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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)

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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.
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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,1and the Streamlined Licensing Procedures2for 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

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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

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 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

MALTA
Application of Elitavia Malta Limited

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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 hoc services 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

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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 LIMITED
Application of Elitavia Malta Limited

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Exhibit EAU-1

Air Operating License and Air Operator Certificate







Application of Elitavia Malta Limited

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Exhibit EAU-2

Certificates of Insurance




Application of Elitavia Malta Limited

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Exhibit EAU-3

OST Form 4523

Application of Elitavia Malta Limited

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Exhibit EAU-4

Verification

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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