## BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of: National Airlines under 49 U.S.C.§41102 for a Blanket Open Skies Certificate ) ) ) ) ) ) ) 

## Docket DOT-OST-2015-

__



## APPLICATION OF NATIONAL AIRLINES FORA BLANKET OPEN SKIES CERTIFICATE
Communications 

## with respect to this document should be sent to: Edward M. Davidson President National Air Cargo Group, Inc.,

d/b/aNational Airlines 5955 T. G. Lee Blvd Suite 500 Orlando, FL 32822 Pierre Murphy Law Offices ofPierre Murphy 1200 New Hampshire Avenue, N.W. Suite 590 Washington, D.C. 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for National Air Cargo Group, Inc.

d/b/aNational Airlines 

## NOTICE: APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED IN ACCORDANCE WITH THE EXPEDITED PROCEDURES OF SUBPART B OF THE DEPARTMENT'S RULES OF PRACTICE (14 C.F.R. §302.201, et seq.). ANY PERSON WHO WISHES TO SUPPORT OR OPPOSE THIS APPLICATION MAY FILE AN ANSWER ON ORBEFORE MAY 11, 2015, AND SERVE COUNSEL FORNATIONAL AIRLINES AND ALL PERSONS NAMED ON THE ATTACHED SERVICE LIST Apri121, 2015

## Application of: National Airlines 

## BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Docket DOT-OST-2015- under 49 U.S.C.§41102 for a Blanket Open Skies Certificate ) ) ) 

## ) ) ) )


## APPLICATION OF NATIONAL AIRLINES FORA BLANKET OPEN SKIES CERTIFICATE

Pursuantto the regulatory streamlining policies and initiatives outlined inthe -..,.---



## Department's 2007 Notice issued in Docket DOT-OST-2007-27790 and pursuant to 49 U.S.C. §41102 and 14 C
.F.R. Part 302, National Air Cargo Group, Inc., d/b/aNational Airlines ("Applicant" or "National Airlines") hereby applies for a Blanket "Open Skies" Certificate of Public Convenience and Necessity that would allowNational Airlines to provide scheduled foreign air transportation ofpersons, property, and mail from a point orpoints in the United States, via intermediate points, to any point orpoints in any country with whichthe United States has entered into an "Open Skies" agreement as listed at: http:/ /ostpxweb.dot.gov/aviation/international/agreementsbeingapplied.htm, as well as any country with whichthe United States may inthe future inter into such an agreement once the agreement is being applied byboth countries. 1



### This request includes countries that are signatories to the Multilateral Agreement onthe Liberalization of International Air Transport ("MALIA 

### T'').

### APPLICATION OF NATIONAL AIRLINES FOR AN OPEN SKIES CERTIFICATE 

## Grant ofthis application is consistent with the policies outlined inthe Department's 2007 Notice inviting any U.S. air carriers already certificated for foreign scheduled services to file applications for blanket Open Skies scheduled certificate authority. In that Notice, the Department indicated ithad decided to issue a new form ofinternational route authority that would enhance operational flexibility and administrative convenience to any certificated carrier already holding foreign scheduled certificate authority.

In support ofthis Application, 2

## National Airlines states as follows:
1. 

## National Airlines is a citizen ofthe United States as that term is defined in the Federal Aviation Act. 

## It is a wholly owned subsidiary ofNational Air Cargo Acquisitions, LLC ("NAC Acquisitions"), a Delaware limited liability company, which in turn is ownedbyNational Air Cargo Holdings, Inc. (''NAC Holdings"), a NewYork domestic profit corporation. 

## Mr. Christopher 

## J. Alf, the Chairman ofthe Board ofDirectors ofNAC Holdings, is the sole shareholder ofNAC Holdings. 

## Mr. Alfis a citizen ofthe United States and resides in California. As the ultimate holder ofNational Airlines' voting stock, Mr. Alfis the only person holding a substantial interest in the company as defined in 14 C.F.R. §204.2(m).

2. National Airlines is incorporated as a domestic profit corporation inthe State of

2 

### Pursuantto the Department's streamlined licensing procedures, National Airlines requests that the Department process and approve the certificate authority for an indefinite term. See: Notice dated August 23,2005 (Docket DOT-OST-2005-22228).


### 2

### APPLICATION OF NATIONAL AIRLINES FOR AN OPEN SKIES CERTIFICATE 

## Michigan. 3 

## National Airlines is based in Florida at the following address:
5955 T. G. Lee Blvd Suite 500 Orlando, FL 32822

3. National operates a mixed fleet ofaircraft currently consisting ofBoeing B-747-400 freighters and B-757-200 pax aircraft

.

