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.-EU Open Skies Authority) :

:

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

APPLICATION 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, 2013

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, 2013, and answers to the permit application are due by April 9, 2013.
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.-EU 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,1and the Streamlined Licensing Procedures2for 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 Notices 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 notice by issuing a single order (1) 

granting the exemption authority described 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 order 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 as 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 charter carrier based in Athens, Greece, having commenced service in 

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

by Greece’s Hellenic 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, Gulfstream G450/G550 and Bombardier BD-700 aircraft, 

and it has plans to expand its charter offerings in the future to include additional equipment. 

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 extent 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 Andreas Papandreou 108, 16561 Glyfada, 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:

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

or points in the United States and any point or points in any member of the 
Application of GainJet Aviation S.A.

March 19, 2013

Page 3

European Common Aviation Area;

 foreign charter air transportation of cargo between any point or points in the 

United States and any other point or points;

 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 future.

14 C.F.R. § 211.20(c). 

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

Hellenic Civil Aviation Authority (HCAA)3are 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 will 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 CERTIFICA ΤΕ

Types of operation:

Comn"rciaI air IransporI (CAΤ) 0 Passengers 0 Cargo

HELLENIC REPUBLIC

HELLENIC

AUTHOH.ITY

CΙνIΙ νΙΑ ΤΙΟΝ -eAOC NUI\IBER "GAIN JET νΙΑ 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 Iisted ίπ

E-mail: info@gainjetcom 01\1 parI (Ι. Ι. 3. 6)

Οη behaIfofthe HELLENIC REPUBLIC Member ofthe European υηίοη

and Ηοllοηίο CΊνίΙ Aviation Authority

It ί.hereby certified that "GAIN ,JET νΙΑ ΙΊΟΝ" has satisfied Certification requiren1l-nts prescribed in tlle

ComIDission Regulations (EC) Νο 1008/08, (EC) 2042/03 and (EC) 3922/91 Annex 111and/or 1'0 64/2012 (JAR-OPS 3)

ίη the cuπenΙ version and 1135been found competent 10conduct Commercial ΑίΓ Operatioηs as defined in the attached

Operations Specifications and ίη accordance with the operations manual.

This certificate ί:;; π01 transferabIe and rcInains in force uom the date ofissue ιίΙΙ the date of expiry unless ίι is varied,

suspended ΟΓ revoked.

Issucd at: Athcns, Greece

Revision: 16 F. PapadimiIropoulou

HCAA Governor

Date of issuc: \"2- Dec.20]2
OPERATIONS SPECIFICATIONS

Attached 10 AIR OI'ERATOR CERTIFICATE

(subject Ιο the approved conditions ίη the operations manual)

HELLENIC CIVIL ΑΥΙΑΤΙΟΝ AUTHORITY CONTACT OETAILS

Telephone: +30210 9973019 Fax: +302 ΙΟ 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

[] CAT ιι R\'R: 300 ΠΊ DII: 10~ft ΟπlΥ 8-757

[] CAT ΙΙΙΛ ,

[] CAT 1118

Take-orr [] RVR 150m ΑΙΙ aircrdrι

[] RVSM ΝΙΑ 4-. ΑΙλ ...aircrnft

ETOPS ΝΙΑ [] ΜΑΧIΜυΜ DIVERSION ΤιΜΕ 180mins 8-757, G-~5OΙ550

Navigation sJIecifίcations (στ ΡΒΝ [] BRNA\'. RNPIO ΙΙ 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
19