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# PIERRE MURPHY SUITE590 1200 NEW HAMPSHIRE AVENUE, NW WASHINGTON, D.C. 20036 TELEPHONE: (202) 776-3980 TELECOPIER: (202) 776-3975


## VIA ELECTRONIC SUBMISSION Attn: Ms. Barbara Hairston Dockets OST-95-236 Dockets Facility U.S. Department ofTransportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 May 12,2015

Re: Sky King, Inc.: E·MAIL: PMURPHY@LOPMURPHY.COM



## Form OST-4523 (Warsaw Waiver); Docket OST-95-236 Dear Ms. Hairston: Pursuant to the economic authority 1 

## issued by the Department to Sky King, Inc. ("Sky King"), Sky King hereby requests pursuant to applicable Part 215 procedures a registration ofthe trade names: Songbird Airways, Inc., d/b/a XTRA Airways, d/b/a XTRAirways. Attached please 

## fmd three (3) executed copies ofOST Form 4523 as well as electronic payment confirmation ofthe $56 fee associated with the new registration. Should you require any additional information in connection with this matter, please let me know.

ierre Murphy Attorney for Sky King, Inc. cc: Frank Visconti (Sky King) (via email)
See: DOT Order 2014-12-12 (Final Order fmding Sky King, Inc. is a US citizen and fit, willing and able to resume interstate and foreign charter air transportation ofpersons, property and mail.)

# u.s. Department of

### Tran1portatlon Office of the Secretary ofTransportation 

# AGREEMENT Docket OST 15-236

The undersigned can1el'1l (hereinafter referred to as "the

**Canien~•)** hereby agree as follows: 1. 

### Each ofthe Carrieflshall, effective 

### May 16, 1986, include the folkMing in its conditions of

**a~rriage,** including tariffs embodying conditions of

**a~rriage** filed by 

### it¥.4th any government: "'The Carrier shall avail itself 

### ofthe limitation 

### ofliability 

### provided in the Convention for the Unification ofCertain Rules Relating to lntematfonaJ Carriage by/IJr signed at Wat"law October 12th, 1929, or provided in the said Convention •• amended by the Protocol signed at 

### The Hague September 28th, 1955. Hawaver, in accordance 

### with Article 22(1) of said Convention, or said Convention as amended by said Protocol, the Carrier agrees 

### that, as 

### to all International transportadon by the Carrier as defined In the 

### said Convention 

### or said Convention 

### as amended 

### by said Protocol, 

### which, according 

### to the contract of Carriage, includes a point in 

### the United 

### States of

### America as 

### a point of 

### origin. point of

### destination, or agreed stopping place (1) The limit of tiability for each passengerfor death, 

### wounding, or other bodily Injury shall be 

### the aum of US $75,000 indusive of legal fees and 

### costs, except that, in case ofa claim brought in a State v.tlere pravfslon is made for separate award 

### oflegal fees and costs. the limit shall 

### be the sum of US $58,000 exclusive of

### legal fees and costs. (2) The carrier shall not. with respect 

### to any dalm arising out of the death, wounding, or other bodily injury of a passenger, 

### avail 

### itseffofany defense under Article 

### 20(1) 

### of said Canventlon or 

### said Convention 

### as amended by said 

### Protocol. Nothing herein shall 

### be deemad 

### to affect the rights and liabilities 

### of the Carrier 

### oMth regard 

### to any claim brought by, on 

### behalf of, or in respect of any person who has

**~ltfully** 

### caused damage which resulted in death, wounding, or other bodily Injury of , a passenger: · 2. Each 

### carrier shall, 

### atthe time 

### ofdelivery ofthe ticket. fumilh 

### to each passenger whose transportation ia governed by

### the Convention. orthe Convention as amended 

### by the Hague Protocol, and 

### by 

### the special contract 

### described In paragraph 1, the 

### fallowing notice, 

### which shall 

### be printed k\ 

### type at least as large as 10 point modem 

### type and In ink contrasting

**~th** the stock an 

### 0) each ticket; (ii) a piece of paper either placed In the ticket envelope with the Uckat or attached to the ticket; 

### or (iii) on the ticket envelope: •ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF ltABIUTY Passengers on ajoumey lnvoMng an ultimate destination or a stop 

### in a country other than the country oforigin are advised that 

### the provisions of a treaty known aa1he Warsaw Convention may be appUcable 

### to the entire journey, including any portion entirely 'l.rithin the country of 

### origin or destination. For such paAengera on ajoumey to, from, or

### ¥11th an agreed stopping place in the United 

### Statee ofAmerica. the Convention and special contracts of carriage embodied In applicable tartffa provide that 1he liability of 

### (certain ]* ((name of 

### camer) and certain other) carriers parties 

### to such 

### special contracts for death of or personal injury to passengers is limited in mOlt cases to proven damages not to exceed US $75,000 per passenger, and that thisllability up to such 

### 1\mit shall nat depend on negligence on the part ofthe canter. For such passengers traveling by a carrier not a party 

### to such special contracts or on ajoumey not 

### to, frcm, or having an agreed stopping place in 

### the United States ofAmerica, UabHity ofthe carrier for death or personal Injury 

### to passengers islimlted In most cases 

### to approximately US $10,000 or US $20,000. The names 

### ofCarrier& parties 

### to such special contracts are 

### available 

### at an ticket offices 

### of such carriers and may be examined on request. Additional protection can usualy 

### be obtained 

### by purchuing Insurance fmm a private company. Such Insurance is 

### not affeded by any limitation of the carrier's tiablllty under the Warsaw Convention or such spacial contracts ofcarriage. For further information 

### please consult your 

### airUne orinsurance company representative.• 3. (This Agreement was ftled with the ClvU Aeronautics Board 

### ofthe United 

### States. The Board approved it by Order 

### E-23680. adopted May 13, 1966. The Agreement (Agraement 18900) became effective May 16, 1966. On January 1, 1985. this 

### AGreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 4. This Agreement may 

### be signed 

### in any numberofcounterparts, •• 

### ofwhich 

### shall constitute one Agreement. 

### Any Carrier may became a party to this Agreement by signing a counterpart hereof and depositing it with DOT. 6. 

### Any Carrier party hereto 

### maywithdraw from this Agreement 

### by giving twelve (12) mon and the other Carriers parties to 

### the Agreement *Either alternative may be used.

OST Form 4523 (FonnetfyCAB Form 213) (Signatura and Dale}

**...!!155i!52E:::~=::;:;2f!I~=:::=:~ ::....~--­**  (Prfntecl Name and ntta)
__ **..EDIUlJ!;...J...Yiw:llll1i...El~~DUU:ElL**

### __ (Nama and Address ofCanier)
___ 

### s_o_n_gb_i_rd_A_irw_a_y_~_l_nc_._,------- d/b/a XTRA 

### Airways, d/b/a XTRAirways 800 North 

### Magno)ia Drive Suite 510 

### Orlando,. FL 32803

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