BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

ALBINATI AVIATION LTD 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2015- 

 

APPLICATION OF ALBINATI AVIATION LTD FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Communications with respect to this document should be sent to: 

 John R. Copley 

Erin Tallardy Katz 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Suite 590 

Washington, D.C. 20036 

Phone 202-776-3970 

Fax 202-776-3975 

jcopley@ggh-airlaw.com 

ekatz@ggh-airlaw.com 

Counsel for Albinati Aviation Ltd 

March 31, 2015 

Notice: Any person who wishes to support or oppose this application may file an 

answer and serve that answer on above-named counsel and all persons served with the 

application. Answers to the exemption application are due by April 15, 2015, and 

answers to the permit application are due by April 21, 2015. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

ALBINATI AVIATION LTD 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2015- 

 

APPLICATION OF ALBINATI AVIATION LTD FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY 

Pursuant to 49 U.S.C. § 41301 and Parts 211 and 302 of the Aviation Economic 

Regulations, Albinati Aviation Ltd (“Albinati Aviation”) hereby applies for a foreign air 

carrier permit to the full extent authorized by the Air Transport Agreement Between the 

United States and the European Community and the Member States of the European 

Community (hereinafter the “US-EC Agreement”) to enable it to engage in: 

i. foreign charter air transportation of persons and property 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; 

ii. foreign charter air transportation of persons and property between any point or 

points in the United States and any point or points in any member of the European 

Common Aviation Area; 

iii. other charters pursuant to the prior approval requirements set forth in Part 212 of 

the Department’s Economic Regulations; and 

iv. transportation authorized by any additional route rights made available to 

European Community carriers in the future. 
 2 

Albinati Aviation further requests exemption authority under 49 U.S.C. § 40109 to 

the extent necessary to enable it to provide the services described above pending issuance of 

a foreign air carrier permit and such additional or other relief as the Department may deem 

necessary or appropriate. 

Albinati Aviation requests that the authority described above be issued expeditiously 

and 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 single 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 described in the August 23, 2005 Notice. Albinati 

Aviation further requests 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.-EU Reciprocal Recognition Procedures set forth in the Department’s notice dated 

February 19, 2009. 

In support of this application, Albinati Aviation states as follows: 

 

 1. The United States and the European Community successfully concluded 

negotiations for a new air transport agreement effective March 30, 2008. Albinati Aviation is 

requesting authority to the full extent provided by the US-EC Agreement and automatic 

application of additional rights made available to European Community carriers in the future. 

 

 2. The full name and address of the applicant is: 

Albinati Aviation Ltd 

Aragon House Business Centre 

Dragonara Road 
 3 

St. Julian’s STJ 3140 

Malta 

The applicant is a corporation organized under the laws of Malta. 

 3. The name and official address of the government air transport authority 

having regulatory jurisdiction over Albinati Aviation is: 

 Transport Malta Civil Aviation Directorate 

 Security Gate 1 

 Luqa Airport 

 Luqa LQA 3000 

 Malta 

 4. Albinati Aviation holds authority to operate the aircraft listed in its Air 

Operator Certificate MT-27, which was issued by the Civil Aviation Directorate and is 

attached as Exhibit 1.

5. Since March 30, 2008, air transportation between the United States and Malta 

is governed by the Air Transport Agreement Between the United States and the European 

Community and the Member States of the European Community (signed April 30, 2007). 

The authority requested herein is consistent with that agreement. 

 6. Albinati Aviation requests this authority to provide ad hoc, on demand charter 

operations between points outside the United States and points in the United States. These 

services will be operated with business jet aircraft. 

 7. Albinati Aviation meets the Department’s requirements for insurance. 

Attached as Exhibit 2 is OST Form 6411.
 4 

 8. Albinati Aviation is applying to the Department for authority to operate 

aircraft designed to have a maximum passenger capacity of not more than 60 seats or a 

maximum payload capacity of not more than 18,000 pounds. Pursuant to Order 98-1-31 

issued February 3, 1998, Albinati Aviation is exempt from the provisions of 49 U.S.C. 

§ 41313, which requires submission of an Aviation Disaster Family Assistance Plan. 

Further, pursuant to Part 243.3 of the Aviation Economic regulations, Albinati Aviation is 

not required to collect passenger manifest information. 

 9. A partial waiver of the liability limitations of the Warsaw Convention (OST 

Form 4523) is attached as Exhibit 3.

 10. Albinati Aviation anticipates that grant of the requested authority will not 

result in aircraft fuel consumption exceeding 10 million gallons. Accordingly, grant of the 

requested foreign air carrier permit and exemption authority would not constitute a major 

regulatory action under the Energy and Conservation Act of 1975, as defined in Section 

313.4 of the Aviation Economic regulations. 

 11. The verification required by § 211.11 of the Aviation Economic regulations is 

attached as Exhibit 4. 

WHEREFORE, Albinati Aviation Ltd submits that grant of this application would be 

consistent with the public interest and requests that the Department issue a foreign air carrier 

permit and exemption authority to enable Albinati Aviation to engage in: 

i. foreign charter air transportation of persons and property from any point or 

points behind any Member State of the European Union via any point or 


 

ALBINATI AVIATION LTD 

EXHIBIT 1 

AIR OPERATOR CERTIFICATE 

 




 

ALBINATI AVIATION LTD 

EXHIBIT 2 

INSURANCE (OST FORM 6411) 

 


 

ALBINATI AVIATION LTD 

EXHIBIT 3 

WARSAW CONVENTION (OST FORM 4523) 

 

ALBINATI AVIATION LTD 

EXHIBIT 4 

VERIFICATION