4. The Department has granted National Airlines and its predecessor company various interstate and foreign charter certificates since 2004.4 

## The Department has also found National Airlines fit to provide scheduled combination foreign air transportation when in 2014 it issued a Certificate ofPublic Convenience and Necessity to provide scheduled U.S.-U.A.E. service. See: Order 2015-1-21. 5



## 5. National Airlines is fit, willing, and able to provide the services at issue. It requests that the Department take official notice pursuant to 14 C.F.R. §302.24(g) ofthe economic authorities

National was originally incorporated on April6, 1992 as Murray Air, Inc., which was subsequently purchased in November2006 byNational Air Cargo, Inc. In December 2006, the name ofMurray Air, Inc. was formally changedto National Air Cargo Group, Inc. ("NACG") which is in turn 

### authorized bythe State ofMichigan and the U.S. Department ofTransportationto conductbusiness as National Airlines and Murray Air. By a DOT Notice dated February 25, the Murray Air d/b/atrade name was de-registered.
4 

### See: Orders 2004-11-6 (Murray Air interstate and foreign all-cargo charter certificate) (Dockets OST-03- 14320 & 14321); 2006-12-20 (National) (Docket OSt-2006-26610); 2011-7-15 (National interstate and foreign passenger charter certificate) (Docket OST-2010-0181 

### & 0215). Confrrming oral issuance ofeffective scheduled authority on November 10,2014.


### 3

### APPLICATION OF NATIONAL AIRLINES FOR AN OPEN SKIES CERTIFICATE 

## and data on file that support National Airlines' fitness.

6. Granting the blanket authority requested herein is inthe public interest and, like all certificated carriers awarded similar authority, will enable the carrier easily enter Open Skies markets as market opportunities may arise. The Open Skies certificate National Airlines seeks is consistent with similar blanket authority awarded numerous other U.S. air carriers since 2005. See: NOAT dated November 26,2014 (Docket DOT-OST-2014-0194- Northern Air Cargo Exemption Authority; Permit application in same docket deferred); DOT Order 2011-8-9 (American Eagle); DOT Order 2007-4-2 (American); DOT Order 2007-4-19 (United); DOT Order 2007-4-20 (USAirways); DOT Order 2007-4-17 (Delta); and DOT Orders 2007-7-3 (15 U.S. combination carriers) and 2007-7-4 (19 U.S. all-cargo carriers). New foreign scheduled combination and all-cargo service will add competition in "Open Skies" markets, and provide additional travel and shipping options for passengers and consumers. Further, National Airlines' application is consistent with both: (1) the policies outlined in the Department's 2007 Notice inviting all U.S. air carriers already certificated for foreign scheduled authority and interested in applying for blanket Open Skies authority; and (2) the "Open Skies" Agreements between the United States and each ofthe countries included inthe Department's List of"Open Skies" Agreements currently in force. 6



## 7. National Airlines holds insurance coverage which exceeds the Department's requirement. A copy ofNational Airlines' Certificate ofInsurance is attached at Exhibit NAT-1.

6 

### See: htt,p:/ /www


### .dot/gov/poIicy/aviation-policy/open-skies-agreements-being

-applied

. 

### 4

### APPLICATION OF NATIONAL AIRLINES FOR AN OPEN SKIES CERTIFICATE 

## 8. National Airlines has executed and filed in Docket DOT-OST-1995-236 a Warsaw Convention Liability Waiver (OST Form 4523), a copy ofwhich filing is attached at Exhibit NAT-2.

9. Issuance ofthe requested authority will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975 as defined in Part 313 ofthe Department's regulations. The grant ofthis Application will result in an increase in fuel consumption offewer than 10 million gallons. National Airlines has adequate fuel available for the services proposed.

WHEREFORE, National Air Cargo Group, Inc., d/b/aNational Airlines respectfully requests that the Department issue a Blanket "Open Skies" Certificate ofPublic Convenience and Necessity consistent with the Department's streamlined licensing procedures. National Airlines further requests any further or different reliefthe Department might deem necessary.

