BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of ) )

JETMAGIC LTD ) Docket OST

- 20 14

-

_____ ) for an exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit pursuant t o ) 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. Kirste in Kirstein & Young, PLLC

1750 K Street , N.W.

Suite 2 00 Washington, D.C. 2000 6 (202) 331

- 3348 (202) 331

- 3933 Attorneys for

JETMAGIC LTD

December 3, 2014

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

Carrier Permit must file an A nswer by December 2 4 , 2014 and for the Exemption by December 1 8

, 2014 and serve that answer on all persons served with this application

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

at tached service list regarding this application.BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of ) )

JETMAGIC LTD ) Docket OST

- 20 14

-

_____ ) 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 provision s of the US

- EU Reciprocal ) Recognition Procedures. ) )

APPLICATION OF JETMAGIC LTD

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

JetMagic Ltd (“ JetMagic ”) , an air carri er of Malta, hereby applie s, pursuant to 49 U.S.C.

§§ 413 0 1 and 41302, and P arts 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 b etween the United States and the European Community and theApplication of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

2 of 5

Member States of the European Community (“U.S.

- E.U. Agreement”). JetMagic request s

auth ority to the extent necessary to engage in:

1. C harter foreign air transportation of persons, property, and mail between any point or

points behind any Member S tate of the European Union via any point or points in any

Member S tate and via intermediate point s to any point or point in the U nited States or

beyond;

2. C harter foreign air transportation of persons, property, and mail between any point or

points in the United States and any point or points in any M ember of the European

Common Aviation Area;

3. O ther chart ers pursuant to the prior approval requirements set forth in Part 212 of the

Department’s Economic Regulations; and

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

European Union carriers in the future.

JetMagic als o 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

appro priate.

Jet Magic 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 singl e 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 d escribed in the August 23, 2005 Notice.Application of MagicJet Ltd.

Foreign Air Carrier Permit and Exemption

3 of 5

Jet Magic 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. Reciproca l 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

– M alta

, . 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 R equested: JetMagic request s 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 charter s using Boeing

737 or Bombardier Global 5000 business jets

. Due to the on

- demand nature of its charter

operations, JetMagic cannot specify the particular point s in the United States to be served

.

4. Insurance: JetMa gi c 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 Author ity: JetMagic received authorization from the TM CAD to operate

commercial air transportation of passengers and cargo on April 30 , 201 3 . A copy of

JetMagic’s Air Operator Certificate and Operations Specifications are attac h ed 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 th is plan wil l be filed with the

D epartment and the National Transportation Safety B oard 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 th is plan in Docket OST

1998

- 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 wil l involve annual fuel c onsumption 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 wil l ing to accept all reasonable term s , conditions and limitations normally attached

to such foreign air carrier permits.

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

Tra ns porta t ion.

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 Janu ary 12, 2009 exchange of lettersApplication 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 Depar t ment to find approv al of JetMagic’s

application to be in the public interest.

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

Depar t ment issue it an exemption and foreign air carrier permit, and such other relief as the

Depar t ment may deem necessary or appropriate, as more fully described above.

Respectfully s ubmitted,

Joanne W. Young

David M. Kirstein Kirstein & Young, PLLC

1750 K Street , N.W.

Suite 2 00 Washington, D.C. 2000 6 (202) 331

- 3348 (202) 331

- 3933

Attorneys fo r JETMAGIC LTD

December 3 , 2014CERTIFICATE OF SERVI CE

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.morriss ey@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

b rian.hedberg@dot.gov dwight.moore@ustranscom.mil

matwood@cozen.com jhill@cooley.com robert.finamore@dot.gov englets@state.gov

__________________________ David M. Kirstein

# EXHIBITSEXHIBIT 1 : CERTIFICATE OF INS URANCEEXHIBIT 2 : OPERATOR CERTIFICA TE AND OPERATIONS SP ECIFICATIONSEXHIBIT 3: FAMILY ASSISTANCE PLAN



## JetMagic Ltd

Aviation Family Assistance Plan

December 2014

The plan is being submitted pu rsuant 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 opera tions 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. Train ing 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 Ind ependent 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 61. 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 organizati on 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 m ade 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, o r 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 ful fills 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 co mmit 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 crise s, 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. JetMa gic 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 adequ ate 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

- Fre e 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 aircraftoperate d 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 t he 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 uncon firmed.” 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 t rained 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 t he 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 contin ue 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

nex t

- 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 notif y 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) Las t 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 weathe r 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 Struct uresIn 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 o ther 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

f or 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 examin er 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. F or 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 lo cation 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 transport ation, 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 investigato rs 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 m ay 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 corone r 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 th at 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 t he 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 ac cident 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 i ts 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 fr om 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

agre ed 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 vi sit 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 wil l 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 o rganization’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 Transportati on 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 C arrier Family Support Act of 1997, as amended by AIR

21 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, seve n 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.