BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

WOW AIR ehf )

) Docket No. OST-2013-

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

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (Iceland/EU-US) )

__________________________________________)

APPLICATION OF WOW AIR

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP

 SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663-8000

Fax: (202) 663-8007

E-mail: romanow@pillsburylaw.com

peter.nelson@pillsburylaw.com

 

Counsel for Wow Air ehf

November 14, 2013

NOTE: Any person may support or oppose this Application by filing an answer and serving a 

copy of the answer on counsel for WOW and upon each person served with this application. 

Answers to the exemption application are due by November 29, 2013; answers to the permit 

application are due by December 5, 2013. WOW intends to poll on this application and will 

advise the Department of the results.
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

WOW AIR ehf )

) Docket No. OST-2013-

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

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (Iceland/EU-US) )

__________________________________________)

APPLICATION OF WOW AIR

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the Department’s economic 

regulations, and the Department’s rules of practice, Wow Air ehf (“WOW”), a foreign air carrier 

of Iceland, hereby applies for exemption authority and a foreign air carrier permit to enable it to 

conduct (1) foreign scheduled and charter air transportation of persons, property and mail 

between points behind Iceland, via Iceland and intermediate points, and any point or points in the 

United States and beyond; and (2) foreign scheduled and charter air transportation of persons, 

property and mail to the full extent permitted under the open skies U.S.-EU-Iceland-Norway Air 

Transport Agreement of June 21, 2011 (the “Air Transport Agreement”), as more fully described 

herein.

This application is filed pursuant to the Department’s notice of February 19, 2009 

relating to Application Procedures for Foreign Air Carriers of the European Union. Consistent 

with the Department’s notices of May 3, 2007 and August 23, 2005 (Docket No. OST-2005-
22228), WOW requests expedited processing of this application to allow it to begin the proposed 

services as soon as possible. 

The authority sought herein will result in increased travel opportunities, greater service 

options, and enhanced competition, thereby benefiting consumers in the United States, Iceland,

and the Member States of the European Union. The following information is provided in support 

of this application:

1. The applicant’s full name is Wow Air ehf. Its principal place of business is 

located at Katrínartún 12, 105 Reykjavik, Iceland. 211.20(a). 

2. Consistent with rights available to carriers of parties to the Air Transport 

Agreement, WOW requests authority to engage in:

(a) Foreign scheduled and charter air transportation of persons, property and 

mail between points behind Iceland, via Iceland and intermediate points,

and any point or points in the United States and beyond;

(b) 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;

(c) 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;

(d) Foreign scheduled and charter air transportation of cargo between any 

point or points in the United States and any other point or points; 
(e) Scheduled and charter transportation consistent with any future, additional 

rights that may be granted to foreign air carriers of the Member States of 

the European Community;

(f) Other charters pursuant to the prior approval requirements of 14 CFR Part 

212 of the Department’s Regulations. 211.20(c).

3. WOW’s Air Operator Certificate (AOC) from the Icelandic Transport Authority1

(Samgöngustofa) is attached hereto as Exhibit A. 211.20(b) and (i).

4. WOW’s insurance meets the minimum requirements specified in 14 C.F.R. 205. 

A copy of OST Form 6411, Foreign Air Carriers – Certificate of Insurance is 

attached hereto as Exhibit B. 211.20(h).

5. A copy of OST Form 4523 – Waiver of Warsaw Convention Liability Limits is 

attached hereto as Exhibit C. 211.20(t).

6. Grant of the authority sought herein will not result in a near-term increase in fuel 

consumption of ten million gallons or more, and therefore will not comprise a 

“major regulatory action” under the Energy Policy and Conservation Act of 1975, 

as defined at 14 C.F.R. § 313(a)(1).

7. WOW will submit its Family Assistance Plan to the National Transportation 

Safety Board. A copy is attached hereto as Exhibit D. 

8. A summary of WOW’s Passenger Manifest Information Collection Procedures is 

attached hereto as Exhibit E. 

9. The verification required by 14 C.F.R. § 302.4(b) is attached hereto as Exhibit F.

 1 The principal address of the Icelandic Transport Authority is P.O. Box 470, 202 Kópavogur, Iceland, 

Tel +354-480-6000.
10. As demonstrated by the information provided herein, WOW is fully qualified to 

operate the services for which authority is herein requested; grant of the requested 

authority is consistent with Air Transport Agreement and will, therefore, serve the 

public interest.

WHEREFORE, based on the foregoing information, WOW respectfully requests that the 

Department issue an exemption and foreign air carrier permit authorizing WOW to engage in 

foreign scheduled and charter air transportation of persons, property and mail, as more fully 

described above. 