April21, 2015

5 

## R fspectfully submitted,
k ierre 

## urphy

# ~aw ffices ofPierre 

## Murphy

1200 New Hampshire Avenue, N.W. Suite 590 Washington, D.C. 20036 Telephone: (202) 776-3980 Facsimile: (202) 776-3975 Email: pmurphy@lopmurphy.com Attorney for National Air Cargo Group, Inc.

d/b/aNational Airlines

# EXHIBIT NAT-1AGENCY DISPLAY OF ESnMATED BURDEN The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you wish to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your comments to: U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400

### tt' St., SW., Washington, D.C. 20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of informat, ion unless it displays a valid OMB control number. Office ofthe Secretary ofTransportation NOTE: For information on where to file completed copies of this form, see FlUNG INSTRUCDONS below. OMB No. 21 06-0030 Expires 9-30-2007 U.S. AIR CARRIERS • CERTIFICATE OF INSURANCE POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, AFS-260, 800 Independence Ave., S.W. , Washington, D.C. 20591. (See EXCEPTIONS 1 and 2 below.)

EXCEPTION 1: If Block 2B on the reverse is filled In because the insured is a commuter air carrier. file a signed original of this form with the Department of Transportation, Air Carrier Fitness Division, X-56, 400 7th St., SW, Washington, DC 20590.

EXCEPTION 2:**For~** insured that is located in the State ofAlaska (regardless as to whether Block 2A, 28, or2C is filled in), file a signed original of this form with the Federal Aviation Administration, Alaskan Region Hq., AAL-230, 222 W. 7th Ave., #14, Anchorage, Alaska 99513. (Please type information, exceptsignatures.) THIS CERTIFIES THAT:

__**___,;:S:::..:e=.:=ec:..:A~ttt.:.=a:::c::.:.hed=..=Sc:.:h~e!::.:d~u=le:..:o::.f..:.:ln..::s:.:::u~re~rs=----------------------­** (Name of Insurer) has issued a policy or policies ofAircraft Uability Insurance to National Air Carao Grouo. Inc. DBA National Airlines 5955 TG Lee Blvd Suite 500. Orlando. Florida 32822 FAA Certificate Number U2RA944L (Name, address and FAA Certificate number of Insured U.S. Air Carrier) effective from September 1. 2014 until ten (1 0) days after written notice from the insurer orcarrier of the intent to terminate coverage is received by the Department of Transportation. NOTE: Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a date is unacceptable. 1. The Insurer (.Check One): 

## 181 licensed to issue aircraft insurance policies in the United States; D is licensed or approved by the government of to issue aircraft insurance policies; 

### or C is an approved surplus line insurer in the State(s) of Rorida 2. The insurer assumes, underthe policy or policies listed below, aircraft accident liability insured to minimums at least equal to the following during operation, maintenance, or use of aircraft In "air transportation" as that term is defined in 49 U.S.C. 40102. (.Complete applicable sectionfs) A. B. orC below): A. U.S. AIRTAXI OPERATORS WITH PART 298 AUTHORITY ONLY The aircraft covered by this policy are SMALLAIRCRAFT (i.e., with 60 orfewer passenger seats orwith a maximum payload capacity of 18,000 pounds or less). (.Comelete seoarate orcombinedcoverage as approoriateJ:

STForm6410 Separate Coverages: PolicvNo. Tvoe qtLiabilitv Bodily Injury Liability (Excluding Passengers) Passenger Bodily Injury

Property Damage Each person $ 75,000 $ 75,000 Minimum Limit Each Occurrence $300,000 $75,000 

### x75% of total numberof passenger seats instaJied in aircraft $100,000 Combined Coverage: The amount of coverage set forth below is a single limit of liability for each occurrence at least equal tothe required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.**P~iqvN4 ,**  __________________________ _____ Amount of Coverage.

________________ _ This policy covers CARGO operations onlyand excludes passenger liability insurance.**~** B. U.!l. COMMUTER AIR CARRIERS 

### QB CERTIFICATED AIR CARRIERS OPERATING SMALL AIRCRAFT The aircraft covered by this policy are SMALL AIRCRAFT (I.e., with 60 or fewer passenger seats or with a maximum payload capacity of 18,000 pounds or less). (Complete seoarate orcombinedcoverage

# as approDriateJ: Separate Coverages: PolicvNo. 

### Type ofLiabi/itv Combined Bodily Injury (Excluding Passengers other than cargo attendants) and Property Damage Liability Passenger Bodily Injury Minimum Umit 

### Eacbperson

$300,000 

### $300,000 Escb Occuuence $2,000,000 $300,000 x 75% of total number of passenger seats installed in aircraft Combined Coverage: The amount of coverage set forth below is 

### a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. PolicyNo. Amount of Coverage------- This policy covers CARGO operations onlyand excludes passenger liability Insurance. C. U.S. CERTIFICATED AIR CARRIERS OPERATING LARGE AIRCRAFT The aircraft covered by this policy are LARGE AIRCRAFT (I.e., with more than 60 passenger seats 

