501305610v2 BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

S KYGREECE AIRLINES S.A. ) ) Docket No. OST

- 2014

-

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

- U

. S . Open Skies ) )

_________________________________________ )

APPLICATION OF SKYGREECE AIRLINES S.A.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 Tel: (202) 663

- 8000

Fax: (202) 663

- 8007

E

- mail: romanow@pillsburylaw.com

E

- mail: peter.nelson @pillsburylaw.com

March 18 , 201 4 Counsel for SkyGreece Airlines S.A.

NOTE: Any person may support or oppose this application by filing an answer and serving a cop y of the answer on counsel for SkyGreece Airlines

. Answers to the foreign air carrier permit application are due on or before April 8 , 201 4 ; A nswers to the exemption application are due on or before April 2 , 201 4

.501305610v2 BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

S KYGREECE AIRLINES S.A. ) ) Docket No. OST

- 2014

-

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

- U

. S . Open Skies ) )

_________________________________________ )

APPLICATION OF SKYGREECE AIRLINES S.A.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the U.S. Department of

Transportation ’s economic regulations, and the Department’s rules of practice,

SkyGreece Airlines S.A. (“ SkyGreece ”), a foreign air carrier of Greece , hereby applies

for exemption authority and a foreign air carrier permit to conduct foreign scheduled and

charter air transportation of persons, property, and mail, between a point or points in

Member States of the European Union, and a point or points in the United States, to the

full extent allowed under the Air Transport Agreement between the United States and the

European Community and the Member States of the European Union, 1 a s more fully

described herein.

This application is filed pursuant to the Department’s N otice of February 19, 2009

relating to Application Procedures for Foreign Air Carriers of the European Union.

1 Air Transport Agreement between the U.S. and the European Community and its Member States, signed Apr. 25 and 30, 2007, applied provisionally from Mar. 30, 2008, as amended.501305610v2 Consistent with the Department’s notices of May 3, 2007 a nd August 23, 2005 (Docket

No. OST

- 2005

- 22228), SkyGreece 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 the Member States of the

European Union. The following is provided in support of this application:

1. The applicant’s full name is SkyGreece Airlines S.A. Its principal place of

business is located at 33 K. Papadimitriou Street, 190 03 Markopoulo Mesogaias,

Attiki, G reece

. 211.20(a).

2. Consistent with rights available to carriers of both p arties to the U.S.

- EU Air

Transport Agreement, SkyGreece requests autho rity to engage in:

a. F oreign scheduled and 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 poi nt or points in the United States and beyond;

b. F oreign scheduled and 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;

c. F oreign scheduled and charter cargo air transportation between any point

or points in the United States and any other point or points;

d. O ther charters pursuant to the prior approval requirements set forth in part 212 of the Department’s economic regulations; and

e. S cheduled and charter transportation consistent with any future, additional rights that may be granted to foreign air carriers of the Member States of the European Union

. 211.20(c)

.

3. SkyGreece ’s Air Operator Certificate (AOC) from the Hellenic Civil Av iation

Authority is attached hereto as Exhibit A

. 211.20(b) and (i).501305610v2 4. SkyGreece ’s insurance meets the minimum requirements specified in 14 C.F.R.

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

— Certificate of Insurance

is attached hereto as Exhibit B

. 211.20(h).

5. A copy of OST Form 4523

, Waiver of Warsaw Convention Liability Limits is

attached hereto as Exhibit C

. 211.20(t)

.

6. Foreign Air Carrier Family Support Act Plan: A copy of SkyGreece ’s Family

Assistance Plan is attached as Exhibit D

.

7. Summary of Passenger Manifest Information Collection Procedures: SkyGreece

will collect the passenger manifest information required by 14 C.F.R. § 243 and

will transmit that information to the U.S. Department of State in the event of an

aviation disaster. A summary of SkyGreece ’s procedures is attached as Exhibit E

.

8. Grant of the authority sought herein will not result in a near term increase in fuel

consumption of ten million gallons or more, and therefore will not comprise a

“major regulatory action” und er the Energy Policy and Conservation Act of 1975,

as defined at 14 C.F.R. § 313(a)(1).

9. The verification required by 14 C.F.R

. 302.4(b) is attached hereto as Exhibit F

.

10. As demonstrated by the information provided herein, SkyGreece is fully qualified

to ope rate the services for which authority is requested; grant of the requested

authority is consistent with the U.S.

- EU Air Transport Agreement and will

therefore serve the public interest. 2

2 See S. REP. NO. 96

- 329, at 4 (1979), reprin ted in 1980 U.S.C.C.A.N. 54, 57 (“[T] he negotiation of a

bilateral a greement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public interest.’”).501305610v2 WHEREFORE, for the foregoing reasons, SkyGreece respectfully request s that

the Department issue an exemption and foreign air carrier permit authorizing SkyGreece

to engage in foreign scheduled and charter air transportation of persons, property, and

mail to the full extent allowed under the U.S.

