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

[Pages:13]BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

)

Application of

)

)

AIR ATLANTA EUROPE LIMITED

)

)

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 AIR ATLANTA EUROPE LIMITED 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) 463-2528 E-mail: matwood@

ksobotta@

Counsel for AIR ATLANTA EUROPE LIMITED

October 6, 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 21, 2021, and answers to the permit application are due on or before October 27, 2021.

BEFORE THE DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

)

Application of

)

)

AIR ATLANTA EUROPE LIMITED

)

)

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 AIR ATLANTA EUROPE LIMITED 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, Air Atlanta Europe

Limited ("AAE"), an air carrier of the Republic of Malta, hereby applies for a Foreign Air

Carrier Permit to transport persons, property and mail between any point or points in the

European Union and the United States, and property and mail 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 AAE 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 enable it to provide the services

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").

covered by this application while AAE's Application for a Foreign Air Carrier Permit is pending.

AAE requests, pursuant to the Notice and procedures set forth in Docket DOTOST-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, AAE states as follows:

1. AAE is a single-member private limited liability company organized and operating under the laws of Malta; its address is: Vision Exchange Building, Territorials Street, Zone 1, Central Business District, CBD1070, B'Kara, Malta.

2. As an air carrier of Malta, AAE requests that the Department grant it a Foreign Air Carrier Permit to authorize foreign air transportation of persons, 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 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;

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 Foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;

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

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 AAE's Operating License and Air Operator Certificate ("AOC") from the Civil Aviation Directorate of Malta 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 and AOC were both issued September 30, 2021, for an indefinite period.

4. AAE is subject to the jurisdiction of the Civil Aviation Directorate of Malta, which is located at:

Malta Transport Centre, Triq Pantar al Lija, LJA 2021 Malta Telephone: +356 25555412 5. AAE'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.

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6. AAE 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, AAE requests that it be granted an exemption from 49 U.S.C. ? 41301 to 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 AAE to expand its global services offered to consumers.

WHEREFORE, Air Atlanta Europe Limited respectfully requests that the Department grant its request for a Foreign Air Carrier Permit and corresponding exemption authorizing it to exercise the full air transport rights available to EU Member State air carriers pursuant to the Air Transport Agreement between the United States

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and the European Union and its Member States, and such other and further relief as the Department deems appropriate.

Respectfully submitted,

Dated: October 6, 2021

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

Counsel for AIR ATLANTA EUROPE LIMITED

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CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Application of Air Atlanta Europe Limited for a Foreign Air Carrier Permit and Exemption by electronic mail upon the following:

ABX Air/Air Transport Int'l: rsilverberg@

jjohnson@

American Airlines:

robert.wirick@

john.b.williams@

Amerijet Int'l:

IAndion@

Atlas Air/Southern Air: rpommer@

Centurion/Skylease:

john@

Delta Air Lines:

alex.krulic@

chris.walker@

steven.seiden@

Federal Express:

ssprosse@

cefelts@

sllunsford@

sharon.pasley@

Kalitta Air:

psanderlin@

nwallace@

Polar Air Cargo:

kevin.montgomery@

United Airlines:

abried@

dan.weiss@

steve.morrissey@

UPS:

anita.mosner@

jennifer.nowak@

FAA:

ricardo.domingo@

Dated: October 6, 2021

_________________________________ Dawn M. Pefley

EXHIBIT A

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