### orwith 

### amuim'tlm paytoad capacity of more than 18,000 pounds). (Comolete separate orcombinedcovemqe as BPDfoorlate): Separate Coverages: PolleyNo. Tvpe ofL!abilitv Combined Bodily Injury (Excluding Passengers other than cargo attendants) and Property Damage Liability Passenger Bodily Injury Minimum



# ~mit Escboerson Each Occuueace
$300,000$300,000 $20,000,000 $300,000 

### x75% of total number of passenger seats installed in aircraft [XI Combined Coverage: The amount of coverage set forth below is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury {excluding passengers), property damage, and passenger bodily injury. PolicyNo. See Attached Schedule Amount of Coverage Combined Single Limit: B747's S1.QQQ.OOO.OOQIB7STa S75Q

.QQQ.QQQ This policy covers CARGO operations onlyand excludes passenger liability Insurance. 3. The policy or policies listed in this certificate insure{s) (.Check Onet. Make and Model 

### FAA or FOf'eign 

### Rag Regjstratjon No. Operations conducted with all aircraft operated by the insured Operations conducted with the following types of aircraft: 00 Operations with the following aircraft: Two (2) B757's N176CA and N567CA, Two {2) B747's N952CA, N919CA 4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205

. 

### • See Attached Schedule of Insurers Marsh &Mchennan Comoanies (Name ofInsurer) (Name ofBroker, ifapplicable) 500 Dallas street: Suite 1500 (Address) (Address) Houston. TX 77(]02 (City, State, Zip Code) (City, State, Zip Code) JenniferGrove Vice President Contact(person who can verify the effectiveness ofthe coverage) (Officerorauthorizedrepresentative) 713-276-8314 I (Area Code, Phone Number) (Area Code, Fax Number) (Area Code, Phone Number) (Ares 'ode, Fax Number) 

## c:r>-L-- (Signature, ifapplicable) Januarv22. 2015 (Date) (Date)

### National Air Cargo Holdings, Inc., National Air Cargo Group, Inc., National Air Cargo (Deutschland) GMbh, National Air Cargo Group, Inc. DBA National Airlines, National Air Cargo Middle East FZE



### Aircraft Hull (ground, taxiing and fl ight risks) insurance, Aircraft Spare parts Insurance, Ai rline liability insurance September 1, 201 4 to Decem ber 1, 2015
INSURER/ADDRESS POLICY NUMBE R QUOTA SHARE Commerce &Industry Insurance Company through AIG Aerospace, Inc. AI 1857931-08 15% 1175 Peachtree Street NE, 100 Colony Square Suite 1000 Atlanta, Georgia 30361 One or more member companies of Global Aerospace (each for their own part and not one for the other) 337290/14 5% through Global Aerospace Global Aerospace 1 Sylvan Way Parsippany, NJ 07054 Various Lloyds of London Syndicates, British Insurance Companies and Others (each for their own part AC081414 35.5% and not one for the other) through Marsh, Ltd, Aviation Marsh London Tower Place London EC3R 5BU XL Specialty Insurance Company through XL Aerospace UA00002246AV14A 9% One World Financial Center 200 Liberty Street.

**3«~** Floor NewYork, NY 10281 North American Elite Insurance Company 13% 650 Elm Street FG1000015-03 Manchester, NH 03101-2524 StarNet Insurance Company c/o Berkley Aviation (a WR Berkley Company) BA-14-09-00037 5% 1101 Anacapa Street, Suite 200 Santa Barbara, CA 93101 Starr Surplus Lines Insurance Company through Starr Aviation Agency, Inc. SASLAMR63614214-03 15.5% 3353 Peachtree Street NESte 1000 Atlanta GA 30326 lronshore Specialty Insurance Company through Starr Aviation Agency, Inc. IHM100062-05 2% 3353 Peachtree Street NESte 1000 Atlanta GA 30326 TOTAL: 100% SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and is limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any cosubscribing insurerwho for any reason does not satisfy all or part of its obligations. LSW 1001 (Insurance)

# .MARSH National Air Cargo Holdings, Inc., National Air Cargo Group, Inc., National Air Cargo (Deutschland) GMbh , National Air Cargo Group, Inc. DBA National Airlines, National Air Cargo Middle East FZE

INSURER/ADDRESS XL Specialty Insurance Company through XL Aerospace One World Financial Center 200 Liberty Street, 3rd Floor New York, NY 10281 

