BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

WOW AIR ehf ) ) Docket No. OST

- 201 3

- For an exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit pursuant to ) 49 U.S.C. § 4130 1 ( 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 f or Wow A ir ehf

Novembe r 1 4 , 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 applica tion 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 , h ereby applies for exemption authority and a foreign air carrier permit to enable it to

conduct (1) foreign scheduled and charter air tran sportation 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, 20 11 (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 D epartment’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 a uthority 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 ap plicant’s full name is W ow 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) F oreign 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 Unite d States and beyond;

(c) F oreign scheduled and charter air transportation of persons, pro perty 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) F oreign scheduled and charter a ir transportation of cargo between any

point or points in the United States and any other point or points;(e) S cheduled 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) O ther charters pursuant to the prior approv al 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 Authority 1

(Samgö ngustofa) is attached he reto 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 therefo re will not compr i se 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 F amily A ssistance P lan to the National Transportation

Safety Board. A copy is attached hereto a s 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

autho rity is consistent with Air Transport Agreement and will

, therefore

, serve the

public in terest.

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 tran sportation of persons, property and m ail, as more fully

described above

.

Novembe r 1 4 , 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 W ow A ir ehfCERTIFICATE OF SERVICE

The undersigned certifies that on November 1 4 , 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 IF U jesse.elliot@faa.gov douglas.schwab@faa.gov

n icholas. t sokris@ 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. HernandezTABLE OF EXHIBITS

Exhibit A Air Operator Certificate

Exhibit B OST Form 6411, Foreign Air Carriers Certificat e 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 VerificationEXHIBIT 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 W ow 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 interes ts 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 P lan 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 w ill 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

res pond 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 release d 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 Ass istance 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 un authorized 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 obt ain 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 ad dressed 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,

th e 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 follo wing 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

a nd 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 wi ll 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 s ecure 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 Comma nder 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 a ccident 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 diff erences 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 Effect s

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 con sult 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 l iability 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 informa tion offered by WOW’s representatives about compensation by WOW for accident

- site property damage; and (c) to obtaindetailed evidence of property damage as soon as possible following the accident,

consistent with restrictions to the accident site.

8. Sim ultaneous 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 accid ent 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 D esignated 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 coo rdinated 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 wit h 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 NTSB

designated independent non

- profit organization as required by 49 U.S.C. Sect ion 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 par ticipate 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 wi th 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

- S hare 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 wer e 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 O F PASSENGER MANIFEST INFORMATION COLLECTION

PROCEDURES

WOW AIR EHF

Introduction

This summary is submitted by W ow 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 fli ght 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, u pon 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