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 FL YBE 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 of Transportation 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 of the Department's Rules of Practice, 14 C.P.R. § 302.301 et 

seq., hereby applies for renewal of its exemption authority to engage in foreign air 

transportation of persons, 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 of Brussels Airlines NV /SA ("Brussels 

Airlines"). Flybe requests renewal of this authority so that it may continue to operate 

codeshare routes on behalf of Brussels Airlines with United. 

By Notice 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 of persons, 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 EU 
and ECAA countries and points beyond on behalf of Brussels Airlines. Fly be requests 

renewal of this authority for a period of two (2) years. 

In support of this application, Fly be submits the following: 

1. In addition to the exemption authority for which renewal is sought here, DOT 

issued Flybe issued Statements of Authorization on November 9, 2012 permitting Flybe 

to display the US* code of US Airways and the UA *code of United 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 of Authorization were issued for an indefinite period of time. 

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 behalf of Brussels 

Airlines, pursuant to the codeshare arrangement with United, and subject to the terms and 

conditions of the Statement of Authorization. 

3. Flybe is fit, willing and able to perform the 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 in the 

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 of providing EU/ECAA codeshare-only services with United 

Airlines exclusively. 
... -----

4. Flybe invokes the automatic extension provisions of the Administrative 

Procedures Act, 5 U.S.C. § 558(c), as implemented by 14 C.P.R. Part 377, so that it may 

continue by operation of law to operate this service until the Department makes a 

determination on its request. Flybe's exemption authority would expire November 9, 

2014 absent this renewal application, which is timely filed pursuant to 14 C.F .R. § 

377.10(c). 

WHEREFORE, Flybe respectfully requests that the Department grant Flybe's 

request for renewal of its exemption authority to engage in foreign air transportation of 

persons, property and mail within EU and ECAA countries and between points in the EU 

and ECAA countries and points beyond as more fully described above, and such other 

relief as the Department may deem necessary. 

Date: November 7, 2014 

201435 

Respectfully submitted, 

ECKE~SEAMANS C~RIN & MELLOTT, LLC 

By: (iWJ& ~r'atwlv Evelyn D. Sahr 

Beth A. FitzPatrick 

1717 Pennsylvania Avenue, N.W. 

Twelfth Floor 

Washington, D.C. 20006 

(202) 659-6622 (telephone) 

(202) 659-6699 (facsimile) 

Attorneys for Flybe Limited 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Exemption Application for Flybe 

Limited served by electronic mail this 7th day ofNovember 2014 on the 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 Delta Airlines Sascha. vanderbellen@del ta. com 

Christopher Walker Chris. walker@del ta. com 

Robert Wirick American Airlines robert. wiri ck@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