Application of Flybe Limited BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) Docket No. OST-2012-0172 ) ) ) for exemption from 49 U.S.C. §41301 and pursuant to 14 C.F.R. Part 212 permitting code share operations ) ) )

DATED: APPLICATION OF FLYBE LIMITED FOR RENEWAL OF EXEMPTION AUTHORITY

November 7, 2014 Communications with respect to the above should be addressed to: Evelyn D. Sahr Beth A. FitzPatrick Counsel for Flybe Limited Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6600 Fax: (202) 659-6699

NOTICE: Any person wishing to support or oppose this application must file an answer with the Department ofTransportation and serve it on the above counsel and all persons named on the attached service list no later than November 24, 2014.Application of Flybe Limited BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
) ) Docket No. OST-2012-0172 ) ) ) for exemption from 49 U.S.C. § 41301 and pursuant to 14 C.F.R. Part 212 permitting code-share operations ) ) )

APPLICATION OF FLYBE LIMITED FOR RENEWAL OF EXEMPTION AUTHORITY Flybe Airlines Corporation Limited ("Flybe"), in accordance with 49 U.S.C. § 40109(c), and Subpart C ofthe Department's Rules ofPractice, 14 C.P.R. § 302.301 et seq., hereby applies for renewal of its exemption authority to engage in foreign air transportation ofpersons, property and mail, on a codeshare-only basis with United Air Lines, Inc. ("United"), on Flybe's flights within European Union (EU) and European Common Aviation Area ("ECAA") countries and between points in EU and ECAA countries and points in third countries on behalf ofBrussels Airlines NV/SA ("Brussels Airlines"). Flybe requests renewal of this authority so that it may continue to operate codeshare routes on behalfofBrussels Airlines with United. ByNotice of Action Taken on November 9, 2012 in Docket OST-2012-0172, the Department granted Flybe an exemption from 49 U.S.C. § 40109 to engage in foreign air transportation ofpersons, property and mail on flights operated on a codeshare-only basis with United on flights within the EU and ECAA countries and between points in the EUand ECAA countries and points beyond on behalfofBrussels Airlines. Flybe requests renewal ofthis authority for a period oftwo (2) years. In support ofthis application, Flybe submits the following: 1. In addition to the exemption authority for which renewal is sought here, DOT issued Flybe issued Statements ofAuthorization onNovember 9, 2012 permitting Flybe to display the US* code ofUS Airways and the UA*code ofUnited on Flybe flights operated on a wet lease basis for Brussels Airlines, pursuant to existing code-share arrangements between: 1) Brussels Airlines and US Airways; and 2) Brussels Airlines and United. (Notice of Action Taken, November 9, 2014 (Docket OST-2012-0172)). 1 The Statements ofAuthorization were issued for an indefinite period oftime. 2. Renewal ofFlybe's EU/ECAA exemption authority will allow it to continue to display United's "UA" designator code on flights operated by Flybe on behalfofBrussels Airlines, pursuant to the codeshare arrangement with United, and subject to the terms and conditions ofthe Statement ofAuthorization. 3. Flybe is fit, willing and able to performthe services for which the exemption is sought. The requested exemption authority is consistent with the U.S.-EU Open Skies Air Transport Agreement signed on April 30, 2007 and amended by a Protocol, signed an provisionally applied June 24, 2010. Renewing Flybe's exemption authority is inthe public interest as it will permit United to continue to provide enhanced services for persons traveling within EU and ECAA countries and between points in EU and ECAA countries and points in third countries.

1 Note that Flybe has discontinued its codesharing relationship with US Airways and is seeking renewal of its exemption authority for the purpose ofproviding EU/ECAA codeshare-only services with United Airlines exclusively.... -------------------

4
. Flybe invokes the automatic extensionprovisions ofthe Administrative Procedures Act, 5 U.S.C. § 558(c), as implemented by 14 C.P.R. Part 377, so that itmay continue by operation oflawto operate this service until the Departmentmakes a determination on its request. Flybe's exemption authority would expire November 9, 2014 absent this renewal application, which is timely filed pursuantto 14 C.F.R. 

### § 377.10(c). WHEREFORE, Flybe respectfully requests thatthe Department grant Flybe's request for renewal ofits exemption authorityto engage inforeign air transportation of persons, property and mail within EU and ECAA countries and betweenpoints inthe EU andECAA countries and points beyond as more fully described above, and such other reliefas the Departmentmay deem necessary.

Date: November 7, 2014

201435 Respectfully submitted,



### ECKE~SEAMAN **S C~RIN**  & MELLOTT, LLC By: 

# (iWJ&

**~r'atwlv** Evelyn D. Sahr BethA. FitzPatrick 1717 PennsylvaniaAvenue, N.W. TwelfthFloor Washington, D.C. 20006 (202) 659-6622 (telephone) (202) 659-6699 (facsimile) Attorneys for Flybe LimitedCERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing Exemption Application for Flybe Limited served by electronic mail this 7th day ofNovember 2014 onthe following:

TO COMPANY E-MAIL Thomas S. Engle U.S. Department of englets@state.gov State JohnS. Duncan Federal Aviation john.s.duncan@faa.gov Administration Sascha Van der Bellen DeltaAirlines Sascha.vanderbellen@delta.com Christopher Walker Chris.walker@delta.com Robert Wirick American Airlines robert.wirick@aa.com Howard Kass Inc. howard.kass@aa.com Dan Weiss United Air Lines, dan.weiss@united.com Steve Morrissey Inc. steve.morrissey@united.com Abby Bried abby.bried(a:J,united.com Kevin Montgomery Polar Air Cargo kevin.montgomery(a:J,polaraircargo.com Russell E. Pommer Atlas Air, Inc.**rpomme~atlasair**.com Bailey Leopard Federal Express gbleopard@fedex.com Nancy Sparks nssparks@fedex.com Anita Mosner Holland & Knight anita.mosner@hklaw.com Jennifer Nowak (United Parcel jennifer.nowak@hklaw.com Service) Mark Atwood Kalitta Air**matwood~cozen.com** Frank Avent Airline Info info@airlineinfo.com