- EU Air Transport Agreemen t

.

Respectfully submitted,

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 Tel: (202) 663

- 8000 Fax: (202) 663

- 8007

E

- mail: romanow@pillsburylaw.com

March 18, 201 4 Counsel for SkyGreece Airlines S.A.501305610v2 CERTIFICATE OF SERVICE

The undersigned certifies that o n March 18, 201 4

, the Application of SkyGreece

Airlines S.A. for an Exemption and Foreign Air Carrier Permit, was served by electronic

mail on the individuals identified below:

John Allen

Federal Aviation Administration john.allen @faa.gov Steve Morrissey

United Airlines steve.morrissey@united.com

Robert Wirick

American Airlines robert.wirick@aa.com Sascha Vanderbellen

Delta Airlines sascha.vanderbellen@delta.com

Dan Weiss

Continental Airlines dan.weiss@coair.com Howard Kass US Airways howard.kass@usairways.com

Malcolm L. Benge North American, World Airways mlbenge@zsrlaw.com Russell E. Pommer

Atlas Air Inc. rpommer@atlasair.com

Nancy Sparks Bailey Leopard

FedEx nsparks@fedex.com gbleopard@fedex.com Anita Mos n er
Jennifer Nowak

UPS

anita .mosner@hklaw.com jennifer.nowak@hklaw.com

/s/ Melinda A. Hernandez

__ Melinda A. Hernandez501305610v2 TABLE OF EXHIBITS

Exhibit A Air Operator Certificate (AOC)

Exhibit B OST Form 6411, Foreign Air Carriers

— Certificate of Insurance

Exhibit C OST Form 4523, Waiver of Warsaw Convention Liability Limits

Exhibit D Family Assistance Plan

Exhibit E Summary of Passenger Manifest I nformati o n Collection Procedures

Exhibit F Verification501305610v2 EXHIBIT A

AIR OPERATOR CERTIFICATE501305610v2501305610v2 EXHIBIT B

OST FORM 6411 FOREIGN AIR CARRIERS

— CERTIFICATE OF INSURANCE501305610v2501305610v2 E XHIBIT C

OST FORM 4523

WAIVER OF WAR SAW CONVENTION L IABILITY LIMITS501305610v2 EXHIBIT D

SKYGREECE AIRLINES S

. A

. FAMILY ASSISTANCE PLAN

1. Overview

1.1. The purpose of the SkyGreece Airlines S.A. Family Assistance Plan is to provide company personnel with the guidelines, procedures and training that will enable them to act in the best interests of the families of passengers involved in any aircraft accident involving SkyGreece aircraft and resultin g in a major loss of life, to treat survivors and families with dignity, and to respect the cultural and religious backgrounds of survivors and families.

1.2. This document is a part of a larger effort, which includes the National Transportation Safety Bo ard, other government entities and appointed independent non

- profit organizations, to assist survivors and families in the event

of an aviation disaster.

2. Pre

- Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 19 96 (49 U.S.C. Section 1136 & Section 41313), as amended by Vision 100

– Century of Aviation Reauthorization Act, SkyGreece will publish this Family Assistance Plan and insert this plan into all appropriate SkyGreece manuals.

2.2. The treatment of families of non

- revenue passengers (and any other victim of the accident) will be the same as the treatment of the families of revenue passengers.

2.3. The SkyGreece Emergency Response Team will be utilized to respond to likely

needs of survivors and families.

2 .4. Training will be based upon employee’s responsibilities and SkyGreece will provide logistical support to the Response Team.

2.5. Training of Family Assistance Personnel will be conducted in conjunction with SkyGreece ’s training recognizing that:

2.5. 1. A list of trained Family Assistance Personnel will be maintained in the SkyGreece Emergency Response Plan.

2.5.2. Personnel who are in public contact positions need to know how to respond to inquiries and facilitate responses to them.

2.5.3. Families may seek assistance from SkyGreece at airports that are neither the origin nor the destination of the flight.

2.5.4. Simulations of the Plan will be held annually in addition to participation

in local disaster drills.501305610v2 2.5.5. After an aviation disaster involving a SkyGreece aircraft, a toll

- free “800” number will be published for the use of families to inquire about

passengers.

2.5.6. It is SkyGreece ’s policy that manifest information will only be released by the designated SkyGreece Coordinator to the proper NTSB authorities, the director of family support services designated for the accident under section 1136(a)(1), the organization designated for the accident under section 1136(a)(2); the SkyGreece NTSB Family

Assistance Coordinator, SkyGreece ’s Chief Executive Officer

, Chief General Affairs, Chief Operations Officer or their authorized representatives. Any other release of manifest information is considered unauthorized and prohibited.

