\\DC - 040277/000001 - 5590270 v1 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. Application of ELITAVIA MALTA 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-2014-______

APPLICATION OF ELITAVIA MALTA LIMITED FOR AN EXEMPTION AND A 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 ELITAVIA MALTA LIMITED

June 10, 2014

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

and serving a copy of that answer on counsel for Elitavia Malta Limited and all persons served with this application. Answers to the exemption request are due June 25, 2014, and answers to the permit request are due July 1, 2014.\\DC - 040277/000001 - 5590270 v1 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. Application of ELITAVIA MALTA 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-2014-______

June 10, 2014 APPLICATION OF ELITAVIA MALTA LIMITED

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT Elitavia Malta Limited (“Elitavia Malta” 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 Procedures2 for an exemption and a foreign air carrier permit authorizing Elitavia Malta 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. Elitavia Malta 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 amended foreign air carrier permit. As soon as possible thereafter, Elitavia Malta requests that the Department issue a Final Order issuing Elitavia Malta its EU-U.S. open-skies foreign air carrier permit for a period of indefinite duration.Application of Elitavia Malta Limited Page 2

\\DC - 040277/000001 - 5590270 v1 Elitavia Malta is a new EU air operator that was established to provide a full array of personal and business aviation services, including exclusive “private” aircraft charter flights to global destinations using business jets. In order to meet the dynamic travel requirements of its charter customers, Elitavia Malta is eager to offer charter flights to and from the United States to the full extent permitted to air carriers from EU Member States under the EU-U.S. open-skies agreement. In support of this application, Elitavia Malta submits the following information required under the U.S.-EU Reciprocal Recognition Procedures:
1. The name and address of the applicant.

Elitavia Malta Limited SkyParks Business Centre Malta International Airport Luqa LQA 4000 MALTA
2. Statement of the authority sought. Elitavia Malta 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;Application of Elitavia Malta Limited Page 3

\\DC - 040277/000001 - 5590270 v1

 foreign charter air transportation of cargo between any point or points in the United States and any other point or points;

 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 EAU-1 are the Applicant’s Air Operating License (No. CAD / M-28 / 2014) and Air Operator Certificate (AOC No. M-28) dated April 26, 2014, with Operations Specifications dated May 16, 2014, issued by the Transport Malta Civil Aviation Directorate (“Malta CAD”), authorizing Elitavia Malta to engage in worldwide charter air transportation of passengers and cargo. Elitavia Malta 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.

Transport Malta Civil Aviation Directorate Luqa Airport, Luqa LQA 3290 MALTAApplication of Elitavia Malta Limited Page 4

\\DC - 040277/000001 - 5590270 v1 5. Statement that the Applicant’s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205. Elitavia Malta’s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205, as reflected in the Certificates of Insurance attached as Exhibit EAU-2. The Certificate of Insurance will also be filed with the FAA.
6. Copies of signed OST Form 4523 (waiver of liability limits under the Warsaw Convention). Attached as Exhibit EAU-3 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 Elitavia Malta 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 hocservices from existing sources. Family Support Plan and Passenger Manifest Information. Elitavia Malta 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 Elitavia Malta expands its fleet to include large aircraft in the future, it will make the necessary submissions.Application of Elitavia Malta Limited Page 5

\\DC - 040277/000001 - 5590270 v1 WHEREFORE, Elitavia Malta Limited 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,

__________________________________ 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 ELITAVIA MALTA LIMITEDApplication of Elitavia Malta Limited

\\DC - 040277/000001 - 5590270 v1 Exhibit EAU-1

Air Operating License and Air Operator CertificateApplication of Elitavia Malta Limited

\\DC - 040277/000001 - 5590270 v1 Exhibit EAU-2 Certificates of InsuranceApplication of Elitavia Malta Limited

\\DC - 040277/000001 - 5590270 v1 Exhibit EAU-3 OST Form 4523Application of Elitavia Malta Limited

\\DC - 040277/000001 - 5590270 v1 Exhibit EAU-4 Verification\\DC - 040277/000001 - 5590270 v1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of Elitavia Malta Limited for an Exemption and a Foreign Air Carrier Permit has been served this 10th day of June, 2014, on the following addressees: Kris Urs 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