November 14, 2013

Respectfully submitted,

______________________

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, NW

Washington, DC 20037

Phone: (202) 663-8000

Fax: (202) 663-8007

Email: romanow@pillsburylaw.com

 peter.nelson@pillsburylaw.com

Counsel for Wow Air ehf
CERTIFICATE OF SERVICE

The undersigned certifies that on November 14, 2013, the Application of Wow Air ehf 

for an Exemption and Foreign Air Carrier Permit was served by electronic mail on the 

individuals identified below:

Steve Morrissey

United Airlines

steve.morrissey@united.com

Dan Weiss 

Continental Airlines

dan.weiss@coair.com

Nick Tsokris

Jesse Elliot

John Chen

FAA New York IFU

jesse.elliot@faa.gov

douglas.schwab@faa.gov

nicholas.tsokris@faa.gov

Sascha Vanderbellen

Delta Airlines

sascha.vanderbellen@delta.com

Howard Kass

U.S. Airways

howard.kass@usairways.com

John M. Allen

Director, Flight Standards

Federal Aviation Administration

john.allen@faa.gov

Anita Mosner

Jennifer Nowak

Counsel for UPS

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Malcolm L. Benge

Counsel for North American/World Airways

Zuckert Scoutt & Rasenberger, L.L.P.

mlbenge@zsrlaw.com

Russell E. Pommer

Associate General counsel & Sr. Director

 Regulatory Affairs

Atlas Air Inc.

rpommer@atlasair.com

Nancy S. Sparks

Bailey Leopard

Federal Express Corporation

nssparks@fedex.com

gbleopard@fedex.com

Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

/s/Melinda A. Hernandez

Melinda A. Hernandez
TABLE OF EXHIBITS

Exhibit A Air Operator Certificate

Exhibit B OST Form 6411, Foreign Air Carriers Certificate of Insurance

Exhibit C OST Form 4523, Waiver of Warsaw Convention Liability Limits

Exhibit D Foreign Air Carrier Family Assistance Plan

Exhibit E Summary of Passenger Manifest Information Collection Procedures

Exhibit F Verification
EXHIBIT A

AIR OPERATOR CERTIFICATE

(ATTACHED)


EXHIBIT B

OST FORM 6411

FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE

(ATTACHED)


EXHIBIT C

OST FORM 4523

WAIVER OF WARSAW CONVENTION LIABILITY LIMITS

(ATTACHED)

EXHIBIT D

FOREIGN AIR CARRIER FAMILY ASSISTANCE PLAN

WOW AIR EHF

1. Overview

1.1. The purpose of the Wow Air ehf (“WOW”) Family Assistance Plan is to provide 

company personnel with the guidelines, procedures and training that will enable 

them to act in the best interests of the families of passengers involved in any 

aircraft accident involving WOW aircraft and resulting in a major loss of life, to 

treat survivors and families with dignity, and to respect the cultural and religious 

backgrounds of survivors and families.

1.2. This document is a part of a larger effort, which includes the National 

Transportation Safety Board, other government entities and appointed 

independent non-profit organizations, to assist survivors and families in the event 

of an aviation disaster.

2. Pre-Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 1996 (49 

U.S.C. Section 1136 & Section 41313), as amended by Vision 100 – Century of 

Aviation Reauthorization Act, WOW will publish this Family Assistance Plan and 

insert this plan into all appropriate WOW manuals.

2.2. The treatment of families of non-revenue passengers (and any other victim of the 

accident) will be the same as the treatment of the families of revenue passengers.

2.3. The WOW Emergency Response Team will be utilized to respond to likely needs 

of survivors and families.

2.4. Training will be based upon employee’s responsibilities and WOW will provide 

logistical support to the Response Team.

2.5. Training of Family Assistance Personnel will be conducted in conjunction with 

WOW’s training recognizing that:

2.5.1. A list of trained Family Assistance Personnel will be maintained in the 

WOW Emergency Response Plan.

2.5.2. Personnel who are in public contact positions need to know how to 

respond to inquiries and facilitate responses to them.
2.5.3. Families may seek assistance from WOW at airports that are neither the 

origin nor the destination of the flight.

2.5.4. Simulations of the Plan will be held annually in addition to participation in 

local disaster drills.

2.5.5. After an aviation disaster involving a WOW aircraft, a toll-free “800” 

number will be published for the use of families to inquire about 

passengers.