2.5.7. SkyGreece will inform fami ly members (or family friends or clergy who are with the family) at an appropriate time, but as early as possible after being notified, that it is critical that they contact their family dentist to

obtain the dental records and dental x

- rays of their loved one. SkyGreece will ask the family to have the records and x

- rays sent by special courier to the address of the hotel where the joint family support operations center will be located. Packages should be addressed to the Director, Family Support Services, and NTSB. If the family is coming to the site the next day, the family may arrange to hand

- carry these documents. If the family is already at the accident site or arrives without making these arrangements, the Disaster Mortuary Team personnel will

coord inate with the family’s dentist to obtain dental records and dental x

rays.

2.5.8. SkyGreece will ensure that its employees and agents receive adequate training to meet the needs of survivors and family members following an

accident.

3. Passenger Manifes t, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, SkyGreece personnel immediately after the accident will begin a review of the following:

3.1.1. On board Passenger Manifest.

3.1.2. Standb y passengers.

3.1.3. Non

- revenue passengers.

3.1.4. Re

- routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different names.501305610v2 3.2. SkyGreece will release, upon request, to the NTSB Family Services Director a passenger list. This would be upon the firm understanding that the list reflects the best available information at the time of the request, that it may have inaccuracies and it may not be complete.

3.2.1. All personnel involved with handling the manifest will be briefed as to

the confidential/sensitive nature of this information.

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY AND UNCONFIRMED” with date, time and list number.

3.2.3. SkyGreece will update the list periodically.

3.2.4. Upon request, SkyGreece will provide to the Department of State information in its possession about foreign passengers.

3.2.5. SkyGreece will coordinate as necessary with the Department of Justice for family meetings to explain Department of Justice services.

3.3. Notification Procedures

3.3.1. As soon as information becomes available on each passenger, that passenger’s family will be notified.

3.3.1.1. Notification to family members w ill be made prior to release of the passenger’s name to the public and, to the extent practical, in

person.

3.3.2. SkyGreece personnel making the notification will be suitably trained as noted in Paragraphs 2.4, 2.5 and 2.5.8 of this document.

3.3.3. SkyGreece will secure a facility for family members that will insure privacy from solicitors and the media.

3.3.4. After coordination with NTSB, SkyGreece will provide a joint support operations center to provide logistical support to the federal staff.

3.3.5. As appropriate, SkyGreece will continually update the public on the progress of family notification.

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this document, any unauthorized release

of manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive

identification of fatalities.501305610v2 4.1.1.1. If the victim has died, the medical examiner will coordinate

with the Di saster Mortuary Team Commander to provide official notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for status updates and either the hospital or SkyGreece will advise the

families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, SkyGreece will respond to family requests for access to the accident scene.

5.3. SkyGreece will assist up to two members (exceptions woul d be made as individual cases and cultural differences would have to be considered) of the family of a passenger traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common law spouse, parents or children of the injured/deceased. If the deceased has no Family as defined, up to two close living relatives would be considered “Family.”

5.3.2. Physical care.

5.3.2 .1. Transportation to and from accident city.

5.3.2.2. Transportation to and from accident site.

5.3.2.3. Hotel accommodations at accident city for a reasonable time period.

5.3.2.4. Meal voucher during hotel stay and day of travel to and from

the accid ent city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and

unidentifiable human remains.

6.2. SkyGreece shall work with authorities to return identifiable personal effects to victim’s family rather than having SkyGreece become a custodian of them; SkyGreece and the authorities will work together to determine disposition of unidentifiable personal effects.

6.3. Personal effects that come into the control of SkyGreece will be handled in the following manner after release from the NTSB:501305610v2 6.3.1. SkyGreece will consult with each family about the disposition of personal effects that are in SkyGreece ’s control.

6 .3.2. SkyGreece will return to the family, if requested, any passenger’s possession that is under the control of SkyGreece

.

6.3.3. SkyGreece will retain for 18 months any unclaimed property of a passenger that is under SkyGreece ’s control.

6.3.4. SkyGree ce will consult with the families about the construction by SkyGreece of any planned monument, including the inscription on it.

6.3.5. SkyGreece will only be able to return personal effects that come into SkyGreece ’s control once permission of the NTSB ha s been obtained as the items may have some bearing on the accident investigation.

7. Liability for Man

- Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an accident resulting in significant damage to man

- made structur es or non

- government

owned property on the ground, SkyGreece shall promptly provide written notification directly to the owner of liability for any property damage and the means for obtaining compensation. Such notice shall advise the owner: (a) to

conta ct the property insurer as the authoritative source for coverage and compensation information; (b) to not rely on unofficial information offered by SkyGreece ’s representatives about compensation by SkyGreece for accident

- site property damage; and (c) to ob tain detailed evidence of property damage as soon as possible following the accident, consistent with restrictions to the accident

site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accordance with 49 U.S.C. Section 41313(c), in the event of an accident in which the NTSB conducts a public hearing or comparable proceeding at a location more than eighty (80) miles from the accident site, SkyGreece shall ensure the proceeding is made available simultaneously by electronic means at a location open to the public at the origin city and destination city of the SkyGreece flight, if that city is located in the United States.

