BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

 

 ) 

Application of ) 

 ) 

 TNT AIRWAYS S.A. ) 

 ) Docket DOT-OST-2012-0121 

for renewal of an exemption ) 

pursuant to 49 U.S.C. § 40109 ) 

(U.S.-EU charter passenger service) ) 

 ) 

APPLICATION OF TNT AIRWAYS S.A. 

FOR RENEWAL OF AN EXEMPTION 

Communications with respect to this document should be addressed to: 

DAVID HEFFERNAN 

COZEN O’CONNOR 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Telephone: (202) 463-2537 

E-mail: dheffernan@cozen.com

Counsel for 

TNT AIRWAYS S.A.

June 20, 2014 

NOTE: Any person may support or oppose this Application by filing an 

answer and serving a copy of the answer on counsel for TNT Airways S.A. 

and all persons listed on the attached service list. Answers are due on or 

before July 7, 2014. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

 

 ) 

Application of ) 

 ) 

 TNT AIRWAYS S.A. ) 

 ) Docket DOT-OST-2012-0121 

for renewal of an exemption ) 

pursuant to 49 U.S.C. § 40109 ) 

(U.S.-EU charter passenger service) ) 

 ) 

DATED: June 20, 2014 

APPLICATION OF TNT AIRWAYS S.A. 

FOR RENEWAL OF AN EXEMPTION 

 Pursuant to 49 U.S.C. § 40109, TNT Airways S.A. (“TNT”) hereby applies 

to renew the exemption authorizing TNT to engage in: 1) foreign charter air 

transportation of persons and property from any point or points behind any 

Member State(s) of the European Union, via any point or points in any Member 

State(s) and via intermediate points, to any point or points in the United States 

and beyond; 2) foreign charter air transportation of persons and property 

between any point or points in the United States and any point or points in any 

member of the European Common Aviation Area; 3) other charter foreign air 

transportation pursuant to the prior approval requirements set forth in 14 C.F.R. 

Part 212 of the Department’s Economic regulations; and 4) transportation 

authorized by any additional route rights that may be made available to European 

Community carriers in the future. 
Application of TNT Airways S.A. 

Page 2 

 In support of its application, TNT respectfully states as follows: 

 1. TNT is a licensed air carrier of Belgium that is engaged in providing 

all-cargo and express services, as well as charter passenger services, within 

Europe and to destinations outside of Europe. TNT holds a Foreign Air Carrier 

Permit issued by the Department authorizing it to engage in scheduled and 

charter all-cargo foreign air transportation as permitted under the U.S.-EU Air 

Transport Agreement.1

 TNT also holds the exemption authority at issue in this 

application allowing it to operate U.S.-EU passenger charter service.2

 2. TNT requests renewal of its exemption authority allowing it to 

engage in: 1) foreign charter air transportation of persons and property from any 

point or points behind any Member State(s) of the European Union, via any point 

or points in any Member State(s) and via intermediate points, to any point or 

points in the United States and beyond; 2) foreign charter air transportation of 

persons and property between any point or points in the United States and any 

point or points in any member of the European Common Aviation Area; 3) other 

charter foreign air transportation pursuant to the prior approval requirements set 

forth in 14 C.F.R. Part 212 of the Department’s Economic regulations; and 4) 

transportation authorized by any additional route rights that may be made 

available to European Community carriers in the future. TNT requests that the 

 

1

 Application of TNT Airways S.A. for a Foreign Air Carrier Permit, Order 2009-3-6 dated January 

5, 2009 (Docket DOT-OST-2004-18639). 

2 Application of TNT Airways S.A. for an Exemption, Notice of Action Taken dated July 25, 2012 

(Docket DOT-OST-2012-0121). 
Application of TNT Airways S.A. 

Page 3 

Department renew its exemption for U.S.-EU passenger charter service for an 

additional two-year period consistent with DOT precedent.3

 

 3. Renewal of TNT’s exemption authority is fully consistent with the 

U.S.-EU Air Transport Agreement, as amended.4 The U.S.-EU open skies 

agreement provides broad traffic rights to both U.S. and EU air carriers, including 

for passenger charter service. 

 4. The approval of TNT’s exemption renewal application is in the 

public interest, as it will continue to allow TNT to provide charter air travel 

services that benefit consumers. 

 5. TNT hereby invokes and relies upon the provisions of Section 

558(c) of the Administrative Procedure Act (5 U.S.C. § 558(c)), as implemented 

by Part 377 of the Department’s Special Regulations, to continue in effect its 

existing authority pending final action on this application, which is timely filed 

under 14 C.F.R. § 377.10(c). 

 WHEREFORE, TNT requests that the Department renew TNT’s 

exemption authorizing TNT to engage in: 1) foreign charter air transportation of 

persons and property from any point or points behind any Member State(s) of the 

European Union, via any point or points in any Member State(s) and via 

intermediate points, to any point or points in the United States and beyond; 2) 

 

3

 See Application of Les Investissements Nolinor Inc. d/b/a Nolinor Aviation for Renewal of 

Exemption Authority, Notice of Action Taken dated May 12, 2014 (Docket DOT-OST-2000-8082); 

Application of Canadian North Inc. for Renewal of an Exemption, Notice of Action Taken dated 

April 10, 2014 (Docket DOT-OST-2003-15060); Application of Turkish Airlines for Renewal of 

Exemption, Notice of Action Taken dated March 31, 2014 (Docket DOT-OST-2005-21183). 

4 Air Transport Agreement Between the Government of the United States of America and the 

Member States of the European Union and the European Community, April 30, 2007, as 

amended. 

 
Application of TNT Airways S.A. 

Page 4 

foreign charter air transportation of persons and property between any point or 

points in the United States and any point or points in any member of the 

European Common Aviation Area; 3) other charter foreign air transportation 

pursuant to the prior approval requirements set forth in 14 C.F.R. Part 212 of the 

Department’s Economic regulations; and 4) transportation authorized by any 

additional route rights that may be made available to European Community 

carriers in the future. 

 Respectfully submitted, 

____________________________

DAVID HEFFERNAN 

COZEN O’CONNOR 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Telephone: (202) 463-2537 

E-mail: dheffernan@cozen.com

Counsel for 

TNT AIRWAYS S.A.

 

Dated: June 20, 2014