BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

JETMAGIC LTD ) Docket OST-2014-_____

)

for an exemption pursuant to 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (E.U. – U.S.) and pursuant to ) 

the Department’s “streamlining” procedures )

announced in the August 23, 2005 Notice in )

Docket OST-2005-2228 and pursuant to )

the provisions of the US- EU Reciprocal )

Recognition Procedures. )

 )

APPLICATION OF JETMAGIC LTD

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be sent to:

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street, N.W. 

Suite 200

Washington, D.C. 20006

(202) 331-3348

(202) 331-3933

Attorneys for

JETMAGIC LTD

December 3, 2014

NOTICE: Any person who wishes to support or oppose this application for a Foreign Air 

Carrier Permit must file an Answer by December 24, 2014 and for the Exemption 

by December 18, 2014 and serve that answer on all persons served with this 

application. JetMagic Ltd. intends to poll the U.S. carrier representatives on the 

attached service list regarding this application. 
 BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

JETMAGIC LTD ) Docket OST-2014-_____

)

for an exemption pursuant to 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (E.U. – U.S.) and pursuant to ) 

the Department’s “streamlining” procedures )

announced in the August 23, 2005 Notice in )

Docket OST-2005-2228 and pursuant to )

the provisions of the US- EU Reciprocal )

Recognition Procedures. )

 )

APPLICATION OF JETMAGIC LTD

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

JetMagic Ltd (“JetMagic”), an air carrier of Malta, hereby applies, pursuant to 49 U.S.C. 

§§ 41301 and 41302, and Parts 211 and 302 of the Department’s Regulations (14 C.F.R. Parts 

211 and 302), for an exemption and foreign air carrier permit authorizing JetMagic to conduct 

charter foreign air transportation of persons, property, and mail to the full extent authorized by 

the Air Transport Agreement between the United States and the European Community and the 
Application of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

2 of 5

Member States of the European Community (“U.S.-E.U. Agreement”). JetMagic requests

authority to the extent necessary to engage in:

1. Charter foreign air transportation of persons, property, and mail between 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 point in the United States or 

beyond;

2. Charter foreign 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;

3. Other charters pursuant to the prior approval requirements set forth in Part 212 of the 

Department’s Economic Regulations; and 

4. Transportation authorized by any additional route rights that may be made available to 

European Union carriers in the future.

JetMagic also requests an exemption pursuant to 49 U.S.C. § 40109 to the extent 

necessary to enable it to provide the service described above pending issuance of JetMagic’s

foreign air carrier permit, and such other relief as the Department may deem necessary or 

appropriate. 

JetMagic requests that the Department process this application pursuant to the 

streamlined regulatory procedures for licensing U.S. and foreign air carriers set forth in the

Notice dated August 23, 2005 (Docket OST-2005-22228), 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) approving the corresponding foreign air

carrier permit under the show-cause procedures described in the August 23, 2005 Notice.
Application of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

3 of 5

JetMagic further requests that the Department process this application pursuant to the

streamlined regulatory procedures for licensing European Union air carriers pursuant to the

provisions of the U.S.-E.U. Reciprocal Recognition Procedures set forth in the Department’s

Notice dated February 19, 2009.

In support of this application, JetMagic states as follows:

1. The applicant’s full name and mailing address is JetMagic Ltd., 37 Tigne Seafront 

Sliema SLM 3011 – Malta,. Tel: + 356 2778 1818, Fax: + 356 2778 1819.

2. Homeland Government Authority: The government air transport agency with regulatory 

authority in Malta is the Transport Malta Civil Aviation Directorate (TM.CAD). Its 

official address is Luqa Airport, Luqa LQA 3290, MALTA, Tel: +356 2555 5606, Fax: 

+356 2123 9278.

3. Authority Requested: JetMagic requests authority to provide charter foreign air 

transportation of persons, property, and mail to the full extent permitted by the U.S.-E.U. 

Agreement. JetMagic plans on supplying private, nonstop ad hoc charters using Boeing 

737 or Bombardier Global 5000 business jets. Due to the on-demand nature of its charter 

operations, JetMagic cannot specify the particular points in the United States to be served. 

