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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

EJME (PORTUGAL)

AIRCRAFT MANAGEMENT, LDA

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-2015-______

APPLICATION OF EJME (PORTUGAL) AIRCRAFT MANAGEMENT, LDA

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

E. Tazewell Ellett

Kathy M. Miljanic

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8644/5657

Facsimile: +1 202 637 5910

E-mail: tazewell.ellett@hoganlovells.com

kathy.miljanic@hoganlovells.com

Counsel for

EJME (PORTUGAL)

AIRCRAFT MANAGEMENT, LDA

March 10, 2015

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

and serving a copy of that answer on counsel for EJME (Portugal)

Aircraft Management, Lda and all persons served with this application.

Answers to the exemption request are due March 25, 2015, and answers

to the permit request are due March 31, 2015.
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

EJME (PORTUGAL)

AIRCRAFT MANAGEMENT, LDA

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-2015-______

March 10, 2015

APPLICATION OF EJME (PORTUGAL) AIRCRAFT MANAGEMENT, LDA

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

EJME (Portugal) Aircraft Management, Lda (“EJME” 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,1and the Streamlined Licensing

Procedures2for an exemption and a foreign air carrier permit authorizing EJME 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. open-skies 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.

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. EJME 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 foreign air carrier permit, whichever

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

thereafter, EJME requests that the Department issue a Final Order issuing EJME its EU-U.S. openskies foreign air carrier permit for a period of indefinite duration.
Application of EJME (Portugal) Aircraft Management, Lda

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EJME is a relatively new EU air operator that was established to provide

business jet management and charter services. In order to offer the aircraft under its

management to charter customers to the maximum extent possible, EJME is eager to

secure the full extent of authority available to air carriers from EU Member States under

the EU-U.S. open-skies agreement.

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

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

1. The name and address of the applicant.

EJME (Portugal) Aircraft Management, Lda

Rua Calvet de Magalhães, 245, Bloco B

2774-550 Paço de Arcos

PORTUGAL

2. Statement of the authority sought.

EJME 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 EJME (Portugal) Aircraft Management, Lda

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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 JME-1 is a statement from Instituto Nacional de

Aviação Civil, I.P. (“INAC”) confirming that EJME has been issued an Operating

License authorizing it to conduct non-scheduled air transportation. Attached as

Exhibit JME-2 is Air Operator Certificate (“AOC”) No. PT-01/14/02 issued by

INAC, with Operations Specifications, dated October 25, 2014, authorizing EJME

to engage in worldwide commercial air operations. EJME 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.

Instituto Nacional de Aviação Civil, I.P.

Rua B, Edifício 4 - Aeroporto da Portela 4

1749-034 Lisboa

Portugal

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

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

EJME’s insurance coverage meets or exceeds the liability limits of

14 C.F.R. Part 205, as reflected in the Certificate of Insurance attached as

Exhibit JME-3. The Certificate of Insurance will also be filed with the FAA.
Application of EJME (Portugal) Aircraft Management, Lda

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

Warsaw Convention).

Attached as Exhibit JME-4 is a copy of signed OST Form 4523, which will

also be filed in Docket DOT-OST-1995-236.

ADDITIONAL INFORMATION.

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

the services proposed by EJME 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. The Applicant 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. EJME initially intends

to provide its on-demand services solely with small business jet 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. In the

event EJME expands its fleet to include large aircraft in the future, it will make the

necessary submissions.
Application of EJME (Portugal) Aircraft Management, Lda

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WHEREFORE, EJME (Portugal) Aircraft Management, Lda respectfully requests

that the Department promptly approve this application and issue exemption authority

and a 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,

E. Tazewell Ellett

Kathy M. Miljanic

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8644/5657

Facsimile: +1 202 637 5910

E-mail: tazewell.ellett@hoganlovells.com

kathy.miljanic@hoganlovells.com

Counsel for

EJME (PORTUGAL)

AIRCRAFT MANAGEMENT, LDA
Application of EJME (Portugal) Aircraft Management, Lda

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Exhibit JME-1

Operating License Confirmation

Application of EJME (Portugal) Aircraft Management, Lda

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Exhibit JME-2

Air Operator Certificate No. PT-01/14/02






Application of EJME (Portugal) Aircraft Management, Lda

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Exhibit JME-3

Certificate of Insurance
AGENCY DISPLAY OF ESTIMATED BURDEN 

The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you 

wish to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your 

comments to: U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW., Washington, D.C. 

20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of 

information unless it displays a valid OMB control number. 

NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below. 

OST Form 6411 

Office of the Secretary 

of Transportation

OMB No. 2106-0030 Expires 2-28-2011 

FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE 

POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY 

AND PROPERTY DAMAGE LIABILITY 

FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS-260, 

800 Independence Ave., SW., Washington, D.C. 20591. (See EXCEPTION below.) 

 EXCEPTION: If Section 2.A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. 

