\\\DC - 037510/000001 - 3249943 v1 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) ) ) ) ) ) ) ) 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.\\\DC - 037510/000001 - 3249943 v1 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) ) ) ) ) ) ) ) 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 Statesto 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 soonas 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

\\\DC - 037510/000001 - 3249943 v1 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

\\\DC - 037510/000001 - 3249943 v1 • 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 areApplication of Triair (Bermuda) Limited Page 4

\\\DC - 037510/000001 - 3249943 v1 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

\\\DC - 037510/000001 - 3249943 v1 WHEREFORE, Triair (Bermuda) Limited respectfully requests that the Department promptly approve this applic ation 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) LIMITEDApplication of Triair (Bermuda) Limited

\\\DC - 037510/000001 - 3249943 v1 Exhibit TRIAIR-1 Operating Licence and Air Operator CertificateApplication of Triair (Bermuda) Limited

\\\DC - 037510/000001 - 3249943 v1 Exhibit TRIAIR-2

Verification