### Aircraft hull deductible insurance 

### December 1, 2014 to December 1, 2015 POLICY NUMBER UA00005062AV14A

SEVERAL LIABILITY NOTICE QUOTA SHARE 100%

The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and is limited solely to the extent of their individual subscriptions

. The subscribing insurers are not responsible for the subscription of any cosubscribing insurer who for any reason does not satisfy all or part of its obligations

. LSW 1001 (Insurance)

INSURER/ADDRESS Various Lloyds of London Syndicates, 

### Airline hull (including spares) war insurance 

### December 1, 2014 to December 1, 2015 POLICY NUMBER AC081514 British Insurance Companies and Others (each for their own part and not one for the other) through Marsh, Ltd, Aviation Marsh London Tower Place London EC3R 5BU SEVERAL LIABILITY NOTICE QUOTA SHARE 100%

The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and is limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any cosubscribing insurer who for any reason does not satisfy all or part of its obligations

. LSW 1001 (Insurance) 

### Aviation war, hijacking and other perils liability insurance eptem er 

### ' 

# s b 1 2

### 014 to December 1, 2015 INSURER/ADDRESS POLICY NUMBER QUOTA SHARE Various Lloyds of London Syndicates, AC081614 100% British Insurance Companies and Others (each for their own part and not one for the other) through Marsh, Ltd, Aviation Marsh London Tower Place London EC3R 5BU SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint alis limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription f any cosubscribing insurer who for any reason does not satisfy all or part of its obligations. LSW 1001 (Insurance) i

I

# EXHIBIT NAT-2LAW OFFICES 

# PIERRE MURPHY SUITE 590 1200 NEW HAMPSHIRE AVENUE, NW WASHINGTON, D.C. 20036
TELEPHONE: (202) 776-3980 TELECOPIER: (202) 776-3975 

## April 7, 2015


## VIA ELECTRONIC SUBMISSION Dockets OST-95-236 Dockets Facility U.S. Department ofTransportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 E-MAIL: pmurphy@lopmurphy.com



## Re: National Air Cargo Group, Inc., d/b/aNational Airlines Form OST-4523 (Warsaw Waiver); Docket OST-95-236 Dear Ms. Hairston: OnbehalfofNational Air Cargo Group, Inc., d/b/aNational Airlines ("National") we respectfully submit the attached three copies ofthe executed OST Form 4523. Should you have any question orcomment, please do not hesitate to contact me.

cc: Edward M. Davidson (National) (via email) ierr urphy Attorney for National Air Cargo Group, Inc., d/b/a National Airlines**.** -·--·-·**-· ··-·-**  

### U.S. Department 

### ofTransportation Office ofthe Secretary ofTransportation 

### Docket OST 95-236 

# AGREEMENT
The undersigned carriers (hereinafter referred to as "the Carriers•) hereby agree as follows: 1

. Each ofthe Carriers shall, effective May 16, 1966, include the folla'Mng in its conditions ofcarriage, induding tariffs embodying conditions ofcarriage filed by it with any government · "The Carrier shall avail 

### itselfofthe limitation of liability provided In the Convention for the Unification 

### ofCertain Rules Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided In the said Convention as amended by the Protocol signed at The Hague September 28th, 1955. However, in accordance 

### with Article 22(1) ofsaid Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all intemational transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract ofCarriage, indudes a point in 

### the United States ofAmerica as a point oforigin, point ofdestination, or agreed stopping place (1) The limit ofliabilityfor·each passenger for death, wounding, 

### or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, In case ofa claim brought in a State where provision ts made for separate award of legal fees and 

### costs, the limit shall be 

### the sum of US $58,000 exclusive oflegal fees and 

### costs. (2) The Carrier shall not, 

### v.«h 

### respect to any daim arising out ofthe death, wounding, or other bodily injury ofa passenger, avail itself ofany defense under Article 20(1) ofsaid Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed 

### to affect the rights and liabilities ofthe Carrier 

### with regard to any claim brought by, on behalf of, or in respect ofany person who has willfully caused damage which resulted In death, \WUndlng, orother bodUy Injury of a passenger.• 2. Each Carrier shall, atthe time ofdelivery ofthe ticket, furnish to each passengerwhose transportation is governed bythe Convention, orthe Convention as amended by the Hague Protocol, and by the special 

### contract described in paragraph 1, the following notice, which shall be printed in type at least as large as 10 point modem type and In ink contrasting 