4. Insurance: JetMagic is insured by Aelia Assurances. JetMagic’s insurance coverage

exceeds the liability limits and requirements for air carriers set forth in 14 C.F.R., Part 205. 

A copy of JetMagic certificate of insurance is attached as Exhibit 1. 

5. Operating Authority: JetMagic received authorization from the TM CAD to operate 

commercial air transportation of passengers and cargo on April 30, 2013. A copy of 

JetMagic’s Air Operator Certificate and Operations Specifications are attached as Exhibit 

2.
Application of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

4 of 5

6. Waiver of Warsaw Convention Liability Limits: An executed copy of OST Form 4523 will 

be filed in Docket OST – 1995-236.

7. Aviation Disaster Family Assistance Act: JetMagic has adopted a plan to comply with the 

Aviation Disaster Family Assistance Act. A copy of this plan will be filed with the 

Department and the National Transportation Safety Board and a copy is attached as Exhibit 

3.

8. Passenger Manifest: JetMagic has adopted a plan to comply with Part 243 of the 

Department’s Economic Regulations and is concurrently filing this plan in Docket OST1998-3305. 

9. Fuel Consumption: The operations proposed by JetMagic will not significantly affect the 

environment and do not require the preparation of an environmental impact statement. 

JetMagic’s operations to the United States will involve annual fuel consumption of less 

than ten million gallons. Accordingly, grant of JetMagic’s application will not be a “major 

regulatory action” under the Energy Policy and Conservation Act of 1975, as defined in 14 

C.F.R. § 313.4(a)(1).

10. JetMagic requests that its foreign air carrier permit remain in effect for an indefinite period, 

and is willing to accept all reasonable terms, conditions and limitations normally attached 

to such foreign air carrier permits.

11. JetMagic will abide by all applicable rules and regulations issued by the Department of 

Transportation.

12. JetMagic is prepared to supply such additional information or clarifications in connection 

with its application as the Department may require.

The U.S.-E.U. Open Skies agreement and the January 12, 2009 exchange of letters 
Application of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

5 of 5

adopting procedures for the recognition of regulatory determinations with regard to airline 

fitness and citizenship provide a basis for the Department to find approval of JetMagic’s

application to be in the public interest.

WHEREFORE, for the foregoing reasons JetMagic, Ltd. respectfully requests that the 

Department issue it an exemption and foreign air carrier permit, and such other relief as the 

Department may deem necessary or appropriate, as more fully described above.

Respectfully submitted,

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street, N.W. 

Suite 200

Washington, D.C. 20006

(202) 331-3348

(202) 331-3933

Attorneys for

JETMAGIC LTD

December 3, 2014

CERTIFICATE OF SERVICE 

I certify that on this 3

rd day of December, 2014, a copy of the foregoing Application of 

JetMagic Ltd. for a Foreign Air Carrier Permit and Exemption was served by email on the parties 

below:

gmurphy@crowell.com 

dan.weiss@united.com 

steve.morrissey@united.com 

anita.mosner@hklaw.com 

jennifer.nowak@hklaw.com 

sascha.vanderbellen@delta.com 

chris.walker@delta.com

jrichardson@johnlrichardson.com 

cefelts@fedex.com 

robert.wirick@aa.com 

howard.kass@aa.com

francis.heil@aa.com

john.s.duncan@faa.gov

brian.hedberg@dot.gov

dwight.moore@ustranscom.mil

matwood@cozen.com 

jhill@cooley.com

robert.finamore@dot.gov

englets@state.gov 

__________________________

 David M. Kirstein 
EXHIBITS
EXHIBIT 1: CERTIFICATE OF INSURANCE







EXHIBIT 2: OPERATOR CERTIFICATE AND OPERATIONS SPECIFICATIONS




EXHIBIT 3: FAMILY ASSISTANCE PLAN

JetMagic Ltd 

Aviation Family Assistance Plan

December 2014

The plan is being submitted pursuant to the requirements of the Foreign Carrier Family Support 

Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act of 1997 

and Vision 100 — Century of Aviation Reauthorization Act.

