BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

BLUE JET SP. Z O.O. For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (U.S.-Europe) Docket DOT-OST-2014-

APPLICATION OF BLUE JET SP. Z O.O. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY Communications with respect to th is document should be sent to: Gary B. Garofalo Erin M. Tallardy Jason E. Maddux Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW STE 590 Washington, D.C. 20036 Phone 202-776-3970 Fax 202-776-3975 ggarofalo@ggh-airlaw.com etallardy@ggh-airlaw.com jmaddux@ggh-airlaw.com Counsel for Blue Jet Sp. z o.o.

February 24, 2014

Notice: Any person who wishes to support or oppose this application may file an answer and serve that answer on above-named counsel and all persons served with the application. Answers to the exemption application are due by March 11, 2014, and answers to the permit application are due by March 17, 2014.BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

BLUE JET SP. Z O.O. For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (U.S.-Europe) Docket DOT-OST-2014-

APPLICATION OF BLUE JET SP. Z O.O. FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY Pursuant to 49 U.S.C. § 41301 and Part s 211 and 302 of the Aviation Economic Regulations, Blue Jet Sp. z o.o. (“Blue Jet”) hereby applies for a foreign air carrier permit to the full extent authorized by 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”) to enable it to engage in:

i. foreign charter air transpor tation of persons and propert y 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 charter air transpor tation of persons and prope rty between any point or points in the United States and any point or points in any member of the European Common Aviation Area;

iii. other charters pursuant to th e prior approval requirements set forth in Part 212 of the Department’s Aviation Economic Regulations; and

iv. transportation authorized by any additi onal route rights ma de available to European Community carriers in the future.2 Blue Jet further requests exemption author ity under 49 U.S.C. § 40109 to the extent necessary to enable it to provide the services described above pending issuance of a foreign air carrier permit and such additional or other relief as the Department may deem necessary or appropriate. Blue Jet requests that the authority descri bed above be issued e xpeditiously and that the Department process this application pursuan t to the streamlined regulatory procedures for licensing U.S. and foreign air carriers set fort h in the Notice dated August 23, 2005 (Docket OST-2005-22228), and issue a single order (1) gr anting the requested exemption authority for a two-year period or until the requested permit authority becomes effective, whichever occurs first, and (2) approving the correspond ing foreign air carrier permit under the showcause procedures described in the August 23, 2005 Notice. Blue Jet further requests the Department process this application pursuant to the streamlined regulatory procedures for licensing European Union air carriers pursuant to the provisions of the U.S.-EU Reciprocal Recognition Procedures set forth in the De partment’s Notice dated February 19, 2009. In support of this application, Blue Jet states as follows: 1. The United States and the European Community successfully concluded negotiations for a new air transport agr eement on March 2, 2007. The US-EC Agreement was approved by the European Council on March 22, 2007, and was signed on April 30, 2007, to be provisionally applie d beginning March 30, 2008. Blue Jet is requesting authority to the full extent provided by the US-EC Agreem ent and automatic application of additional rights made available to European Community carriers in the future.

2. The full name and addr ess of the applicant is:3 Blue Jet Sp. z o.o. 02-146 Warsaw ul. 17 Stycznia 47 Poland The applicant is a corporation or ganized under the laws of Poland.

3. The name and official address of the government air tr ansport authority having regulatory jurisd iction over Blue Jet is:

Urz ę du Lotnictwa Cywilnego (Civil Aviation Authority) 02-247 Warsaw ul. Flisa 2 Poland

4. Blue Jet holds authority to operate the aircraft listed in its Air Operator Certificate PL-025A/13, which was issued by the Civil Aviation Authority and is attached as Exhibit 1. Its current expiry is October 28, 2014, and Blue Jet anticipates it will be renewed

in due course.

5. Since March 30, 2008, air transportati on between the United States and Poland is governed by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Commun ity (signed April 30, 2007). The authority requested here is consistent with that agreement.

6. Blue Jet requests this authority to provide ad hoc, on demand charter operations between points outside the United Stat es and points in the United States. These services will be operated with business jet size aircraft.

7. Blue Jet meets the Department’s requi rements for insurance. Attached as

Exhibit 2 are OST Forms 6411 evidenci ng Blue Jet’s insurance coverage.4 8. Blue Jet is applying to the Departme nt for authority to operate aircraft designed to have a maximum passenger capacity of not more than 60 seats or a maximum payload capacity of not more than 18,000 pounds . Pursuant to Order 98-1-31 issued February 3, 1998, Blue Jet is exempt from the provisions of 49 U.S.C. § 41313, which requires submission of an Aviati on Disaster Family Assistance Plan. Further, pursuant to Part 243.3 of the Aviation Economic Regulations , Blue Jet is not required to collect passenger manifest information.

9. A partial waiver of the liability limitations of the Warsaw Convention (OST Form 4523) is attached as Exhibit 3.

10. Blue Jet anticipates that grant of the requested authority will not result in aircraft fuel consumption exceeding 10 million gallons. Accordingly, grant of the requested foreign air carrier permit and exemption author ity would not constitu te a major regulatory action under the Energy and Conservation Act of 1975, as defined in Section 313.4 of the Aviation Economic Regulations.

11. The verification required by § 211.11 of the Aviation Economic Regulations

is attached as Exhibit 4.

WHEREFORE, Blue Jet Sp. z o.o. submits that grant of this application would be consistent with the public interest and requests that the Department issue a foreign air carrier permit and exemption authority to enable Blue Jet to engage in:

i. foreign charter air trans portation of persons and property from any point or points behind any Member State of th e European Union via any point orCERTIFICATE OF SERVICE I certify on this 24th day of February, 2014 a copy of the foregoing Application for a Foreign Air Carrier Permit and Exemption Aut hority has been served by electronic mail on the parties named below.

__________________________________ Vanessa Krasniewicz

Kris Urs U.S. Department of State urskr@state.gov John Duncan Federal Aviation Administration john.s.duncan@faa.govBLUE JET SP. Z O.O.

EXHIBIT 1

AIR OPERATOR CERTIFICATEBLUE JET SP. Z O.O.

EXHIBIT 2

INSURANCE (OST FORMS 6411)BLUE JET SP. Z O.O.

EXHIBIT 3

WARSAW CONVENTION (OST FORM 4523)BLUE JET SP. Z O.O.

EXHIBIT 4

VERIFICATION