### with the stock on (i) each ticket; (ii) a piece ofpaper either placed in the ticket envelope 

### with the ticket or attached to the ticket; or (iii) on the ticket envelope: •ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajourney Involving an ultimate destination or a stop in a country other than the country oforigin 

### are advised that the provisions ofa treaty known as the Warsaw Convention may be applicable to the entire

### journey, including any portion entirelywithin the country oforigin or destination. For such passengers on ajourney

### to, from, orwith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide that the liability of [certain ]* [(name ofcarrier) and certain other) carriers parties to such special contracts for death ofor personal injury

### to passengers is limited in most cases 

### to proven damages notto exceed US $75,000 perpassenger, and that this liability up 

### to such limit shall not depend on negligence on 

### the part ofthe carrier. For such passengers traveling by a carrier not a party

### to such special contracts or on ajourney not

### to, from, or having an agreed stopping place In the United States 

### ofAmerica, liability ofthe carrierfor death or personal injury to passengers is limited in most cases to approximately US $10,000 

### or US $20,000. The names ofCarriers parties to such special contracts are available at all ticket offices of' SUch carriers and may be examined on request Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability underthe Warsaw Convention 

### or such special contracts ofcarriage. For further infonnation please consult your airline or insurance company representative: 

### 3. [This Agreement was flied 

### with the Civil Aeronautics Board ofthe United States. The**Board** approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility of

### the Department ofTransportation (DOT) by operation oflaw.] 4. This Agreement may be signed in any number ofcounterparts, all ofwhich shall constitute**one** Agreement. Any Carrier may become a partyto this Agreement by signing a counterpart hereof and depositing it 

### with DOT. 5. Any Carrier party hereto may withdraw from this Agreement by giving 

### twelve (12) month Z ' 

### tten notice at

### withdrawal to DOT and the other Carriers parties to the Agreement**~** (Signature and Data)**~** 2015 APR 07 *Eitheralternative maybe used. " • . (Printed Name and TIUe) 

### Edward M. Davtdson, Prcstdent

OST Fonn 4523 (FonnertyCAB Fonn 283) (Name and Address ofCarrier)

___ 

### N_a_t_io_n_a_I A_ir_C_ar_g_o_G_r_o_up_,_In_c._,

---- d/b/a National Airlines 5955 T. G. Lee Blvd 

## Suite 500 Orlando, FL 32822

### ft
- . -·-----**~- -a** **--·~** 

### U.S. Department ofTransportation Office ofthe Secretary ofTransportation 

### Docket OST 95-236 

# AGREEMENT
The undersigned carriers (hereinafter referred to as "the Carriers•) hereby agree as follows: 1. Each ofthe Carriers shall, effective May 16, 1966, include the following in its conditions ofcarriage, including tariffs embodying conditions ofcarnage filed by itwith any government: "The Carrier shall avail itself ofthe limitation 

### ofliability provided In the Convention for the Unification of Certain Rules Relating 

### to International Carriage by Air signed at Warsaw October 12th, 1929, or provided In the said Convention as amended by the Protocol signed at The Hague September 28th, 1955. However, In accordance with Article 22(1) of said Convention. or said Convention as amended by said Protocol, the Carrier agrees that, as to all intemational transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract ofCarriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, oragreed stopping place (1) The limit of liabilityfor each passengerfor death, wounding, or other bodily injury shan be 

### the sum 

### of US $75,000 inclusive of legal fees and costs, except that, in case ofa claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be 

### the sum of US $58,000 exclusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, or other bodily injury of a passenger, avail itself of any defense underArticle 20(1) of 

### said Convention or said Convention as amended by said Protocol

. Nothing herein shall be 

### deemed to affect the rights and liabilities ofthe Carrier with regard 

### to any claim brought by, on behalf of, or In respect 

### ofany person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger.• 2. Each Carner shall, at the time of delivery ofthe ticket. fumish to each passenger whose transportation is governed bythe Convention, orthe Convention as amended by the Hague Protocol, and by the special contract desaibed In paragraph 1, the following notice, which shall be printed in 

### type at least as large as 1 0 point modem type 

### and in ink contrasting with the stock 

### on (i) each ticket; (ii) 

### a piece 

### ofpaper either placed in the ticket envelope with the ticket or attached to the ticket; or (iii) 

### on the ticket envelope: "'ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajoumey lnvoMng an ultimate destination or a stop in a country other than the country oforigin are advised that the provisions of atreaty knoYII'l as the Warsaw Convention may be applicable to the entirejourney. including any portion entirelywithin the country oforigin or destination. For such passengers on ajourneyto, from, 