2.5.6. It is WOW’s policy that manifest information will only be released by the 

designated WOW Coordinator to the proper NTSB authorities, the director 

of family support services designated for the accident under section 

1136(a)(1), the organization designated for the accident under section 

1136(a)(2); the WOW NTSB Family Assistance Coordinator, WOW’s 

President, the Executive Vice President, Vice President of Flight 

Operations or Vice President of Human Resources and Administration or 

their authorized representatives. Any other release of manifest 

information is considered unauthorized and prohibited.

2.5.7. WOW will inform family members (or family friends or clergy who are 

with the family) at an appropriate time, but as early as possible after being 

notified, that it is critical that they contact their family dentist to obtain the 

dental records and dental x-rays of their loved one. WOW will ask the 

family to have the records and x-rays sent by special courier to the address 

of the hotel where the joint family support operations center will be 

located. Packages should be addressed to the Director, Family Support 

Services, NTSB. If the family is coming to the site the next day, the 

family may arrange to hand-carry these documents. If the family is 

already at the accident site or arrives without making these arrangements, 

the Disaster Mortuary Team personnel will coordinate with the family’s 

dentist to obtain dental records and dental x-rays.

2.5.8. WOW will ensure that its employees and agents receive adequate training 

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

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, WOW 

personnel immediately after the accident will begin a review of the following:

3.1.1. On board Passenger Manifest.

3.1.2. Standby passengers.

3.1.3. Non-revenue passengers.
3.1.4. Re-routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different names.

3.2. WOW will release, upon request, to the NTSB Family Services Director a 

passenger list. This would be upon the firm understanding that the list reflects the 

best available information at the time of the request, that it may have inaccuracies 

and it may not be complete.

3.2.1. All personnel involved with handling the manifest will be briefed as to the 

confidential/sensitive nature of this information.

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY AND 

UNCONFIRMED” with date, time and list number.

3.2.3. WOW will update the list periodically.

3.2.4. Upon request, WOW will provide to the Department of State information 

in its possession about foreign passengers.

3.2.5. WOW will coordinate as necessary with the Department of Justice for 

family meetings to explain Department of Justice services.

3.3. Notification Procedures

3.3.1. As soon as information becomes available on each passenger, that 

passenger’s family will be notified.

3.3.1.1. Notification to family members will be made prior to release of 

the passenger’s name to the public and, to the extent practical, in 

person.

3.3.2. WOW personnel making the notification will be suitably trained as noted 

in Paragraphs 2.4, 2.5 and 2.5.8 of this document.

3.3.3. WOW will secure a facility for family members that will insure privacy 

from solicitors and the media.

3.3.4. After coordination with NTSB, WOW will provide a joint support 

operations center to provide logistical support to the federal staff.
3.3.5. As appropriate, WOW will continually update the public on the progress 

of family notification.

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this document, any unauthorized release of 

manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive 

identification of fatalities.

4.1.1.1. If the victim has died, the medical examiner will coordinate with 

the Disaster Mortuary Team Commander to provide official 

notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for status 

updates and either the hospital or WOW will advise the families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, WOW will respond to family 

requests for access to the accident scene.

5.3. WOW will assist up to two members (exceptions would be made as individual 

cases and cultural differences would have to be considered) of the family of a 

passenger traveling to the location of the accident and provide for the physical 

care of the family while the family is staying at such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common law 

spouse, parents or children of the injured/deceased. If the deceased has no 

Family as defined, up to two close living relatives would be considered 

“Family.”

5.3.2. Physical care.

5.3.2.1. Transportation to and from accident city.

5.3.2.2. Transportation to and from accident site.
5.3.2.3. Hotel accommodations at accident city for a reasonable time 

period.

5.3.2.4. Meal voucher during hotel stay and day of travel to and from the 

accident city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and 

unidentifiable human remains.

6.2. WOW shall work with authorities to return identifiable personal effects to 

victim’s family rather than having WOW become a custodian of them; WOW and 

the authorities will work together to determine disposition of unidentifiable 

personal effects.

6.3. Personal effects that come into the control of WOW will be handled in the 

following manner after release from the NTSB:

6.3.1. WOW will consult with each family about the disposition of personal 

effects that are in WOW’s control.

6.3.2. WOW will return to the family, if requested, any passenger’s possession 

that is under the control of WOW.

6.3.3. WOW will retain for 18 months any unclaimed property of a passenger 

that is under WOW’s control.

6.3.4. WOW will consult with the families about the construction by WOW of 

any planned monument, including the inscription on it.

6.3.5. WOW will only be able to return personal effects that come into WOW’s 

control once permission of the NTSB has been obtained as the items may 

have some bearing on the accident investigation.

