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 this 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 Parts 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 transportation of persons and property 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 transportation of persons and property 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 the prior approval requirements set forth in Part 212 of 

the Department’s Aviation Economic Regulations; and 

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

European Community carriers in the future. 
 2 

Blue Jet further requests exemption authority 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 described above be issued expeditiously and that 

the Department process this application pursuant to the streamlined regulatory procedures for 

licensing U.S. and foreign air carriers set forth in the Notice dated August 23, 2005 (Docket 

OST-2005-22228), and issue a single order (1) granting 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 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 Department’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 agreement 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 applied beginning March 30, 2008. Blue Jet is requesting authority 

to the full extent provided by the US-EC Agreement and automatic application of additional 

rights made available to European Community carriers in the future. 

 

 2. The full name and address of the applicant is: 
 3 

Blue Jet Sp. z o.o. 

02-146 Warsaw 

ul. 17 Stycznia 47 

Poland 

The applicant is a corporation organized under the laws of Poland. 

 3. The name and official address of the government air transport authority 

having regulatory jurisdiction over Blue Jet is: 

 Urzędu 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 transportation 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 Community (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 States and points in the United States. These 

services will be operated with business jet size aircraft. 

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

Exhibit 2 are OST Forms 6411 evidencing Blue Jet’s insurance coverage.
 4 

 8. Blue Jet is applying to the Department 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 Aviation 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 authority would not constitute 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 transportation of persons and property from any point or 

points behind any Member State of the European Union via any point or 

CERTIFICATE 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 Authority 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.gov 

 
 

BLUE JET SP. Z O.O. 

EXHIBIT 1 

AIR OPERATOR CERTIFICATE 

 



















 

BLUE 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