Department of Transportation, Special Authorities Division (X-46), 400 7th Street, SW., Washington, D.C. 20590. 

(Please type information, except signatures.) 

THIS CERTIFIES THAT: The Several Participating Companies of the United States Aircraft Insurance Group 

c/o United States Aviation Underwriters, Incorporated (Name of Insurer) 

has issued a policy or policies of Aircraft Liability Insurance to EJME (Portugal) Aircraft Management, Lda 

Rua Calvet de Magalhães, 245-Bloco B, 2774-550 Paco de Arcos, Portugal FAA Certificate Number 

(Name, address and FAA Certificate number of Insured Foreign Air Carrier) 

effective from May 1, 2014 until ten (10) days after written notice from the insurer or carrier of the 

intent to terminate coverage is received by the Department of Transportation. 

NOTE: Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a 

date is unacceptable. 

1. The Insurer (Check One):

 is licensed to issue aircraft insurance policies in the United States; 

 is licensed or approved by the government of to issue aircraft insurance policies; or 

 is an approved surplus line insurer in the State(s) of 

2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the 

following during operation, maintenance, or use of aircraft in “foreign air transportation” as that term is defined in 49 U.S.C. 40102. 

(Complete applicable section A, B, or C below): 

A. CANADIAN CHARTER AIR TAXI OPERATORS WITH PART 294 AUTHORITY ONLY 

 The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds 

or less; and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Complete separate or 

combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

 Policy No. Type of Liability Each Person Each Occurrence 

 Combined Bodily Injury (Excluding 

 Passengers other than cargo attendants) 

 and Property Damage Liability $75,000 $2,000,000*(See note) 

 Passenger Bodily Injury $75,000 $75,000 x 75% of total 

number of passenger 

seats installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

 minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. 

 Policy No. Amount of Coverage U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

*NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity 

 of 7,500 pounds, the minimum limit per occurrence shall be $20,000,000. 
B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT 

 The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload 

capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate): 

 Separate Coverages: Minimum Limit 

 Policy No. Type of Liability Each Person Each Occurrence 

 Combined Bodily Injury (Excluding 

 Passengers other than cargo attendants) 

 and Property Damage Liability $300,000 $2,000,000 

 Passenger Bodily Injury $300,000 $300,000 x 75% of total 

number of passenger 

seats installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damaged, and passenger bodily injury. 

 Policy No. SIHL1-224T Amount of Coverage $200,000,000 U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT 

 The aircraft covered by this policy are LARGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum 

payload capacity of more than 18,000 pounds). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

 Policy No. Type of Liability Each Person Each Occurrence 

 Combined Bodily Injury (Excluding 

 Passengers other than cargo attendants) 

 and Property Damage Liability $300,000 $20,000,000 

 Passenger Bodily Injury $300,000 $300,000 x 75% of total 

number of passenger 

seats installed in aircraft 

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damaged, and passenger bodily injury. 

 Policy No. Amount of Coverage U.S. Dollars 

 This policy covers CARGO operations only and excludes passenger liability insurance. 

3. The policy or policies listed in this certificate insure(s) (Check One): Make and Model FAA or Foreign Flag 

 Registration No. 

 Operations conducted with all aircraft operated by the insured 

 Operations conducted with the following types of aircraft: 

 Operations with the following aircraft: (Use additional page if necessary) 

4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205. 

United States Aircraft Insurance Group 

c/o United States Aviation Underwriters, Incorporated 

(Name of Insurer) (Name of Broker, if applicable)

125 Broad Street / 6th Floor 

(Address) (Address) 

New York, NY 10004 

(City, State, Zip Code) (City, State, Zip Code)

MC Ernst 

Contact (person who can verify the effectiveness of the coverage) (Officer or authorized representative)

(212) 952-0100 / (212) 809-7861 / 

(Area Code, Phone Number) (Area Code, Fax Number) (Area Code, Phone Number) (Area Code, Fax Number) 

 

(Signature, if applicable) (Signature)

March 6, 2015 

(Date) (Date)
Application of EJME (Portugal) Aircraft Management, Lda

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Exhibit JME-4

OST Form 4523

Application of EJME (Portugal) Aircraft Management, Lda

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Exhibit JME-5

Verification

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of EJME (Portugal)

Aircraft Management, Lda for an Exemption and a Foreign Air Carrier Permit has been

served this 10th day of March, 2015, on the following addressees:

Thomas S. Engle

Deputy Assistant Secretary for Transportation Affairs

Bureau of Economic and Business Affairs

Department of State

2201 C Street, NW

Washington, DC 20520

Nicholas Tsokris

Frontline Manager

New York International Field Unit

New York Flight Standards District Office, EA15

Federal Aviation Administration

One Aviation Plaza, Room 504

Jamaica, NY 11434-4809

Jonathan Echmalian