BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the matter of the application of 

BRITISH MIDLAND AIRWAYS LIMITED 

d/b/a bmi 

for an exemption from 49 U.S.C. § 41301 

(U.S.-EU Open Skies Authority) 

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Docket DOT-OST-2007-28975 

APPLICATION FOR RENEWAL OF EXEMPTION

 Communications with respect to this 

 document should be addressed to: 

 Charles F. Donley II 

 Marshall S. Sinick 

 Squire, Sanders & Dempsey (US) L.L.P. 

 1200 19th Street, N.W. 

 Washington, D.C. 20036 

 (202) 626-6840 

 cdonley@ssd.com

Counsel to British Midland Airways Limited 

 d/b/a bmi 

DATED: November 11, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the matter of the application of 

BRITISH MIDLAND AIRWAYS LIMITED 

d/b/a bmi 

for an exemption from 49 U.S.C. § 41301 

(U.S.-EU Open Skies Authority) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Docket DOT-OST-2007-28975 

APPLICATION FOR RENEWAL OF EXEMPTION

 British Midland Airways Limited d/b/a bmi (“bmi”), hereby requests renewal of 

the exemption granted to it by the Department of Transportation (“Department”) in the 

above-captioned docket permitting bmi to perform: 

 (i) foreign 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 point or points in 

the United States and beyond; 

 (ii) foreign 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; 

 (iii) foreign scheduled and charter cargo air transportation between any 

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

 (iv) other charters pursuant to the prior approval requirements set forth 

in 14 C.F.R. 212 of the Department’s regulations; and 
Application of British Midland Airways Limited 

Docket DOT-OST-2007-28975 

November 11, 2011 

 - 2 - 

 (v) transportation authorized by any additional route rights made 

available to European Community carriers in the future.1

 bmi requests renewal of its exemption for a two-year period on its existing terms 

and conditions. bmi relies upon the provisions of the Administrative Procedure Act and 

Part 377 of the Department’s procedural regulations to continue its existing authorization 

in force pending a final decision on this renewal request. 

 As indicated below, all of the factors that originally led the Department to grant 

this exemption to bmi continue in existence at the present time. In further support of its 

request for renewal, bmi states as follows: 

1. bmi is a U.K. flag carrier operating scheduled and charter services to and 

from various points in the U.K. and third countries. bmi currently holds an open skies 

exemption authorizing it to operate and hold out a variety of services between the U.K., 

U.S. and third countries.2

 bmi also holds various statements of authorizations permitting 

it to display the designator codes of bmi’s codeshare partners on certain bmi scheduled 

flights. 

 2. Although bmi does not currently operate its own aircraft to the U.S., bmi 

wishes to renew its exemption in this docket so that it can maintain its codeshare service 

between the U.S. and U.K. and operate other flights as warranted. 

 

1

 Before commencing any new service under subparagraph (v), bmi agrees to provide the Department with 

evidence that it holds a homeland license authorizing it to operate such new service, unless it has provided 

such evidence to the Department previously. 

2 Notice of Action Taken, Docket DOT-OST-2007-28975, November 19, 20009 
Application of British Midland Airways Limited 

Docket DOT-OST-2007-28975 

November 11, 2011 

 - 3 - 

 3. The authority for which renewal is requested is consistent with the US-EC 

Agreement approved by the European Council on March 22, 2007, and signed by the 

parties on April 30, 2007. The Department has previously found that this authority is 

consistent with the Agreement.3

 4. bmi is subject to the safety and operational rules of the Government of the 

United Kingdom. The U.K. is a contracting party to the Convention on International 

Civil Aviation and observes all applicable ICAO standards. 

 5. This renewal application raises no environmental or energy issues. All 

services are operated between points located outside the United States. Similarly, 

approval of this request will not result in a near term increase in fuel consumption of ten 

million gallons or more.

 WHEREFORE, British Midland Airways Limited d/b/a bmi respectfully 

requests that the exemption granted to it in the above-captioned docket be renewed on its 

existing terms and conditions for a two-year period. 

 

3

 Order 2007-9-24, September 25, 2007, p.2 (“We find that grant of this authority is consistent with the 

public interest[.]”) 
Application of British Midland Airways Limited 

Docket DOT-OST-2007-28975 

November 11, 2011 

 - 4 - 

 Respectfully submitted, 

 /s/ Charles F. Donley II 

 ____________________________ 

 Charles F. Donley II 

 Marshall S. Sinick 

 Squire, Sanders & Dempsey (US) L.L.P. 

 1200 19th Street, N.W. 

 Washington, D.C. 20036 

 (202) 626-6840 

 cdonley@ssd.com

Counsel to British Midland Airways Limited 

 d/b/a bmi 

DATED: November 11, 2011
CERTIFICATE OF SERVICE

 I hereby certify that a copy of the foregoing Application for Renewal of 

Exemption has this day been served on all persons listed on the attached service list via email, telecopier or first class mail, postage prepaid. 

 /s/ Charles F. Donley II 

 ____________________________ 

 Charles F. Donley II 

DATED: November 11, 2011 

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