### orwith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide that the liability of [certain ]* 

### [(name ofcarrier) and certain other] earners parties to such special contracts for death of

### or personal injury

### to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a party to such special contracts or on ajourney not

### to, from, or having an agreed stopping place in the United States ofAmerica. liability ofthe 

### carrierfor death or personal injury

### to passengers is limited in most cases to approximately US $10,000 or US $20,000

. The names ofCarriers parties to such special contracts are available at all ticket offices ofsuch earners and may be 

### examined on request Additional protection can usually be 

### obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability under the Warsaw Convention orsuch special contracts ofcarriage. Forfurther infonnation please consult your airtine or insurance company representative

. • 3. [This Agreement was filed 

### with the Civil Aeronautics Board ofthe United States. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 4. This Agreement may be 

### signed in any number ofcounterparts, all ofwhich shall constitute one Agreement. Any Carner may become a partyto this Agreement by signing a counterpart hereofand depositing It with DOT

.. 5. Any Carrier party hereto may**'~Athdraw**

### from this Agreement by giving twelve (12)**on·** 

### · n notice 

### of\\Uhdrawal to DOT and the other Carriers parties to the Agreement. 

### t:::7 (Signature and Date)**~** 2015 APR 07 *Either alternative may be used. > . .

OST Fonn 4523 (FonnerlyCAB Form 263) (Printed Name and Title) 

### Edward M. Davidson, President National Air Cargo Group, Inc., (Name and Address of Carrier)
------------------ 

### d/b/aNational Airlines 

### 5955 T. G. Lee Blvd 

## Suite 500 Orlando, FL 32822

### lA
- . -------**-------** 

### U.S. Department ofTransportation Office ofthe Secretary ofTransportation 

### Docket OST 95·236 

# AGREEMENT
The undersigned carriers (hereinafter referred to as "the Carriers•) hereby agree as follows: 1

. Each ofthe Carriers shall, effective May 16, 1966, include the follo'Ning in its conditions ofcarriage, including tariffs embodying conditions ofcarriage filed by it 'Nith any government: · "The Carrier shall avail itself ofthe limitation 

### ofliability provided In the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed at The Hague September 28th, 1955. However, in accordance 'Nith Article 22(1) ofsaid Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract of Carriage, includes a point in the United States ofAmerica as a point oforigin, point ofdestination, or agreed stopping place (1) The limit ofliabilityfor each passenger for death, wounding, or other bodily injury shall bethe sum 

### of US $75,000 inclusive oflegal fees and costs, exceptthat, In case ofa claim brought in a State \\ttere provision is made for separate award oflegal fees and costs, the limit shall bethe sum of US $58,000 exclusive oflegal fees and costs. (2) The Carrier shall not, 'Nith respect to any claim arising out ofthe death, wounding, or other bodily injury ofa passenger, avail itself of any defense underArticle 20(1) ofsaid Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities ofthe Carrier 'Nith regard 

### to any claim brought by, on behalf of, or In respect ofany person \\tao has 'Nillfully caused damage \\ttich resulted in death, wounding, or other bodily injury ofa passenger.• 2. Each Carrier shall, at the time ofdelivery ofthe ticket, furnish to each passenger\\ttose transportation is governed bythe Convention, orthe Convention as amended by the Hague Protocol, and by the special contract described in paragraph 1, the follo'Ning notice, which shall be printed in type at least as large as 10 point modem type and in ink contrasting with the stock on (i) each ticket; (ii) a piece ofpaper either placed in the ticket envelope with the ticket or attached 

### to the ticket; or (iii) on the ticket envelope: "'ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajourney lnvoMng an ultimate destination or a stop in a country other than the country oforigin are advised that the provisions ofa treaty kno\ft/1'1 as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country oforigin or destination. For such passengers on ajourneyto, from, or 'Nith an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide thatthe liability 

### of [certain ]* [(name ofcarrier) and certain other] carriers parties to such special contracts for death ofor personal injury to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a partyto such special contracts or on ajoumey not to, 

### from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrierfor death or personal injury

### to passengers is limited in most cases to approximately US $10,000 or US $20,000

. The names ofCarriers parties to such special contracts are available at all ticket offices ofsuch carriers and may be examined on request Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation ofthe carrier's liability underthe Warsaw Convention orsuch special contracts ofcarriage. Forfurther infonnation please consult your airline or insurance company representative: 3. [This Agreement was filed 'Nith the Civil Aeronautics Board ofthe United States. The Board approved it by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation oflaw.] 4. This Agreement may be signed in any number ofcounterparts, all of\\ttich shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereofand depositing itwith DOT. 5. Any Carrier party hereto may 'Nithdrawfrom this Agreement by giving twelve**(12) months'**  'tten notice 

