BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------
: Application of :

: GAINJET AVIATION S

. A

. : Docket DOT

- OST

- 2013

-

_____ : for an exemption pursuant to 49 U.S.C. § 40109 : and a foreign air carrier permit pursuant to : 49 U.S.C. § 41301 (U.S

. - E U Open Skies Authority) :

:

------------------------------------------------------------------------

APPLICATIO N OF GAINJET AVIATION S

. A

. FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be sent to:

Capt. Ramsey Shaban President GAINJET AVIATION S.A. Andreas Papandreou 108 16561 Glyfada Athens, Greece

March 19 , 201 3 Gerald F. Murphy Steven J. Seiden CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 624

- 2500 gmurphy @crowell.com sseiden @crowell.com

Counsel for GainJet Aviation S.A.

Notice: Any person who wishes to support or oppose this application may file an answer and serve it on counsel for GainJet Aviation S

. A. Answers to the exemption application are due by April 3 , 201 3 , and answers to the permit application are due by April 9 , 201 3

.BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------
: Application of :

: GAINJET AVIATION S

. A

. : Docket DOT

- OST

- 2013

-

____ : for an exemption pursuant to 49 U.S.C. § 40109 : and a foreign air carrier permit pursuant to : 49 U.S.C. § 41301 (U.S.

- E U Open Skies Authority) :

:

---------------------------------------------------------------------- --

APPLICATION OF GAINJET AVIATION S.A. FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

GainJet Aviation S.A. (“ GainJet ”) applies pursuant to 49 U.S.C. §§ 40109, 41301 and

41302, Subparts B and C of the Department’s Rules of Practice, the U.S.

- EU Reciprocal

Recognition Procedures, 1 and the Streamlined Licensing Procedures 2 for an exemption and a

foreign air carrier permit authorizing GainJet to engage in charter foreign air transportation of

persons, property and mail to and from points in the United States to the full extent permitted

by its homeland operating authority and the United States

- European Union Air Transport

Agreement of April 2007 (“U.S.

- EU Agreement”), as well as other charters pursuant to the

1 See DOT Notice, “Application Procedures for Foreign Air Carriers of the European Union,” dated February 19, 2009.

2 See DOT Notice s in Docket DOT

- OST

- 2005

- 22228, dated August 23, 2005 and May 3, 2007 . GainJet requests that the Department grant this application under the show

- cause procedures described in its February 19, 2009 n otice by issuing a single o rder ( 1 ) granting the exemption authority descr ibed in this application for a period of two years, or until the effective date of GainJet’s foreign air carrier permit , whichever occurs first, and (2 ) tentatively awarding the foreign air carrier permit. As soon as possible thereafter, GainJet requests that the Department issue a final o rder issuing GainJet its U.S.

- EU open

- skies foreign air carrier permit for a period of indefinite duration.Application of GainJet Aviation S

. A

.

March 19 , 2013 Page 2

prior approval requirements set forth in Part 212 of the Department’s regulations, as more

fully described below

. GainJet requests expedited processing of this application to allow it to

begin the proposed services a s soon as possible. The authority sought herein will result in

increased travel choices, greater service options, and enhanced competition, thereby

benefiting consumers in both the United States and Member States of the European Union.

GainJet is a ch arter carrier based in Athens, G reece , having commenced service i n

April 2006 after obtaining an Air Operator Certificate and Operations Specifications issued

by Greece’s He llenic Civil Aviation Authority authorizing GainJet to engage in worldwide

charter air transportation of passengers and cargo . GainJet currently offers worldwide charter

service using Boeing B737/ B757, G ulfstream G450/ G550 and Bombardier BD

- 700 aircraft,

and it has plans to expand its charter offerings in the future to include additional e quipment

. In order to meet the global travel requirements of its charter customers, GainJet desires to

offer charter flights to and from the United States to the full ext ent permitted to air carriers

from EU Member States under the U.S.

- EU Agreement.

In support of its application, GainJet submits the following information :

1. The applicant’s full name is GainJet Aviation S.A. Its principal place of

business is located at Andrea s Papandreou 108

, 16561 G lyfada, Athens, Greece. 14 C.F.R. §

211.20(a)

.

2. GainJet requests issuance of an exemption and a foreign air carrier permit

authorizing it to engage in the following :

 f oreign charter air transportation of persons, prope rty and mail 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;

 foreign charter air transportation of pers ons, property and mail between any point

or points in the United States and any point or points in any member of theApplication of GainJet Aviation S

. A

.

March 19 , 2013 Page 3

E uropean Common Aviation Area;

 foreign charter air transportation of cargo between any point or points in the United States and any other point or point s;

 other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s regulations ; and

 charter transportation authorized by any additional route rights or made available to European Union carriers in the fu ture.

14 C.F.R. § 211.20(c)

.

3. GainJet’s Operating License and Air Operator Certificate (AOC) from the

Hellenic Civil Aviation Authority (HCAA) 3 are attached hereto as Exhibit A

. 14 C.F.R. §

211.20(b) and (i).

4. GainJet’s insurance meets the minimum requirements specified in 14 C.F.R.

Part 205. A copy of OST Form 6411, Foreign Air Carriers

– Certificate of Insurance is

attached hereto as Exhibit B

. 14 C.F.R. § 211.20(h).

5. A copy of OST Form 4523, Waiver of Warsaw Convention Liability Limits, is

attached hereto as Exhibit C and has also been filed in Docket DOT

- OST

- 1995

- 236. 14

C.F.R. § 211.20(t).

