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BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

TRIAIR (BERMUDA) LIMITED 

for an exemption pursuant to 49 U.S.C. § 40109 

and a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 (EU-U.S. open-skies) 

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Docket DOT-OST-2002-11966 

APPLICATION OF TRIAIR (BERMUDA) LIMITED 

FOR AN EXEMPTION AND AN AMENDED FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to: 

 Sheryl R. Israel 

HOGAN LOVELLS US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, DC 20004 

Telephone: +1 202 637 8898 

Facsimile: +1 866 728 1992 

E-mail: sheryl.israel@hoganlovells.com 

Counsel for 

TRIAIR (BERMUDA) LIMITED

May 19, 2011 

NOTICE: Any person may support or oppose this application by filing an answer 

and serving a copy of that answer on counsel for Triair (Bermuda) 

Limited and all persons served with this application. Answers to the 

exemption request are due June 3, 2011, and answers to the permit 

request are due June 9, 2011. 
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BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

TRIAIR (BERMUDA) LIMITED 

for an exemption pursuant to 49 U.S.C. § 40109 

and a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 (EU-U.S. open-skies) 

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)

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Docket DOT-OST-2002-11966 

May 19, 2011 

APPLICATION OF TRIAIR (BERMUDA) LIMITED 

FOR AN EXEMPTION AND AN AMENDED FOREIGN AIR CARRIER PERMIT

Triair (Bermuda) Limited (“Triair” or the “Applicant”) hereby applies under 

49 U.S.C. §§ 41301, 41302 and 40109, Subparts B and C of the Department’s Rules of 

Practice (14 C.F.R. §§ 302.201 and 302.301, et seq.), the U.S.-EU Reciprocal 

Recognition Procedures,1

 and the Streamlined Licensing Procedures 2 for an exemption 

and an amended foreign air carrier permit authorizing Triair 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 EU-U.S. openskies agreement, as well as other charters pursuant to the prior approval requirements 

set forth in the Department’s regulations (14 C.F.R. Part 212), as more fully described 

herein. Triair currently holds a foreign air carrier permit issued by Order 2003-7-30, 

authorizing Triair to engage in charter foreign air transportation of persons (and their 

 

1

 See DOT Notice, “Application Procedures for Foreign Air Carriers of the European Union,” dated 

February 19, 2009. 

2

 See DOT Notice in Docket DOT-OST-2005-22228, dated August 23, 2005. Triair requests that the 

Department grant this application under the show-cause procedures described in that Notice by 

issuing a single Order (a) granting the exemption authority described in this application for a period 

of two years, or until the effective date of the Applicant’s amended foreign air carrier permit, 

whichever occurs first, and (b) tentatively awarding the amended foreign air carrier permit. As soon 

as possible thereafter, Triair requests that the Department issue a Final Order issuing Triair its EUU.S. open-skies foreign air carrier permit for a period of indefinite duration.
Application of Triair (Bermuda) Limited 

Page 2 

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accompanying baggage) between any point or points in the United Kingdom and any 

point or points in the United States. Triair now seeks the expanded authority available to 

UK carriers under the EU-U.S. open-skies agreement. 

In support of this application, Triair submits the following information required 

under the U.S.-EU Reciprocal Recognition Procedures: 

1. The name and address of the applicant. 

Triair (Bermuda) Limited 

Flight Support Center 

Farnborough Airport 

Farnborough 

Hampshire 

GU14 6XA 

United Kingdom 

2. Statement of the authority sought.

Triair requests issuance of an exemption and a foreign air carrier permit 

authorizing the Applicant 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 EU 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 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; 
Application of Triair (Bermuda) Limited 

Page 3 

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• other charters pursuant to the prior approval requirements set 

forth in the Department’s regulations governing charters; and 

• charter transportation authorized by any additional route rights 

made available to European Union carriers in the future, to the 

extent permitted by the Applicant’s homeland license on file with 

the Department. 

3. Evidence of the Applicant’s operating authority.

Attached as Exhibit TRIAIR-1 are Triair’s Operating Licence (Type B, No. 

OL/B/452) issued by the UK Civil Aviation Authority (“UK CAA”) on 

February 28, 2001, and its Air Operator Certificate (AOC) (No. GB 2168) issued 

by the UK CAA on February 10, 2009, authorizing Triair to perform commercial 

air transport operations involving the carriage of passengers, cargo and mail for 

remuneration or hire. Triair will obtain appropriate amendments to the 

Operations Specifications associated with its AOC and will otherwise continue to 

update and renew its Operating License and AOC as necessary. 

4. Name of the foreign air transport authority involved.

UK Civil Aviation Authority 

Gatwick Airport South 

West Sussex RH6 OYR 

United Kingdom 

5. Statement that the Applicant’s insurance coverage meets or exceeds the 

liability limits of 14 C.F.R. Part 205. 

The Applicant’s insurance coverage continues to meet or exceed the 

liability limits of 14 C.F.R. Part 205, as reflected in the most recent Certificate of 

Insurance on file with the FAA. Triair’s current aircraft insurance carriers are 
Application of Triair (Bermuda) Limited 

Page 4 

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several participating companies of the United States Aircraft Insurance Group 

(USAIG).

6. Copies of signed OST Form 4523 (waiver of liability limits under the 

Warsaw Convention).

Signed OST Form 4523 was previously provided as Exhibit C of Triair’s 

initial foreign air carrier permit application and is also on file in the appropriate 

docket. See Document ID DOT-OST-1995-236-0254. 

ADDITIONAL INFORMATION.

Energy Information. In light of the very limited, on-demand nature of its proposed 

operations, the additional services proposed by Triair will not involve a near-term net 

annual change in aircraft fuel consumption exceeding 10 million gallons, meaning 

approval of this application would not constitute a “major regulatory action” under the 

Energy Policy and Conservation Act, as implemented by 14 C.F.R. Part 313. Triair does 

not anticipate encountering any difficulty in obtaining adequate supplies of fuel for its 

proposed ad hoc services from existing sources. 

Family Support Plan and Passenger Manifest Information. Triair intends to 

continue its on-demand services with a single small aircraft and is thus not submitting a 

plan to address the needs of families of passengers involved in aircraft accidents 

pursuant to 49 U.S.C. § 41313(c), or a statement summarizing how it would collect the 

passenger manifest information required by 14 C.F.R. Part 243 and transmit the 

information to the Department of State in the event of an aviation disaster. If Triair 

determines it will expand its fleet to include large aircraft in the future, it will make the 

necessary submissions. 
Application of Triair (Bermuda) Limited 

Page 5 

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WHEREFORE, Triair (Bermuda) Limited respectfully requests that the 

Department promptly approve this application and issue exemption authority and an 

amended foreign air carrier permit pursuant to the U.S.-EU Reciprocal Recognition 

Procedures and the Streamlined Licensing Procedures, as described herein, and grant 

such further and additional relief as the public interest may require. 

 Respectfully submitted, 

__________________________________ 

Sheryl R. Israel 

HOGAN LOVELLS US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, DC 20004 

Telephone: +1 202 637 8898 

Facsimile: +1 866 728 1992 

E-mail: sheryl.israel@hoganlovells.com 

Counsel for 

TRIAIR (BERMUDA) LIMITED 
Application of Triair (Bermuda) Limited 

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Exhibit TRIAIR-1

Operating Licence and Air Operator Certificate






Application of Triair (Bermuda) Limited 

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Exhibit TRIAIR-2

Verification