b.williams@ iandion@ sedwards@ naveen.rao@ john@ alex.krulic@ chris.walker@ anne.bechdolt@ brian.hedberg@ sllunsford@ psanderlin@ nwallace@ kevin.montgomery@ dan.weiss@ steve.morrissey@ amna.arshad@ ricardo.domingo@

Dated: October 7, 2021

_________________________________ Dawn M. Pefley

EXHIBIT A

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