6. GainJet has developed a plan to address the needs of families of passengers

involved in foreign air carrier accidents under 49 U.S.C. § 41313. This plan will be filed

with the National Transportation Safety Board and in Docket DOT

- OST

- 1998

- 3304.

7. In accordance with 14 C.F.R. § 243.13, GainJet will file a brief statement in

Docket DOT

- OST

- 1998

- 3305 summarizing how it wil l collect the required passenger

3 The principal address of HCAA is 1, Vasileos Georgiou Av., HELLINIKO T.K. 160604, Greece.SUPPORTING EXHIBITS

Exhibit A Operating License and Air Operator Certificate

Exhibit B OST Form 6411

Exhibit C OST Form 4523

Exhibit D Verification Statement

## EXHIBIT A

OPERATING LICENSE AND AIR OPERATOR CERTIFICATE

## AIR OPERA TOR CERTIFICAΤΕ

Types of operation: 

# 0 0 Comn"rciaI air IransporI (CA Τ) Passengers Cargo



### HELLENIC REPUBLIC

HELLENIC CΙνIΙνΙΑΤΙΟΝ 

# -eAUTHOH.ITY

AOC NUI\IBER "GAIN JETνΙΑ ΤΙΟΝ" Operdtional PoinIS of ConIacI: Telephone: +302109636101 GR- 024 Address: Andrea I'apandreou 108 Fax: +30 210 9636845 GI)'fada, Aιtica, E-maiI: info@gainjetcom
[, 16561, Greece. Coηtact deιails, a1 which operationaI Expiry Date: 17.07.20]4 TeIephone: +30 210 9636101 management can bc contacted

Fax: +30 210 9636845 wjthout undue deIay, are Iistedίπ E-mail: info@gainjetcom 01\1 parI (Ι.

Ι. 3. 6)Οη behaIfofthe HELLENIC REPUBLIC Member ofthe Europeanυηίοη and Ηοllοηίο CΊνίΙ Aviation Authority
It

ί. hereby certified that "GAIN ,JETνΙΑ ΙΊΟΝ" has satisfied Certification requiren1l-nts prescribed in tlle ComIDission Regulations (EC)Νο 1008/08, (EC) 2042/03 and (EC) 3922/91 Annex 111 and/or 1'0 64/2012 (JAR-OPS 3)ίη the cuπenΙ version and 1135 been found competent 10 conduct CommercialΑίΓ Operatioηs as defined in the attached Operations Specifications andίη accordance with the operations manual. This certificate ί:;; π01 transferabIe and rcInains in force uom the date ofissueιίΙΙ the date of expiry unlessίι is varied, suspendedΟΓ revoked.

Issucd at: Athcns, Greece

Revision: 16 F. PapadimiIropoulou HCAA Governor

Date of issuc: \"2- Dec.20]2OPERATIONS SPECIFICATIONS
Attached 10 AIR OI'ERATOR CERTIFICATE (subjectΙο the approved conditionsίη the operations manual)

HELLENIC CIVILΑΥΙΑΤΙΟΝ AUTHORITY CONTACT OETAILS Telephone: +30210 9973019 Fax: +302ΙΟ 9973060 E-mail: d2c@)IIcaa.~r

AOC: GR-02~ "GAIN JET AVIATION"

ΟοΙο: 06. Oec.20 12 Operalions Specifications: G R-02~/OS-0 J

Aircraft ~lodeI(s) and Registration l\Iark(s):

8757-200 (SX-RF Α), 8737-300 (SX-MTF, SX-VIP), G-I50 (SX-GA8), G-550 (SX-GJJ), 8D-700 (SX-GJN)

Comnlcrcial oJIerations: []CAT

r\rea of operation: 70Ν 180\V, 70Ν 180Ε, 70S I~E, 70S 180\V. 

## •.•.•.

Special ιimitations:ΝΟΝΕ ,
Specifίc AIJIJrovals •• .•Να •. Specifίcation" Remarks DangeroIls Goo(ls 

## []

Lo,,' VisibiIity Operdtions

Approach ao(1 Landing 

## [] CATI R"R: 550

π, DII: 200 ft .-\ΙΙ aircrdft



## [] CATιι R\'R: 300

### ΠΊ DII: 10~ ft ΟπlΥ 8-757 

## [] CATΙΙΙΛ 

### , 

## [] CAT 1118

Take-orr 

## [] RVR 150 mΑΙΙ aircrdrι



## [] 4-. RVSMΝΙΑΑΙλ ... aircrnft

ETOPSΝΙΑ 

## [] ΜΑΧIΜυΜ DIVERSIONΤιΜΕ 180 mins 8-757, G-~5OΙ550

Navigation sJIecifίcations (στΡΒΝ 

## [] BRNA\'. RNPIOΙΙ aircr.tft Operdt;ons PRNAV 8-757, G-~50f550

Minimum navigation performance 

## [] εχceΡt Β-737 specifίcation

Cabin CΓe\\' traiuing 

## []

Issue of CC attestation 

## []

ContinIIing ain\'or1hiness 

## [] ΕΙ.~ΙG 0020

Others: E.F.8 

## [] CΙo"ΙΠΥΡΟ 8

The Direclor of FIi~hl StanIlards

## EXHIBIT B

OST FORM 6411

## EXHIBIT C

OST FORM 4523

## EXHIBIT D

VERIFICATION STATEMENT