### ofv.flhdrawal 

### to DOT and the other Carriers parties 

### to the Agreement (Signature and Date) 2015 APR 07 *Either attematlve maybe used. '

OST Fonn 4523 (FonnertyCAB Fonn 263) {Printed Name and Title) 

### Edward M. Davidson, President {Name and Address ofCarrier)

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### N_a_t_io_n_a_I_A_i_r_C_ar_go_G_r:_o_u_P_~ In_c_.,

____ _ 

### d/b/a National Airlines 5955 T. G. Lee Blvd 

## Suite 500 Orlando, FL 32822

### Regulations.gov

- YourReceipt Page 1 of2 

# regulations.go

# V Your co:m.:m.ent was sub:m.itted successfullyl

The 

### Department ofTransportation (DOT) Other: 

### Counterpart to Warsaw Agreement (Vols. 1 thru 11) For related information, 

### Open Docket Folder 

## 't£1 

# 0 YourReceipt

Your CommentTracking Number: 1jz·8i5v-a40n 

### Your commentmay be viewable on Regulations.gov once the agency has reviewedit. Thisprocess is dependent on agencypublicsubmission policies/procedures andprocessing times. Use your tracking number to find outthe status of yourcomment.


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# Email Receipt ]

Your comment: 

## Comment: National Air Cargo Group, Inc., d/b/a National Airlines Form OST-4523 (Warsaw Waiver) 

## Uploaded File(s) (Optional) 

## • Warsaw Filing.pdf: 

## success

This information will 

### appear on Regulations

.gov: 

## First Name: City: Pierre Washington 

## Last Name: Country: Murphy United States

http://www.regulations.gov/ This information will 

### not appear on Regulations.gov: 

## Email Address: pmurphy@lop murphy.com 

## Phone Number:

4/7/2015

## Regulations.gov

- Your Receipt Page 2 of2 

## Mailing State or 202-776-3980 

## Address: Province: Law Offices of 

# DC Fax Number: Pierre Murphy 202-776-3975 

## ZIP/Postal

- 

## Mailing Code:
- - - 

## Address 2: - 

## 20036 -



## - -



## - 1200 New -


## -
-

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## Hampshire

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## -

- Avenue , NW, -
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## Suite 590

http://www.regulations.gov / 4/7/2015

## Certificate ofSenrice I hereby certify that on April21, 2015 a copy ofthe foregoing Application ofNational Airlines was served via email onthe persons listed below.

Robert Silverberg (ABX & ATI) David Heffernan (Alaska) Robert Wirick (American!USAirways) John Richardson (Amerijet) Joan Canny (Amerijet) Russell Pommer (Atlas) John Mietus (Centurion & Sky Lease) Alexander Vander Bellen (Delta) Chris Walker (Delta) Nancy Sparks (Federal Express) John Maloney (Florida West) Martin Gitlitz (Florida West) Stephen Lachter (Frontier) Charles Donley (Horizon) Jonathan Hill (JetBlue) Parker Erkmann (JetBlue) Mark Atwood (Kalitta) Kevin Montgomery (Polar) Robert Cohn (Republic) Gerald Murphy (Skywest & ExpressJet) Aaron Goerlich (Southern Air) Robert Kneisley (Southwest) Leslie Abbott (Southwest) Joanne Young (Spirit) Thomas Ting (SunCountry) Dan Weiss (United/Continental) Steve Morrissey (United/Continental) AnitaMosner (UPS) JenniferNowak (UPS)

# ~~~P-k.sL Kristin K. Leake rsilverberg@sgbdc.com dheffernan@cozen.com robert.wirick@aa.com jrichardson@johnlrichardson.com jcanny@amerijet.com rpommer@atlasair.com john@mietuslaw.com sascha.vanderbellen@delta.com chris.walker@delta.com nssparks@fedex.com jmaloney@fwia.com magitlitz@fwia.com slachter@cozen.com charles.donely@squiresanders.com jhill@cooley.com perkmann@cooley.com matwood@cozen.com kevin.montgomery@polaraircargo.com robert.cohn@hoganlovells.com gmurphy@crowell.com agoerlich@ggh-airlaw.com bob.kneisley@wnco.com leslie.abbott@wnco.com jyoung@yklaw.com thomas.ting@suncountry.com dan.weiss@united.com steve.morrissey@united.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com