JetMagic Ltd’s (“JetMagic”) 24-hour operations number has been provided to the NTSB under 

separate cover and is not for public disclosure.
TABLE OF CONTENTS

Page

1. Overview 1

2. Pre-Response Planning 1

2.1. Committing Sufficient Resources 1

2.2. JetMagic Special Assistance Team 1

2.3. Training 2

2.4. Toll-Free Telephone Number 2

3. Passenger Reconciliation And Notification 2

3.1. Reconciliation 2

3.2. Notifying Passenger Families 2

3.3. Equal Treatment of Passengers 3

3.4. Notification of NTSB in Accordance with 49 C.F.R. § 830.5 3

3.5. Notification Concerning Liability for Man-Made Structures 3

4. Passenger Identification 4

5. Family Access to the Accident Site 4

6. Human Remains and Personal Effects 4

6.1. Personal Effects 4

6.2. Monuments 5

7. Relationship With Designated Independent Organization 5

7.1. Compensation of Designated Organization 5

8. Provision of Simultaneous Electronic Transmission of National Transportation Safety 

Board (NTSB) Hearing

6

9. Filing Airline Plan with DOT and NTSB 6

10. Consultation on Carrier Response Not Covered by Plan 6
1. Overview

JetMagic Family Assistance Plan (“Plan”) describes the methods by which JetMagic, in cooperation with the 

National Transportation Safety Board, other governmental entities, the designated independent organization and 

third parties, will provide family assistance after an aviation accident involving a flight in foreign air transportation 

operated by JetMagic has occurred within the United States. The purpose of the Plan is to ensure that JetMagic’s 

efforts are made in the best interests of survivors and families and to respect the cultural and religious backgrounds 

of survivors and families.

JetMagic provides family assistance without regard to an individual’s status as a revenue customer, non-revenue 

customer, or crewmember. As used in this plan, the terms “customer” and “passenger” both include employees of 

JetMagic aboard an aircraft and any other persons aboard a JetMagic aircraft without regard to whether the person 

paid for the transportation. The Plan fulfills the requirements of the Foreign Air Carrier Family Support Act of 

1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) and 

Vision 100 — Century of Aviation Reauthorization Act (Vision 100) codified at 49 U.S.C. § 41313.

Certain specialized services that are required following an accident may be accomplished on behalf of JetMagic by 

vendors having expertise in those areas.

2. Pre-Response Planning

2.1. Committing Sufficient Resources

JetMagic will commit sufficient resources to carry out this Plan. JetMagic will implement a comprehensive 

emergency response and family assistance programs that utilizes a broad spectrum of human and technological 

resources in the event of an accident. During such crises, specially trained employees throughout the organization 

will work around the clock on issues including family assistance, accident investigation, media relations, and liaison 

with government agencies and support organizations. 

JetMagic will establish a cooperative working relationship with the external organizations involved in a crisis and 

has designed its emergency response structure specifically to allow separate management of the crisis while 

continuing the safe operation of the airline.

2.2. JetMagic Emergency Committee

The Emergency Committee (“EC”), headed by JetMagic’s CEO and staffed by organized and trained JetMagic 

employees will be activated to enhance communication between JetMagic and the families affected by an accident 

and to respond to needs the families may have. 

2.3. Training

Since the customers of JetMagic flights to and from the United States are primarily persons other than United States 

citizens, families will be directed to call our toll free number. JetMagic will provide adequate training to its 

employees and agents to meet the needs of survivors and family members following an accident. Periodic 

simulations of JetMagic’s comprehensive emergency response plan are made in conjunction with regular airport 

drills.

2.4. Toll-Free Telephone number

On request, an NTSB-designated, independent non-profit organization will establish a toll-free telephone number on 

behalf of JetMagic within one (1) hour of JetMagic’s head office receiving information indicating that an aircraft 
operated by JetMagic has been involved in an event and that there are serious injuries and/or fatalities. At the same 

time JetMagic will publish the telephone number if its own Passenger Inquiry Center, to cover all needs of our 

customers. The toll-free number will be provided to the media, the police and fire department at the site of the 

accident as soon as it is established. Only information authorized for release will be provided.