9. Relationship with Designated Independent Organization

9.1. Sky Greece will work with the independent nonprofit organization that is designated under 49 U.S.C. Section 1136(a) (2) to provide mental health and counseling services to families.

9.1.1. Mental health services can be coordinated on a local basis through the nonprofit organization or these services can be brought in from another city where the airline may have a Mental Health Professional on retainer.501305610v2 9.1.2. Should long

- term counseling be required, SkyGreece will coordinate with the nonprofit organization ap pointed by the NTSB, the family and the company providing the service.

9.2. SkyGreece will develop a procedure to pay reasonable compensation to the

NTSB

- designated independent non

- profit organization as required by 49 U.S.C. Section 41313(C)(11) where t he nature and scope of its work and the kind of costs to be incurred have been discussed and agreed in advance.

9.3. SkyGreece will coordinate with family members as to their need for American

Red Cross for assistance.

9.4. SkyGreece will participate in the daily coordination meetings to review daily activities, resolve problem areas, and to synchronize future family support operations and activities.

10. Third Party Service Provider

10.1 In order to fulfill its obligations under this Plan, SkyGreece may contract with third party service providers who specialize in aviation disaster response

services. SkyGreece will work with any such third party service providers to carry out the responsibilities undertaken in this Plan.

1 1

. Filing of this document with NTSB and DOT

1 1 .1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 U.S.C. Section 41313(b), this document will be filed with the National Transportation Safety Board and the Department of Transportation.

1 2

. Revisions and Code

- Share Agreements

1 2 .1. SkyGreece reserves the right to introduce changes to this plan from time to time.

1 2 .2. SkyGreece does not presently have an approved code

- share arrangement with any United States carrier. If SkyGreece were to enter into such an agreement and it were approved, SkyGreece may revise this plan.

1 3

. Accidents Not Covered by this Plan

1 3 .1 SkyGreece will consult with the NTSB and the Department of State if it voluntarily provides assistance to U.S. citizens in the United States w ith respect to accidents outside the United States not covered by this plan involving loss of

life.

1 4

. Emergency Contact Information

14.1 SkyGreece ’s 24

- hour, 365 days a year contact is : Tel: +302111211010

FAX: +302299041242

Email: aoc.manager@skygreece.com501305610v2 EXHIBIT E

SUMMARY OF PASSENGER MANIFEST INFORMATION COLLECTION

PROCEDURES

SKYGREECE AIRLINES S

. A

.

Introduction

This summary is submitted by SkyGreece Airlines S.A. to the U.S. Department of Transportation in accordance with 14 C.F.R. Part 243.

Summary of Procedures

For each covered flight segment, SkyGreece Airlines S.A. shall collect, or cause to be collected, the full name of each passenger who is a U.S. citize n. Any U.S. citizen who does not provide this information will not be permitted to board.

SkyGreece Airlines S.A. will request an emergency contact telephone number and name from U.S. citizen passengers. As the provision of this information is voluntary, SkyGreece Airlines S.A. will not deny boarding to any passenger who refuses to provide

it.

SkyGreece Airlines S.A. shall store the information collected pursuant to the above procedures until passengers on the covered flight segment disembark. This

inform ation will be kept confidential and will not be used for purposes other than those described herein or disclosed to any entity except as required and permitted by law.

In the event of an aviation disaster, SkyGreece Airlines S.A. shall contact the Managing Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone. Not later than three hours after confirmation of such a disaster, SkyGreece Airlines S.A. shall transmit to the U.S. State De partment and, upon request, the National Transportation Safety Board, the information collected in accordance with these procedures.

24 Hour Contact Information

SkyGreece Airlines S.A. ’s 24

- hour operations center is located in Markopoulo Mesogaias, Attiki, Greece . Any agent of the U.S. government may contact operations center personnel at any time by dialing + 30211211010 or via email at

aoc. manager@skygreece.com

.501305610v2 EXHIBIT F

VERIFICATION

Pursuant to Titl e 18 United States Code Section 1001, I

, Bill Alefantis, in my individual capacity and as the authorized representative of the pleader, have not in any manner knowingly and willfully falsified, concealed or failed to disclosed any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing or prosecution of the pleading. I understand that an individual who is found to have violated the provisio ns of 18 U.S.C. Section 1001 shall be fined or imprisoned not more than five years, or both.

Signed:

Mr

. Bill Alefantis SkyGreece Airlines S.A.

Title: Chief Commercial Officer Date: March 7, 2014