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 th is 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 applic ation 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 Part s 211 and 302 of the Aviation Economic

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

carrier permit to the full ex tent authorized by the Air Tr ansport Agreement Between the

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

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

i. foreign charter air transpor tation of persons and propert y 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 transpor tation of persons and prope rty 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 th e prior approval requirements set forth in Part 212 of the Department’s Economic Regulations; and

iv. transportation authorized by any additi onal route rights ma de available to European Community carriers in the future.2 Albinati Aviation further requests exem ption 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 th at the authority described a bove be issued expeditiously

and that the Department process this appli cation pursuant to the streamlined regulatory

procedures for licensing U.S. and foreign air ca rriers set forth in the Notice dated August 23,

2005 (Docket OST-2005-22228), and issue a singl e order (1) granti ng the requested

exemption authority for a two-year period or until the requested permit authority becomes

effective, whichever occurs first, and (2) approving the co rresponding foreign air carrier

permit under the show-cause procedures desc ribed in the August 23, 2005 Notice. Albinati

Aviation further requests the Department process this application pursuant to the streamlined

regulatory procedures for licensing European Uni on 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, Albi nati 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 prov ided by the US-EC Agreement and automatic

application of additional rights ma de available to European Comm unity carriers in the future.

2. The full name and addr ess of the applicant is:

Albinati Aviation Ltd Aragon House Business Centre Dragonara Road3 St. Julian’s STJ 3140 Malta

The applicant is a corporation or ganized under the laws of Malta.

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

having regulatory jurisdicti on 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 be tween the United States and Malta

is governed by the Air Transport Agreement Be tween the United States and the European

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

The authority requested herein is consistent with that agreement.

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

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

services will be operated with business jet aircraft.

7. Albinati Aviation meets the Depart ment’s requirements for insurance.

Attached as Exhibit 2 is OST Form 6411.4 8. Albinati Aviation is applying to th e 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 th an 18,000 pounds. Pursuant to Order 98-1-31

issued February 3, 1998, Albinati Aviation is ex empt from the provisi ons of 49 U.S.C.

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

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

not required to collect passe nger 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 gr ant 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 exemp tion authority would not constitute a major

regulatory action under the Energy and Conser vation 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 enab le Albinati Aviation to engage in:

i. foreign charter air trans portation of persons and property from any point or points behind any Member State of th e European Union via any point orALBINATI AVIATION LTD

EXHIBIT 1

AIR OPERATOR CERTIFICATEALBINATI AVIATION LTD

EXHIBIT 2

INSURANCE (OST FORM 6411)ALBINATI AVIATION LTD

EXHIBIT 3

WARSAW CONVENTION (OST FORM 4523)ALBINATI AVIATION LTD

EXHIBIT 4

VERIFICATION