3. Passenger Reconciliation and Notification 

3.1. Reconciliation

In the case of an JetMagic flight accident within the United States, JetMagic will -- upon the request of the NTSB --

provide the director of family support services designated for the accident under 49 U.S.C. § 1136(a)(l) and/or the 

organization designated for the accident under § 1136(a)(2) a list of names of passengers aboard the aircraft. This 

list will be based on the airline’s best available information at the time of request. All passenger manifests shall be 

considered and marked as “preliminary and unconfirmed.” However, the passenger manifest will be updated 

periodically. If foreign nationals are verified to be on board, JetMagic will transmit a list of their names to the 

United States Department of State.

3.2. Notifying Passenger Families

Specially trained personnel, designated by the EC, will notify the family of each passenger as soon as it appears that 

the individual was on board. This notification will be provided in person to the extent practicable and as soon as 

possible after the identity of the passenger has been verified. JetMagic will not wait for all the names of passengers 

to be verified before releasing the names of known passengers. This will enable a quick flow of information at both 

the place of departure and arrival, and will continue 24 hours per day. 

Identifying and contacting some passengers’ next-of-kin may be delayed, depending on the amount and accuracy of 

information available. JetMagic will not release a passenger’s name publicly or to individual callers until after the 

next-of-kin has been notified. If the next-of-kin requests that the passenger’s name not be made public, JetMagic 

will convey that information to the NTSB in an effort to do everything possible to honor the request.

3.3. Equal Treatment Of Passengers. 

The treatment of the families of non-revenue passengers will be the same as the treatment of families of revenue 

passengers.

3.4. Notification of NTSB In Accordance With 49 C.F.R. § 830.5

Upon learning of an aircraft accident, JetMagic will immediately notify the nearest NTSB field office and provide 

the following information, if available:

1) Type, nationality, and registration marks of the aircraft;

2) Name of the owner and operator of the aircraft;

3) Name of the pilot-in-command;

4) Date and time of the accident;

5) Last point of departure and point of intended landing of the aircraft;

6) Position of the aircraft with reference to some easily defined geographical point;

7) Number of persons aboard, number killed, and number seriously injured;

8) Nature of the accident, the weather over the accident site, and the extent of damage to the aircraft so far as 

is known; and

9) A description of any explosives, radioactive materials, or other dangerous articles carried on the flight.

3.5. Notification Concerning Liability For Man-Made Structures
In the case of an accident that results in significant damage to a man-made structure or other property that is not 

government-owned, JetMagic will promptly provide written notice, to the extent practicable, directly to the owner of 

the structure or other property advising the owner:

1) to contact the insurer of the property as the authoritative source for information about coverage and 

compensation;

2) to not rely on unofficial information offered by JetMagic representatives about compensation by JetMagic 

for accident-site property damage; and

3) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, 

consistent with restrictions on access to the accident site.

4. Passenger Identification

The medical examiner or coroner is responsible for the positive identification of fatalities and will provide official 

notification of death to the family. In cases where local capacity is exceeded, this task may be supplemented by 

members of the disaster mortuary team. For injured passengers, the hospital is responsible for periodic status 

updates and either the hospital or JetMagic will continue to advise the families.

5. Family Access to the Accident Site

JetMagic will assist a passenger’s family in traveling to the location of the accident if they so desire. Once at the 

location, specific JetMagic personnel assisted by a third party will be assigned and dedicated to the families to 

provide for their physical care, e.g., by coordinating accommodations, ground transportation, communication, the 

purchase of personal incidentals, and visiting survivors in the hospitals.

JetMagic will make provisions for a joint family support operations center to include space, communications, and 

logistical support for federal investigators and the designated organization’s staff. JetMagic will endeavor to secure 

a suitable facility to protect families from intrusions by the media and by unwelcome solicitors.

