BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

XL AIRWAYS FRANCE 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41302 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2008-0062 

APPLICATION OF XL AIRWAYS FRANCE FOR RENEWAL OF 

EXEMPTION AUTHORITY AND FOR A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be sent to: 

 Don H. Hainbach 

Erin M. Tallardy 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, DC 20036 

Phone: 202-776-3970 

Fax: 202-776-3975 

dhainbach@ggh-airlaw.com 

etallardy@ggh-airlaw.com 

Counsel for XL Airways France 

March 18, 2011 

Notice: Any person who wishes to support or oppose this application must file an answer and 

serve that answer on above-named counsel and all persons served with this application. Answers 

to the exemption renewal application are due by April 4, 2011, and answers to the foreign air 

carrier permit application are due by April 8, 2011. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

XL AIRWAYS FRANCE 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41302 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2008-0062 

APPLICATION OF XL AIRWAYS FRANCE FOR RENEWAL OF 

EXEMPTION AUTHORITY AND FOR A FOREIGN AIR CARRIER PERMIT

 Pursuant to Section 40109(c) of Title 49 of the United States Code and Part 302, Subpart 

C of the Department’s Economic Regulations, XL Airways France hereby applies for renewal of 

its exemption authority to engage in: 

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 other point or points; 

iv. other charters pursuant to the prior approval requirements set forth in Part 212 of the 

Department’s Economic Regulations; and 

v. transportation authorized by any additional route rights made available to European 

Community carriers in the future. 
2

In filing this application, XL Airways France relies upon the automatic extension provision of 

the Administrative Procedure Act, 5 U.S.C. §558(c), as implemented by 14 CFR Part 377, to 

continue its current authority in effect pending Department action on this application. 

Pursuant to Section 40301 of Title 49 of the United States Code and Part 211 of the 

Department’s Economic Regulations, and pursuant to the Air Transport Agreement Between the 

United States and the European Community and the Member States of the European Community 

(hereinafter the “US-EC Agreement”). XL Airways France further requests issuance of a foreign 

air carrier permit to enable XL Airways France to engage in the same foreign air transportation 

described above. 

XL Airways France requests that the foreign air carrier permit described above be issued 

expeditiously and that the Department process this application pursuant to the streamlined 

regulatory procedures for licensing US and foreign air carriers set forth in the Notice dated 

August 23, 2005 (Docket OST-2005-22228), and issue an order (1) renewing the requested 

exemption authority for a two-year period or until the requested permit authority becomes 

effective, whichever occurs first, and (2) approving the corresponding foreign air carrier permit 

under the show-cause procedures described in the August 23, 2005 Notice. 

 Pursuant to the US-EU Reciprocal Recognition Procedures, released by the Department 

on February 19, 2009, delineating the US-EU Joint Committee procedures for the reciprocal 

recognition of regulatory determinations with regard to airline fitness and citizenship, XL 

Airways France states the following: 
3

 1. XL Airways France’s full name and address are: 

XL Airways France 

Batiment Mars 

Continental Square II 

3 place de Berlin, BP 13760 

95727 Roissy CDG cedex FRANCE 

Attached as Exhibit 1 is XL Airways France’s current Air Operator Certificate (AOC) issued by 

the French Direction Générale de l’Aviation Civile (DGAC). Attached as Exhibit 2 is XL 

Airways France’s current air transport license issued by the Ministry of State, Ecology, Energy, 

Sustainable Development and Country Planning.

 2. XL Airways France has held DOT authority continuously since April 2008, when 

it was granted exemption authority to operate charter service (Order 2008-4-5). XL Airways 

France was subsequently granted exemption authority to operate scheduled service by Notice of 

Action Taken (“NOAT”) dated March 31, 2009. That authority, which is scheduled to terminate 

on March 31, 2011, authorizes XL Airways France to engage in: 

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 other point or points; 

iv. other charters pursuant to the prior approval requirements set forth in Part 212 of 

the Department’s Economic Regulations; and 

v. transportation authorized by any additional route rights made available to 

European Community carriers in the future. 
4

 3. XL Airways France is a European Community air carrier. Its homeland is France. 

 4. XL Airways France meets the Department’s requirements for insurance. 

Attached as Exhibit 3 is an updated OST Form 6411. 

 5. A copy of XL Airways France’s waiver of liability limits under the Warsaw 

Convention is on file in Docket OST-1995-236. 

 6. When the Department previously granted XL Airways France’s exemption 

authority in this docket, it determined that XL Airways France was qualified to perform the 

proposed operations. Based on those findings, the Department concluded that grant of the 

requested authority would be consistent with the public interest. XL Airways France remains 

fully qualified to operate scheduled and charter foreign air transportation to the United States and 

on a worldwide basis. Renewal of XL Airways France’s existing exemption authority and 

issuance of a foreign air carrier permit would continue to provide consumers in the United States 

and Europe additional choices in air transportation, expand the transatlantic service options 

currently available, increase competition, and therefore benefit the traveling public. Under these 

circumstances, grant of the authority requested here is consistent with the public interest. 

7. XL Airways France anticipates that grant of the requested authority will not result 

in aircraft fuel consumption exceeding 10 million gallons. Accordingly, grant of the requested 

exemption would not constitute a “major regulatory action” under the Energy and Conservation 

Act of 1975, as defined in Section 313.4 of the Department’s regulations. 

 8. XL Airways France will continue to conform to applicable statutes, the 

Department’s regulations, and all other requirements. 
5

 ACCORDINGLY, XL Airways France requests that the Department issue an order (1) 

granting to XL Airways France the requested exemption renewal for a two-year period or until 

the requested permit authority becomes effective, whichever occurs first, and (2) issuing to XL 

Airways France a foreign air carrier permit under the show-cause procedures described in the 

August 23, 2005 Notice to engage in: 

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 other point or points; 

iv. other charters pursuant to the prior approval requirements set forth in Part 212 of the 

Department’s Economic Regulations; and 

v. transportation authorized by any additional route rights made available to European 

Community carriers in the future. 

 Respectfully submitted, 

 

 Don H. Hainbach 

 Erin M. Tallardy 

Counsel for XL Airways France 

March 18, 2011 
EXHIBIT 1 

XL AIRWAYS FRANCE 

Air Operator Certificate 

EXHIBIT 2 

XL AIRWAYS FRANCE 

Air Transport License



EXHIBIT 3 

XL AIRWAYS FRANCE 

Insurance Certificate 


CERTIFICATE OF SERVICE

 I hereby certify that I have on this day served a copy of the foregoing Application for 

Renewal of Exemption Authority and for a Foreign Air Carrier Permit on the following persons 

in accordance with the Department’s Rules of Practice. 

 ___________________________________ 

 Vanessa Krasniewicz 

March 18, 2011 

anita.mosner@hklaw.com 

anbird@fedex.com 

bill@mietuslaw.com 

carl.nelson@aa.com 

dvaughan@kelleydrye.com 

efaberman@wileyrein.com 

howard_kass@usairways.com 

jhill@dowlohnes.com 

jeffrey.manley@united.com 

jrichardson@johnlrichardson.com 

jyoung@yklaw.com 

kevin.montgomery@polaraircargo.com 

ldwasko@erols.com 

lhalloway@crowell.com 

matwood@cozen.com 

mcmillin@woa.com 

mroller@rollerbauer.com 

msinick@ssd.com 

rbkeiner@crowell.com 

recohn@hhlaw.com 

rpommer@atlasair.com 

rsilverberg@sgbdc.com 

sascha.vanderbellen@delta.com 

urskr@state.gov 

john.allen@faa.gov