7. Liability for Man-Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an accident 

resulting in significant damage to man-made structures or non-government-owned 

property on the ground, WOW shall promptly provide written notification directly 

to the owner of liability for any property damage and the means for obtaining 

compensation. Such notice shall advise the owner: (a) to contact the property 

insurer as the authoritative source for coverage and compensation information; (b) 

to not rely on unofficial information offered by WOW’s representatives about 

compensation by WOW for accident-site property damage; and (c) to obtain 
detailed evidence of property damage as soon as possible following the accident, 

consistent with restrictions to the accident site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accordance with 49 U.S.C. Section 41313(c), in the event of an accident in 

which the NTSB conducts a public hearing or comparable proceeding at a 

location more than eighty (80) miles from the accident site, WOW shall ensure 

the proceeding is made available simultaneously by electronic means at a location 

open to the public at the origin city and destination city of the WOW flight, if that 

city is located in the United States.

9. Relationship with Designated Independent Organization

9.1. WOW will work with the independent nonprofit organization that is designated 

under 49 U.S.C. Section 1136(a)(2) to provide mental health and counseling 

services to families.

9.1.1. Mental health services can be coordinated on a local basis through the 

nonprofit organization or these services can be brought in from another 

city where the airline may have a Mental Health Professional on retainer.

9.1.2. Should long-term counseling be required, WOW will coordinate with the 

nonprofit organization appointed by the NTSB, the family and the 

company providing the service.

9.2. WOW will develop a procedure to pay reasonable compensation to the NTSBdesignated independent non-profit organization as required by 49 U.S.C. Section 

41313(C)(11) where the nature and scope of its work and the kind of costs to be 

incurred have been discussed and agreed in advance.

9.3. WOW will coordinate with family members as to their need for American Red 

Cross for assistance.

9.4. WOW will participate in the daily coordination meetings to review daily 

activities, resolve problem areas, and to synchronize future family support 

operations and activities.

10. Third Party Service Provider

10.1 In order to fulfill its obligations under this Plan, WOW may contract with third 

party service providers who specialize in aviation disaster response services. 

WOW will work with any such third party service provider to carry out the 

responsibilities undertaken in this Plan.
11. Filing of this document with NTSB and DOT

11.1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 U.S.C. 

Section 41313(b), this document will be filed with the National Transportation 

Safety Board and the Department of Transportation.

12. Revisions and Code-Share Agreements

12.1. WOW reserves the right to introduce changes to this plan from time to time.

12.2. WOW does not presently have an approved code-share arrangement with any 

United States carrier. If WOW were to enter into such an agreement and it were 

approved, WOW may revise this plan.

13. Accidents Not Covered by this Plan

13.1 WOW will consult with the NTSB and the Department of State if it voluntarily 

provides assistance to U.S. citizens in the United States with respect to accidents 

outside the United States not covered by this plan involving loss of life.

14. Emergency Contact Information

14.1 WOW’s 24-hour, 365 days a year contact is located in Reykjavik, Iceland. Any 

agent of the U.S. government may contact operations center personnel at any time 

by dialing +354-590-3082. The telephone numbers have been submitted to the 

NTSB and can be used by the NTSB 24 hours per day, seven days per week.
EXHIBIT E

SUMMARY OF PASSENGER MANIFEST INFORMATION COLLECTION 

PROCEDURES

WOW AIR EHF

Introduction

This summary is submitted by Wow Air ehf (“WOW”) to the U.S. Department of 

Transportation in accordance with 14 C.F.R. Part 243.

Summary of Procedures

For each covered flight segment, WOW shall collect, or cause to be collected, the full 

name of each passenger who is a U.S. citizen. Any U.S. citizen who does not provide this 

information will not be permitted to board.

WOW will request an emergency contact telephone number and name from U.S. citizen 

passengers. As the provision of this information is voluntary, WOW will not deny boarding to 

any passenger who refuses to provide it.

WOW shall store the information collected pursuant to the above procedures until 

passengers on the covered flight segment disembark. This information will be kept confidential 

and will not be used for purposes other than those described herein or disclosed to any entity 

except as required and permitted by law.

In the event of an aviation disaster, WOW shall contact the Managing Director of 

Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone. Not 

later than three hours after confirmation of such a disaster, WOW shall transmit to the U.S. State 

Department and, upon request, the National Transportation Safety Board, the information 

collected in accordance with these procedures.

24 Hour Contact Information

WOW’s 24-hour operations center is located in Katrinartun 12, 105, Reykjavik Iceland. 

Any agent of the U.S. government may contact operations center personnel at any time by 

dialing +354-590-3082 or via email at ops@wow.is. 
EXHIBIT F