The National Transportation Safety Board has accident-site jurisdiction. NTSB may limit access to the site for 

reasons of terrain, biohazard and/or hazardous materials, security measures, or other unforeseen conditions. Within 

these site security limitations, JetMagic will respond to victim-family requests for visits to the accident scene. 

JetMagic representatives will continue to assist family members as they depart the accident location and will 

maintain contact with the family until it is no longer necessary.

6. Human Remains and Personal Effects

The medical examiner or coroner is responsible for the disposition of identifiable and unidentifiable human remains. 

The NTSB may activate disaster mortuary teams to assist with this process.

JetMagic will comply with decisions made by the responsible authorities and help to ensure that the families are 

advised as to the plans for disposition. We will honor the next-of-kin’s wishes regarding arrangements for remains 

identified as those of the passenger.

6.1. Personal Effects

Authorities should return identifiable personal effects to the passenger’s family rather than entrusting them to 

JetMagic. Local authorities should determine disposition of unidentifiable personal effects.

If personal effects come into the airline’s control, unless the effects are needed for investigation of the accident or 

for a criminal investigation, JetMagic or its designee will consult with each family about the disposition of the items. 

JetMagic or its designee will describe to the next-of- kin the condition of each such possession and follow the next-
of-kin’s direction as to the return or other disposition of such items regardless of their condition. JetMagic will 

designate an experienced subcontractor who will commit sufficient resources to provide services, including, but not 

limited to, recovery, cleaning, and restoration of personal effects, liaison with relatives, eventual repatriation, and 

final disposition of remains.

After returning all possessions that can be associated with specific passengers, JetMagic will retain any unclaimed 

possessions within its control for no less than 18 months.

6.2. Monuments

If the families express a desire for a monument at the accident site, JetMagic will consult each of them about its 

construction, including any inscription on the monument. All comments and concerns from families (along with the 

statutory and/or regulatory requirements or considerations of the place of construction) will be given careful 

consideration. Each family will be given a choice of including or not including the passenger’s name should the 

agreed design contain victim names in an inscription. If it is impossible to obtain a unanimous agreement from the 

families, JetMagic may implement a plan agreeable to the majority of the families.

The closest family members will be given an opportunity to visit the monument when construction is complete.

7. Relationship with Designated Independent Organization

JetMagic will establish a liaison with the independent, non-profit organization that the NTSB designates under 49 

U.S.C. § 1136(a)(2) in order to work together on an ongoing basis. The goals will be to ensure that mental health 

and counseling services, as well as any other appropriate services, are provided to families following an accident.

7.1. Compensation Of Designated Organization

A procedure will be developed to pay reasonable compensation for services provided to the independent, non-profit 

organization that the NTSB designates under 49 U.S.C. § 1136(a)(2). JetMagic will request a plan of tasks and 

anticipated expenses prior to the designated organization’s full deployment, a consultation about costs as they are 

incurred, and an itemized list of services rendered and expenses to accompany the organization’s invoice.

8. Provision of Simultaneous Electronic Transmission 

of National Transportation Safety Board Hearing

In the case of an accident in which the NTSB conducts a public hearing or comparable proceeding at a location 

greater than 80 miles from the accident site, JetMagic will ensure that the proceeding is made available 

simultaneously by electronic means at a location open to the public at both the origin and destination of the flight, 

provided that city is located in the United States.

9. Filing Airline Plan with DOT and NTSB

JetMagic has filed this Plan as required by the Foreign Air Carrier Family Support Act of 1997, as amended by AIR21 and Vision 100. In addition, JetMagic has submitted to the National Transportation Safety Board contact 

telephone numbers at its operational center that can be used by the NTSB 24 hours per day, seven days per week.

10. Consultation on Carrier Response Not Covered by Plan

In the event JetMagic volunteers assistance to United States citizens within the United States with respect to an 

aircraft accident outside the United States involving a major loss of life, JetMagic will consult with the NTSB and 

the U.S. Department of State, on the provision of the assistance.